Terms of Service

Acceptance of Terms

By accessing and using the services provided by NovaElementium B.V., including our website, facilities, and CrossFit training programmes, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms").

These Terms constitute a legally binding agreement between you and NovaElementium B.V. If you do not agree with any part of these Terms, you must not use our services or access our facilities.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services after any such changes constitutes acceptance of the new Terms.

Description of Services

NovaElementium B.V. operates a CrossFit studio providing fitness training services, including but not limited to:

• Group CrossFit classes and training sessions
• Personal training and one-on-one coaching
• Beginner and advanced fitness programmes
• Mobility and flexibility training
• Nutrition guidance and wellness coaching
• Access to fitness equipment and facilities

All services are provided at our facility located at Molenweg 87, 4873 XT Breda, Netherlands, and are subject to availability and scheduling.

Membership and Registration

To access our services, you must complete our registration process and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Membership fees are due in advance and are non-refundable except as specifically provided in these Terms or required by law. We reserve the right to modify membership fees with reasonable notice.

You must be at least 16 years of age to register for our services. Minors under 18 must have parental consent and supervision as required by our policies.

Health and Safety Requirements

Participation in fitness activities involves inherent risks. By using our services, you acknowledge that you understand these risks and participate at your own risk. You represent that:

• You are in good physical condition and have no medical conditions that would prevent safe participation
• You have consulted with a physician if you have any health concerns
• You will follow all safety instructions and facility rules
• You will immediately report any injuries or health issues to our staff
• You will not participate if you feel unwell or have any contagious conditions

We reserve the right to refuse service or terminate membership if we believe your participation poses a risk to yourself or others.

User Obligations

As a user of our services, you agree to:

• Comply with all facility rules, policies, and procedures
• Treat staff, instructors, and other members with respect and courtesy
• Use equipment properly and safely as instructed
• Maintain appropriate hygiene and wear suitable workout attire
• Arrive on time for scheduled sessions and provide reasonable notice for cancellations
• Pay all fees and charges promptly when due
• Not engage in any disruptive, dangerous, or inappropriate behaviour
• Not use our facilities or services for any unlawful purpose

Violation of these obligations may result in suspension or termination of your membership without refund.

Intellectual Property

All content on our website and in our programmes, including but not limited to text, graphics, logos, images, workout routines, training methodologies, and software, is the property of NovaElementium B.V. or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission. The NovaElementium name, logo, and all related marks are trademarks of NovaElementium B.V.

Any feedback, suggestions, or ideas you provide to us may be used by NovaElementium B.V. without obligation or compensation to you.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy. We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR).

Cancellation and Refund Policy

Membership cancellations must be submitted in writing with appropriate notice as specified in your membership agreement. Different cancellation terms may apply to different membership types.

Refunds are generally not provided for unused portions of memberships, except in cases of serious injury preventing participation (with medical documentation) or as required by consumer protection laws.

Class cancellations by members should be made at least 12 hours in advance when possible. Repeated no-shows may result in restrictions or additional fees.

Limitation of Liability

To the maximum extent permitted by law, NovaElementium B.V., its directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of our services or facilities.

This includes, but is not limited to, damages for personal injury, property damage, loss of profits, or any other losses, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims arising from or related to these Terms or our services shall not exceed the amount you have paid to us in the 12 months preceding the claim.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.

Indemnification

You agree to indemnify, defend, and hold harmless NovaElementium B.V. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from your use of our services, violation of these Terms, or infringement of any rights of another party.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, pandemic restrictions, or other emergencies.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

Any disputes arising from or related to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of the Netherlands. However, we may seek injunctive relief in any court of competent jurisdiction.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms shall remain in full force and effect.

Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms, non-payment of fees, or behaviour that we deem inappropriate or harmful.

Upon termination, your right to use our services ceases immediately. You remain liable for all charges incurred prior to termination.

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, limitation of liability, and governing law.

Entire Agreement

These Terms, together with our Privacy Policy and any membership agreement you have signed, constitute the entire agreement between you and NovaElementium B.V. regarding the use of our services and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms of Service, please contact us: