Terms and conditions are a legal agreement between:
Cemex properties LTD (CF15)
111 Manoel de Vilhena, Gzira, Malta
Registration Number : C
The client: An individual or group of individuals using the services or advice of the gym
CF15 & Conditions:
The General Terms and Conditions set out by CF15 are intended to define the contractual obligations established between the client CF15 and conditions of sale.
Please read these Terms & Conditions carefully. All our services, offers and / or reservations are subject to these Terms & Conditions. Performing workouts, trainings at CF15, or subscribing to our offers or additional services means that the Terms & Conditions below are accepted. CF15 retains all rights to reject the application of any person deemed unsuitable and this, at its own discretion.
All CF15’ s clients are obliged to act in accordance with the rules and regulations established by the contract.
The client acknowledges having read, understood and accepted the Terms and Conditions.
The data recorded by CF15 constitute evidence of all transactions made by the client.
Data such as invoices, e-mails or communications testify to the client’s commitment and acceptance.
#1 Registration and client’s commitments
1.1 Free registration, without any obligation to purchase.
1.2 Upon registration, the client reads and agrees to CF15’s Terms & Conditions.
1.3 Clients must provide personal information to sign up.
#3 Responsibility and behaviour of the client
3.1 It is the responsibility of the client to have a public liability insurance and a medical insurance and/or comprehensive insurance.
3.2 The client is fully responsible for its acts throughout the workouts/trainings. It is liable for any damage, loss or damage resulting from its acts. The client agrees to indemnify CF15 or any other party that may suffer loss or damage due to the client’s conduct. The client must be insured for any damage or loss that can be caused during his time at CF15.
3.3 The client undertakes to respect the law of the country the workouts take place, and not to harm itself or a third party. If the client does not act in compliance with the facts set out above, it will be deemed fully responsible for the consequences of its acts.
3.4 The client undertakes to behave respectfully during the time spent in the gym and to respect the rules of functioning of the gym explained prior to signing up and public on the website. If there is a breach of the rules, The gym can terminate a membership at his own discretion (with OR without having given a warning, according to the importance and the seriousness of the particular case) and decide not to refund the difference. For any request, the client that got his membership terminated needs to send an email at email@example.com.
3.5 CF15, its staff and its partners cannot be held responsible for any injury, accident, theft, damage, disease, loss, cost or risk that may be incurred during workouts, training or activities going on at CF15
3.6 The client is responsible for its own safety
#4 CF15 commitments and liabilities
4.1 The client hereby acknowledges that CF15 is not legally responsible for the client during and outside of the gym
4.2 CF15 cannot guarantee any weightloss in a specific timeframe, this depends on circumstances which are not under control of CF15.
4.3 The client accepts, understands and acknowledges that doing crossfit, working out, doing physical activities entail a certain degree of risk and danger, inherently dangerous activities or personal risk, both foreseen and unforeseen, which are fully accepted and assumed by the client. The client discharges CF15 from liability and this permanently and irrevocably, for any personal injury, physical, psychological, finacial caused by any activities performed at CF15 or outside of CF15 but under the supervision of CF15. CF15 or assigns, successors, agents, employees, representatives and other service providers (taxi, cleaning service…) cannot be prosecuted for events beyond their control, such as illness, injury (whether emotional or physical), death, damage, loss, theft.
4.4 The client agrees to waive all the claims against CF15 and releases CF15 from its liability (these terms include, assigns, successors, officers, directors, the company itself, employees and agents of the company as well as any person or entity employed or used by CF15) arising from or in connection with any property or physical damages, losses, thefts, accidents, delays, irregularities or other circumstances which the client may suffer from and any circumstances of insuperable force, strikes or government restrictions, war, terrorism, sickness or quarantine or acts or omissions of any agents over which such persons have no direct control, including, without limitation or qualification, airlines, railways, transportation companies, bus, taxi, traffic. The client must understand that he/she is responsible for exercising caution and common sense and taking all measures at all times to avoid injuries and/or death, thefts, losses. The client hereby waives all claims, refund, lawsuits, damages against CF15.
4.5 CF15 takes no responsibility and is not liable for any accidents at any third party’s locations, including but not limited to the premises of CF15. It is the client’s responsibility to ensure it purchases personal liability insurance or health insurance prior to the commencement of the training at CF15. The client is responsible for ensuring that it has purchased full, comprehensive insurance prior to starting doing crossfit, which will cover it for the duration of the membership and which includes, but is not limited to, travel, health, medical and accident insurance.
4.6 The maximum liability of CF15 is limited to the amount of the service provided to the client.
4.7 The client understand that his image can be used when training inside the gym or outside training monitored by CF15 coaches and this for commercial and advertisment purposes.
5.1 CF15 reserves the right to change prices. However, the services are charged on the basis of the rates in effect at the date of the client’s registration.
5.2 The prices are in Euros and include all taxes.
#6 General terms of payment and reimbursement
6.1 CF15 do not refund
6.2 CF15 allows a member to freeze a membership for a maximum period of 2 weeks (per membership). A membership can be suspended and extended ONLY over health issues, if the client provides a doctor certificate. The certificate also needs to mention a date which will allow the member to start the training again. If the member cannot start training again, the membership can be cancelled but no refund can be made. Any other reason to cancel a membership will not be valid and will not entitle the client to any refund.
#7 Unavoidable circumstances
7.1 CF15 and its partners or suppliers are released from their contractual obligations upon the occurrence of a force majeure event, or any act attributable to a third party, or any other circumstances or external cause and / or independent of CF15 staff, directly or indirectly preventing CF15 from meeting its contractual obligations. In these circumstances, any delay or failure to perform its obligations may give rise to damages. Cases of force majeure include, without limitation, in addition to the cases recognized by the courts, all natural disasters, acts of war, public order offenses, epidemics, fires, floods and other disasters, acts of any government, all strikes in any form whatsoever (internal, external, …) and any malfunction of the Internet or networks.
8.1 The client agrees not to disclose any information in relation with CF15 and CF15 partners to its competitors, schools, institutions or other students.
#9 Applicable law and disputes
9.1 These Terms & Conditions are valid from 25th March 2017 and are subject to the laws of Malta. If changes are made to the Terms and Conditions, they will be valid at the time of their publication on the website.
This contract is subject to the laws of Malta. The sole jurisdiction in any dispute is the court of Malta.
These Terms and Conditions represent a contract between the client and CF15.