BJJNinja`s terms and conditions
27/05/2018 LAST UPDATE
BJJNinja`s is part of F1T. F1T is registered with the chamber of commerce in Groningen under number: 60645768 All the same conditions and terms apply on all of the services that BJJNinja`s organizes. The specialties of BJJNinja`s are Trainingcamps, Trainingweekends, Seminars and selling Clothing through our partner BJJFightgear.
In the rest of all the articles below, when BJJNinja`s is used the F1T terms and conditions apply, being it a brand and identity of the company F1T. The articles below are a translation from dutch to english, but are exactly the same as the F1T terms and conditions, which can be read here.
ARTICLE 1. DEFINITIONS
The organization: BjjNinja`s
Participants / Client: Natural person (m/f) entering into this agreement with F1T
Activities: Trainingcamps, Trainingweekends, Seminars and selling Clothing through our partner BJJFightgear.com
Agreement: The agreement, based on these general terms and conditions in which the participants / clients and BjjNinja`s agree in writing that BjjNinja`s organises the activities agreed between BJJNinja`s and the participants / clients.
ARTICLE 2 GENERAL
The general conditions apply to all offers, quotations, activities, assignments and agreements between BjjNinja`s and its client (s), respectively their legal successor (s). Publication of these terms and conditions shall be effected by mentioning BjjNinja`s in advance by e-mail. The Client will at all times be given the opportunity to view the conditions, or by e-mail, on the Internet or in writing. The possible voidability or nullity of a provision of the agreement and / or this text is without prejudice to the validity of the remaining part of the agreement / conditions. Instead of the annulled or void part, then it is considered as agreed that which comes closest in legally permissible manner to the parties have agreed, if they would have known the nullity or voidability. BjjNinja`s is part of F1T. F1T registered at the Chamber of Commerce in Groningen under number 60645768
ARTICLE 3. APPLICABILITY
These conditions apply if the participant / client has registered with BjjNinja`s to participate in its activities. Should a possible new service be added in the future, these conditions will also apply to the new services. Every use of the services of BjjNinja`s is at your own risk. Each participant / client himself must, prior to the use of any facility, participate in any activity, ascertain whether use or participation for that person is medically justified. In addition, each participant / client must be insured against accidents.
BjjNinja`s has itself taken out a common liability insurance and is never liable (as already mentioned in the above paragraph) for the occurrence of injuries / other complications that may occur during or after a training session. participant / client is aware that due to the physical activity these injuries / complications can occur without there being question of unlawful action or negligence of BjjNinja`s. Also, BjjNinja`s is never liable for direct and / or indirect damage of participant (s) / client (s) / third parties (including: consequential damage, loss of income, loss of data and all possible forms of damage for which BjjNinja`s can not be held responsible) . BjjNinja`s has a best effort obligation on all services it provides. There is therefore no question of a result obligation and the client can not hold BjjNinja`s responsible for not achieving the desired results.
ARTICLE 4. TIME AND PLACE
At the confirmation of the registration, BjjNinja`s will announce when and where the participants / clients are expected. This is discussed beforehand with the participants / clients. If due to whatever circumstances an event can not pass, BjjNinja`s is authorized to reschedule or cancel the activities in consultation with the participants / clients. This must be known at least 14 days in advance, this applies to both BjjNinja`s and the participants / clients.
ARTICLE 5. PERFORMANCE OF THE ASSIGNMENT
At BjjNinja`s there is an effort exertion when it comes to our servicesto provide the best possible guidance of the participants / clients during the activities, in view of the purpose of the activity. As already mentioned in article 3 applicability. The content and number of participants of the activity is determined by BjjNinja`s. BjjNinja`s performs the work within the scope of the assignment to the best of its knowledge, expertise and ability. However, this is a best effort obligation; that is, BjjNinja`s does not guarantee the success and success of this service nor the extent to which this service contributes to the goal set by the participant.
As far as it is necessary for the proper execution of the assignment, BjjNinja`s has the right to have third parties (parts of the work) perform work with regard to its services. BjjNinja`s always does this in consultation with the clients / participant (s) and will do its utmost to achieve the agreed obligations and quality. Participant / Client is obliged to report injuries, pain, discomfort or extreme fatigue during, before or after the training. This also applies to changes in his / her physical condition as long as the event is in effect. In case of doubt, the client is obliged to consult a recognized physician/doctor/specialist before entering into a contract.
ARTICLE 6. LIABILITY
For every event accepted by BjjNinja`s, there is a best effort obligation. BjjNinja`s can never be held liable for results that have not been achieved. Participation in our activities is entirely at your own risk. BjjNinja`s is not liable for any injury or other damage that the participant / client may incur during or as a result of an activity or training at and by BjjNinja`s. Training advice is always without obligation and is followed up at your own risk. Also, BjjNinja`s is not liable for damage to and / or loss of personal property by whatever cause, arising during or in connection with the activities organized by BjjNinja`s.
