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Terms & Conditions RAIVA SPORTS

Article 1 Definitions
RAIVA SPORTS:
the organization with which the Member concludes an Agreement concerning Training at Renzo Gracie Holland (or one (1) of its franchises)
The Member:
a natural person who does not act in the exercise of a profession or business and who enters into an Agreement concerning Training
Training:
a physical and/or mental activity
The Agreement:
Agreement between RAIVA SPORTS and the Member regarding Training
In Writing:
means both physically (paper) and digitally

Article 2 Applicability
These general terms and conditions apply to the conclusion and execution of all Agreements concerning Training, which are concluded between RAIVA SPORTS and the Member.

Article 3 The Offer

  1. RAIVA SPORTS issues the offer in writing, orally or digitally. The offer is valid for a period specified by RAIVA SPORTS. If RAIVA SPORTS has not set a term for acceptance, the offer remains valid for two weeks after the date.

  2. The offer includes at least:

  • the reflection period, as referred to in Article 5;

  • the facilities and guidance available for use;

  • the days and times when the facilities may be used;

  • the subscription costs and the consequences for costs in the event of early termination under Article 6. The offer clearly states whether it concerns periodic or one-time costs;

  • the moment RAIVA SPORTS may increase costs under Article 7, annually;

  • the method and term of payment;

  • the duration of the Agreement and the corresponding notice period or, in the case of a multiple-entry card, the validity period;

  • the (house) regulations.

  1. The description of the offer must be sufficient to allow the Member to make a proper assessment of it.

  2. The general terms and conditions are provided with the offer in writing and/or digitally, in such a way that the Member can take note of them and store them.

Article 4 The Agreement
The Agreement is concluded by acceptance of the offer by the Member. The Agreement is strictly personal.

Article 5 Reflection Period

  1. During a reflection period of seven (7) calendar days after signing the Agreement, the Member has the right to withdraw from the Agreement free of charge. This right ends when the Member makes use of the Training facilities earlier.

  2. For Agreements concluded remotely (such as via the RAIVA SPORTS website), a reflection period of seven (7) calendar days applies. The Member may withdraw from the Agreement free of charge within this period. If the Member uses RAIVA SPORTS’ services during this period at their own request, the Agreement is valid.

Article 6 Duration and Termination

  1. RAIVA SPORTS offers the Member at least the choice of:

  • an Agreement of 1, 6, or 12 months, calculated per end of month;

  • an Agreement in the form of a 10-visit card;

  • an Agreement resulting from a special promotion.
    If the Member wishes to terminate the Agreement, they must do so on time and before the end of the subscription period, observing a notice period of 1 calendar month per end of month, all in accordance with paragraph 4 of this article. If the Member does not terminate in time, the Agreement will continue indefinitely after the agreed period. The Member may terminate an indefinite Agreement at any time with a notice period of 1 calendar month per end of month, in accordance with paragraph 4 of this article.

  1. If the Agreement is concluded for a period longer than 1 year, the Member may terminate the Agreement after 1 year with a notice period of 1 calendar month per end of month, in accordance with paragraph 4 of this article.

  2. The Member may terminate the Agreement during the term if:

  • the Member can prove in writing that they are moving to another address and, due to the increased travel time, it is no longer possible to participate in Training. If another branch of the relevant company with equivalent facilities and service level is located at the same or shorter distance from the new residence, the Agreement will be transferred to that branch.

  • it has become impossible for the Member, due to a demonstrable injury or illness at the time of termination, to use the training activities for the remainder of the subscription period. Termination must be made with a notice period of 1 month at the end of the month, in accordance with paragraph 4 of this article. In the event of termination due to demonstrable injury and/or illness, the notice period starts at the time of termination, provided that the Member simultaneously submits documents (statement from a doctor or other recognized specialist) showing at least that the Member is unable to train due to injury and/or illness.

  1. The Member must terminate the Agreement orally at the location where the membership applies. Upon termination, the Member must pay all outstanding amounts immediately. If the Member cannot pay the outstanding amounts, the Agreement continues until all amounts are settled.

  2. In the case of termination as referred to in paragraphs 2 and 3, RAIVA SPORTS is entitled to recalculate the subscription based on the actual period used and the corresponding subscription fee and/or registration fee.

  3. In addition to the termination option referred to in paragraph 3, the Member may freeze the Agreement. If the Member cannot participate in training activities for longer than one (1) month due to a demonstrable injury, illness, or a government-imposed closure, the contract period will be extended accordingly without additional subscription fees being charged. RAIVA SPORTS may, however, charge reasonable administrative costs.

  4. RAIVA SPORTS may terminate the Agreement immediately if:

  • the Member violates one or more provisions of these terms or the applicable (house) regulations, unless the violation does not justify early termination; or

  • the Member has acted unlawfully towards RAIVA SPORTS or its contractors.
    In these cases, RAIVA SPORTS will not refund the remaining subscription fee. This is without prejudice to the Member’s liability for any damages.

  1. If RAIVA SPORTS ceases its business, it may terminate the Agreement prematurely with a notice period of 1 month. In this case, RAIVA SPORTS will refund the remaining subscription fee.

