General Terms and Conditions – Elan Gym Curaçao

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Elan Gym: the fitness facility located at Dr. Martin Luther King Boulevard 131, Willemstad, Curaçao, registered with the Chamber of Commerce under number 102310.
  2. Member: any natural person who has entered into a membership agreement with Elan Gym.
  3. Membership: the agreement that grants access to selected Elan Gym facilities and services in exchange for a membership fee.
  4. eGym: a system of digital strength-training machines personalized through individual profiles and smart data integration.
  5. Fitness Equipment: all non-eGym cardio and strength equipment.
  6. Wallet Card: a digital or physical access pass linked to the member’s personal account.
  7. Group Classes: guided training sessions such as yoga, spinning, or circuit training.
  8. Guest: a non-member temporarily using the facilities under supervision of a member.

Article 2 – Scope and Applicability

  1. These terms and conditions apply to all membership agreements and facility usage at Elan Gym.
  2. By registering as a member, the individual acknowledges and agrees to these terms.

Article 3 – Registration and Access

  1. Membership types and durations vary depending on selected facilities and services.
  2. Registration requires the full and truthful completion of an intake form.
  3. An intake consultation may be required prior to activating access, especially for eGym users.
  4. Upon activation, members receive a wallet card (digital or physical) linked to their profile.
  5. Memberships are personal and non-transferable.
  6. Misuse of access (e.g., sharing accounts or unauthorized entry) may result in suspension or termination.

Article 4 – Payments and Fees

  1. Membership fees must be paid in advance, either monthly or for the full term.
  2. Accepted payment methods: cash or bank transfer. Direct debit is currently unavailable.
  3. Late payments result in access suspension until the outstanding balance is paid.
  4. Recurrent non-payment may result in termination of the membership agreement.

Article 5 – Facility Use

  1. Members may use facilities as outlined in their membership plan.
  2. eGym access requires a setup session with trained staff.
  3. All equipment must be used respectfully and according to instructions.
  4. Temporary unavailability due to maintenance or events does not entitle members to compensation.
  5. Group classes require advance booking. Cancellations must be made at least 2 hours prior.
  6. Guests are permitted only with prior approval and under the full responsibility of the inviting member.
  7. Elan Gym reserves the right to deny guest access at its discretion.

Article 6 – Health and Risk

  1. Members confirm that they are medically and mentally fit to participate.
  2. All physical activity is at the member’s own risk.
  3. Elan Gym is not liable for injuries or health issues unless resulting from gross negligence or willful misconduct.
  4. Members are advised to consult a healthcare professional if in doubt.

Article 7 – Code of Conduct

  1. Members must behave respectfully toward staff and fellow members.
  2. Proper athletic clothing and clean sports shoes are mandatory.
  3. A towel must be used during workouts, and equipment cleaned after use.
  4. Harassment, aggression, or unsafe behavior may result in immediate termination without refund.

Article 8 – Opening Hours and Closures

  1. Opening hours are published and subject to change.
  2. Temporary closures due to external circumstances (e.g., maintenance, power outages, extreme weather) do not entitle members to refunds.

Article 9 – Suspension and Cancellation

  1. Membership may be temporarily suspended for medical reasons or extended absence, with documentation.
  2. Elan Gym reserves the right to terminate any membership due to breach of terms, including misconduct or repeated non-payment.

Article 10 – Liability and Property

  1. Elan Gym is not liable for loss, theft, or damage to personal belongings.
  2. Lockers are provided for convenience but used at the member’s own risk.
  3. Damages to property caused by a member may be charged to that member.

Article 11 – Data Privacy

  1. Elan Gym processes personal data (e.g., contact details, photos, training data) in accordance with privacy legislation.
  2. Data is used solely for internal purposes and is not shared without explicit consent.
  3. General atmosphere images may be taken in the facility for promotional purposes. Individual close-up images will never be used without consent.

Article 12 – Non-transferability of Credits

  1. Any class bundles, prepaid sessions, or credit-based services are strictly personal and non-transferable.
  2. Unused credits may expire after the term stated in the membership plan.

Article 13 – Amendments and Legal Jurisdiction

  1. Elan Gym may amend these terms at any time. Changes will be communicated at least 30 days in advance.
  2. These terms are governed by the laws of Curaçao.
  3. Disputes shall be submitted to the competent court in Willemstad.