General Terms and Conditions of Sale of Winner’s Club

These general terms and conditions govern the contractual relationship between SEMALU SRL – Winner’s Club (BCE: 0425.229.390), hereinafter referred to as « Winner’s Club, » and its clients, hereinafter collectively referred to as the « Clients » and individually as the « Client. »

1. Scope and Enforceability

These terms and conditions apply to all memberships, subscriptions, classes, and services offered by Winner’s Club. By registering or using our services, the Client accepts these terms without reservation. They are available at all times on the Winner’s Club website (https://winners-club.be).

2. Membership

Any Client wishing to subscribe must pay a membership fee (currently free as of 01/09/2024), valid for the entire duration of the subscription and non-refundable. In the event of subscription termination, any re-registration is subject to new membership fees.

3. Subscriptions

Winner’s Club offers several types of subscriptions (monthly, annual, All-In). These subscriptions are strictly personal, non-transferable, and subject to the following conditions:

a. Monthly and Annual Subscriptions

Subscriptions can be purchased online or on-site. Monthly subscriptions renew automatically until terminated by the Client, with a one-month notice period. Annual subscriptions are payable in full and non-refundable in case of early termination.

b. All-In Subscription

The All-In subscription provides access to all sports facilities (fitness, group classes, yoga) except squash courts, which require a separate reservation and payment.

c. Rates and Activation

The different types of subscriptions and their rates are available on the Winner’s Club website (https://winners-club.be/rates). The subscription is activated upon registration.

d. Modification and Termination

Winner’s Club reserves the right to suspend or terminate the subscription in case of fraud or non-compliance with the internal regulations.

4. Withdrawal

Subscription purchases are final and non-refundable. However, if the subscription was purchased online, the Client has a 14-day right of withdrawal, unless the service was used during this period.

5. Monthly Subscription Payments

To subscribe to a monthly plan, the Client agrees to an automatic monthly debit (SDD) from their bank account. Upon activation, a prorated fee for the remaining days of the current month must be paid immediately.

Payments are then made each month during the first week. If a payment fails, Winner’s Club will attempt to recover the payment. In case of repeated failure, Winner’s Club may, at its discretion, initiate a recovery process via credit card or other means, after issuing a reminder.

Winner’s Club reserves the right to charge a €20.00 fee for each failed debit (e.g., SEPA rejection due to insufficient funds). If the Client does not respond within 14 days following the reminder, a formal notice will be sent. Failure to respond within 14 days will entitle Winner’s Club to terminate the contract by operation of law.

This termination does not preclude Winner’s Club’s right to recover amounts due, through amicable or legal means. If payment is not made within the specified time, all amounts due become immediately payable and will incur a monthly interest of 2%, with a €10 reminder fee. In case of late payment, Winner’s Club reserves the right to deny access to facilities without ending the membership.

6. Subscription Suspension

A subscription suspension is only possible for medical reasons, upon presentation of a certificate, for a minimum period of one month. During this period, the Client’s access to facilities is temporarily deactivated.

7. Subscription Termination

   a. Annual Subscription

   Annual subscriptions cannot be terminated before their term. Exceptionally, early termination may be considered in case of relocation or medical reasons, with supporting documentation.

   b. Monthly Subscription

   The Client may terminate their monthly subscription with a one (1) month notice period, starting from the receipt of the request by Winner’s Club via email at info@winners-club.be.

12-Month Commitment To benefit from the preferential rate, the Client commits to a period of 12, 6, or 3 months from the date of registration. This commitment ensures a reduced and competitive rate for the entire duration of the subscription.

Termination Conditions If the Client wishes to terminate their subscription early, they must give a one-month notice. This notice allows for proper processing of the request and the smooth termination of the subscription.

If the subscription is terminated before the end of the commitment period, the Client must pay the full amount due for the remaining subscription period. Any termination before the end of the commitment entails payment for the remaining months at the student rate.

c. Termination by Winner’s Club

Winner’s Club reserves the right to terminate the subscription of any Client whose behavior disrupts the experience of other members or who violates these terms and conditions or the internal regulations.

d. Student Subscription: Special Offer for Students

Winner’s Club offers a special subscription for students, allowing access to all sports facilities and group classes at a reduced rate.

12-Month Commitment To benefit from the preferential rate reserved for students, the Client commits to a 12-month period from the date of registration. This one-year commitment ensures a reduced and competitive rate throughout the subscription period, providing students with the opportunity to train in a professional, dynamic, and friendly environment.

Termination Conditions If the Client wishes to terminate the subscription early, they must give a one-month notice. This notice allows for proper processing of the request and smooth subscription termination.

If the subscription is terminated before the end of the 12-month commitment period, the Client must pay the full amount due for the remaining subscription period. Any termination before the end of the commitment entails payment for the remaining months at the student rate.

Procedures for Non-Compliance with Termination Conditions

If the Client fails to meet these payment or notice obligations, Winner’s Club reserves the right to initiate a collection process. After a payment reminder and an unaddressed response period, a lawyer will be appointed to initiate legal action to recover the amounts due. These actions may result in additional costs borne by the Client if legal proceedings are pursued.

8. Subscription Changes During the Year

Clients wishing to switch from a monthly subscription to an annual subscription should contact Winner’s Club management by email (admin@winners-club.be). A one-month notice will begin on the first day of the month following the request. Changes to a higher or lower subscription level are also possible with one month’s notice.

9. Internal Policy and Class Participation

Reservations and participation in group classes are only available to members with a valid subscription. To review the internal policy and class reservation rules, click here: [link to internal regulations].

10. Children’s Classes and Camps

a. Camps and Fees

Children’s camps require a specific fee and are offered during school vacation periods. Enrollments for children’s camps and classes for the year are final and non-refundable.

b. Reservations and Access

Reservations for group classes and climbing sessions can be made online. As spots are limited, advance booking is recommended.

11. No-Show and Class Cancellations

Any absence from a reserved class must be canceled at least two hours before the start time to free up the spot for other members.

12. Changes to General Terms and Conditions and Rates

Winner’s Club reserves the right to modify these terms and conditions as well as subscription rates. Clients will be notified of changes with one month’s notice. In case of disagreement, the Client may terminate their subscription with three months’ notice.

13. Use of Facilities and Guests

Winner’s Club allows members to invite a friend for a free trial session. Guests must comply with the internal regulations. Certain facilities may be temporarily unavailable due to maintenance work. Winner’s Club accepts no responsibility for unavailability.

14. Minimum Age and Access

The Client must be 18 years or older to register and use the facilities independently. Minors may be authorized only within the framework of classes or camps supervised by Club staff.

15. Responsibility and Safety

Winner’s Club is not responsible for personal belongings left in its facilities. The Client is responsible for their own safety and certifies they have the physical condition suitable for chosen activities.

16. Suspension in Case of Force Majeure

In case of force majeure temporarily preventing access to facilities, alternatives such as online classes may be provided. This suspension will have no impact on the subscription terms.

17. Personal Data

Winner’s Club is committed to protecting its Clients’ personal data in accordance with GDPR. Questions and requests regarding personal data can be sent via email (admin@winners-club.be). The Client agrees to the use of photos taken within the Club. The Client may request to be obscured in any photo published on any communication medium.

18. Intellectual Property

The intellectual property rights on Winner’s Club’s content, logos, name, and services belong exclusively to SEMALU SRL. No reproduction or use is permitted without prior consent.

19. Invoicing

Clients wishing to receive a quarterly invoice for their business must make the request by email (admin@winners-club.be) and provide their company information.

20. Internal Regulations

The internal regulations are posted at the entrance of Winner’s Club. All Clients must respect it to maintain a pleasant environment for all.

21. Applicable Law and Jurisdiction

These general terms and conditions are subject to Belgian law. In case of a dispute, the parties agree to seek an amicable solution before initiating legal proceedings. If necessary, the courts of Brussels will have jurisdiction.