Article 7 Price and Price Changes

  1. The subscription fee is agreed upon before concluding the Agreement.

  2. RAIVA SPORTS will announce any price increases at least 1 calendar month in advance.

  3. In the event of a price increase, the Member has the right to terminate the Agreement within 4 weeks of the announcement, provided the Agreement is not older than three (3) calendar months. Prepaid subscription fees for the period after termination will be refunded, but the fees will be recalculated to the actual subscription period.

  4. The termination option from paragraph 3 does not apply to price adjustments based on the CBS consumer price index or adjustments resulting directly from law, such as a VAT increase, unless such increase is announced by RAIVA SPORTS within 3 months after concluding the Agreement. In that case, the Member may terminate the Agreement within 3 months after its conclusion. Prepaid fees for the period after termination will be refunded, and the subscription fees recalculated accordingly.

Article 8 Obligations of RAIVA SPORTS

  1. RAIVA SPORTS ensures that the facilities and services provided meet the Agreement.

  2. RAIVA SPORTS maintains the facilities as required.

  3. If RAIVA SPORTS uses instructors and/or supervisors, it guarantees that they have sufficient knowledge as may reasonably be expected.

  4. RAIVA SPORTS ensures that sufficient first aid resources are available.

Article 9 Obligations of the Member

  1. The Member complies with the instructions given by RAIVA SPORTS and the (house) regulations.

  2. The Member must report any medical contraindications for Training to RAIVA SPORTS.

  3. The Member must follow the instructions of RAIVA SPORTS or its appointed staff. The Member is not permitted to use equipment or facilities with which they are unfamiliar. If the Member is unfamiliar, they must inform RAIVA SPORTS so that instructions can be provided.

  4. The Member is not permitted to use equipment or facilities under the influence of alcohol, drugs, medication, or substances designated as doping.

  5. The Member is not permitted to smoke in the facilities provided by RAIVA SPORTS.

  6. The Member must report changes in postal address, email address, bank account number, and telephone number to RAIVA SPORTS in writing or electronically in good time.

Article 10 Interim Changes

  1. RAIVA SPORTS may make interim changes to the facilities, schedules, programs, and opening hours. These changes will be announced in good time.

  2. In case of changes disadvantageous to the Member, the Member has the right within 4 weeks after the announcement to terminate the subscription without notice if they can prove that the changes justify termination. If justified, prepaid subscription fees will be refunded.

Article 11 Proof of Participation

  1. After payment and upon presentation of valid identification, the Member receives proof of participation. This proof may be required upon entry for registration of the visit.

  2. If the proof of participation is lost or damaged, a new one can be requested. RAIVA SPORTS may charge reasonable costs for this.

Article 12 Payment

  1. Subscription fees are charged and paid in the agreed manner.

  2. If payment is not made on time, the Member is in default after being notified in writing by RAIVA SPORTS and given 2 weeks to pay.

  3. After this period, RAIVA SPORTS may charge statutory interest and collection costs under Article 6:96 BW. RAIVA SPORTS may also deny access to the facilities.

Article 13 Liability

  1. RAIVA SPORTS is liable to the Member for damage resulting from an attributable failure to comply with the Agreement and for damage that is at its risk. RAIVA SPORTS is not liable for damage to or loss of property, unless otherwise agreed or in cases of unlawful conduct by RAIVA SPORTS.

  2. RAIVA SPORTS will adequately insure against business risks. The coverage amounts to at least €1,000,000 per case. Liability is limited to the insured amount plus deductible.

  3. The Member is liable to RAIVA SPORTS for damage resulting from attributable failure to comply with the Agreement and for damage at their own risk.

Article 14 Complaints

  1. RAIVA SPORTS handles all complaints as determined in this article.

  2. The Member must submit complaints about the Agreement as soon as possible, but no later than two (2) weeks after discovering the defects, unless reasonably impossible. Complaints must be complete, clear, and, if possible, supported by evidence.

  3. Late submission may result in loss of rights.

  4. RAIVA SPORTS answers complaints as soon as possible, but no later than 4 weeks after receipt. If more time is needed, RAIVA SPORTS will confirm receipt and give an expected timeframe for a detailed response.

  5. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

Article 15 Disputes

  1. Disputes between RAIVA SPORTS and the Member regarding the conclusion or performance of the Agreement may be brought before separate legal representatives to avoid conflicts of interest.

  2. A dispute will only be processed if the Member has first submitted the complaint fully and clearly as per Article 14.

  3. A dispute must be submitted to court within 12 months after the complaint was filed with RAIVA SPORTS. It must be submitted in writing, stating the names of both parties, a clear description of the dispute, and supporting evidence.

  4. If a dispute cannot be resolved mutually, even with legal assistance, RAIVA SPORTS may bring the dispute before the court.

  5. Disputes regarding unpaid subscription fees without substantive complaints, or related to death, bodily injury, or illness, are settled by the court.

Article 16 Amendment Clause
RAIVA SPORTS is entitled to amend or supplement these general conditions. Members will be informed of the changes and given the opportunity to terminate the Agreement in accordance with Article 6:237 BW. RAIVA SPORTS informs the Member at least two (2) months in advance of the changes and their effective date. If the Member wishes to terminate due to the changes, they must do so at least one month before the effective date. Termination takes effect one month after RAIVA SPORTS receives the notice.

Article 17 Applicable Law
All Agreements to which these conditions apply are governed by Dutch law, unless mandatory law provides otherwise. All disputes will be submitted to the Court of Breda.

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