BjjNinja`s is not liable if the participant / client suffers damage in any other way and this damage is due to non-compliance with instructions given orally or in writing by the teacher / trainer, or to the physical or mental condition of the participant. The participant hereby declares that he or she will receive the present sports education exclusively at his own risk. The costs of any accident or injury will be borne entirely by him or her. The participant hereby declares that he / she now waives all rights to repair a claim against BjjNinja`s as compensation for costs, damages and interest as a result of any accident or injury resulting from the performance of services offered by BjjNinja`s.
The participant / client is liable towards BjjNinja`s if BjjNinja`s in any way suffers damage and this damage is due to non-compliance with oral or written instructions given by BjjNinja`s to the participant. The participant / client must indemnify BjjNinja`s against any damage that he or she causes to other participants.
ARTICLE 7. DURATION OF THE AGREEMENT, DISSOLUTION
BjjNinja`s has the right to terminate the agreement immediately in whole or in part without any obligation to pay damages if the participant / client does not, or only partially meets its obligations under the agreement. An interim termination of the agreement by the participant / client is only possible on medical grounds with as evidence a medical certificate by a recognized doctor. Or if there are long-term illnesses or limitations that make it impossible to successfully complete the training sessions in a reasonable way.
A copy of registration in the new municipality must be submitted to BjjNinja`s. Under no circumstances can you claim a refund of the purchased item. The termination of the agreement can never be retroactive. The expiry date of the agreement is extended and the financial obligation is suspended with the duration of the temporary termination with a maximum 6 months.
ARTICLE 8. RATES
BjjNinja`s uses different rates for their services. This rate is stated cleary on each event . In the tariff of BjjNinja`s all amounts including VAT are mentioned and all costs are included, with the exception of extra products / services to be purchased by the participant / client. BjjNinja`s may increase the rate per 1 January of each calendar year by a maximum of the percentage of inflation in the previous year provided by Statistics Netherlands.
In the event of a price increase outside of inflation, BjjNinja`s may also increase the prices. The Client may terminate the agreement at any time in accordance with the notice period or if the annual increase is more than 10%. He can not do this if the increase results from the law. BjjNinja`s will inform participant / client of its plans for increasing the rate on time. If participant / client does not agree with the increase, he can cancel the assignment two weeks after notification.
ARTICLE 9. PAYMENT TERMS
Upon confirmation of the registration, BjjNinja`s will indicate when and how the amount must be paid. If the participant / client fails to pay on time, BjjNinja`s is entitled to refuse the participant / client access to the activity until the payment is received. In that case, the duration of the activity will not be extended by the duration of the suspension. The payment obligation remains in this situation. In addition, all payments due for the remaining term of the agreement are due and payable to BjjNinja`s within 14 days after due date. Payment is made according to the stated payment term of 7 days which is stated on the invoice unless otherwise agreed.
The invoice amount must be transferred to account number: NL54 INGB0006559643 in the name of FIT o.v.v. the invoice number.
If BjjNinja`s has to proceed with the collection of its claim against you, you will also owe all extrajudicial collection costs and the statutory interest. Not used but already paid sessions of course continue. When a direct debit is reversed, F1T may charge an administration fee of EUR 3.50 in order to still pay the collection amount. The VAT 21% rate and the VAT 6% rate apply to BjjNinja`s services. The amounts mentioned include VAT. If the costs increase due to unexpected circumstances, BjjNinja`s is entitled to raise the prices. BjjNinja`s will indicate this well in advance, so that the participant / client in this case has the right to dissolve the agreement.
ARTICLE 10. SICKNESS MESSAGE / HEALTH ISSUES
If the participant / client can not participate in an activity due to illness, it is expected that the participant / client will inform BjjNinja`s as soon as possible. All agreements must be canceled 24 hours in advance, otherwise the costs of the services provided by BjjNinja`s for the activity concerned will be passed on to the participant / client. When interrupting due to illness there is a deductible of two weeks, the agreement can then be shut down for a maximum of 1 year and only on the basis of a medical certificate by a recognized doctor.
ARTICLE 11. FORCE MAJEURE, HOLIDAYS AND GENERAL RECOGNIZED HOLIDAYS
Force majeure in relation to the agreement is understood to mean everything that is understood in the law and jurisprudence. BjjNinja`s is not bound by its obligations under the agreement if performance has become impossible due to force majeure. The agreement will then be dissolved. In case of illness of M.G.Welbergen or a colleague or partner party, or in case of insufficient interest in an activity, service, workshops or courses BjjNinja`s reserves the right to cancel the relevant activity (s).
An alternative is sought in consultation. In case of dangerous weather conditions, including thunderstorms, storms, extreme heat, snow or ice, a training can be canceled. Activities will not take place on generally recognized public holidays. See also vacations BjjNinja`s under the heading FAQ. If the situation of force majeure lasts longer than two months, all parties may dissolve without obligation to pay compensation to the other party. If BjjNinja`s has partially fulfilled its obligations at the time of force majeure or will it be able to comply with it, then it may declare this part.
ARTICLE 12. HEALTH
The participant / client declares that he / she is healthy to the best of his knowledge and is physically able to follow the instructions regarding the offered services and activities of BjjNinja`s without damage to his health. In case of doubt, the participant / client undertakes to consult his doctor before entering into the agreement with BjjNinja`s.