General Terms and Conditions – Elan Gym & Wellness
(part of Cornelisbay Resort & Plaza)
Article 1 – Definitions
a. Elan Gym & Wellness: the fitness and wellness club located
at Dr. Martin Luther King Boulevard 131, Willemstad, Curaçao, and part of Cornelisbay Resort & Plaza, registered with the Chamber of Commerce under number 102310.
b. Member: any natural person who has entered into a membership agreement with Elan Gym & Wellness.
c. Membership: the agreement between the Member and Elan Gym & Wellness granting access to (part of) the facilities in exchange for payment.
d. eGym: a series of automated strength machines operating with
personalized settings and digital training data.
e. Fitness Equipment: regular strength and cardio equipment.
f. Wallet Card: a digital access card linked to the Member’s personal account.
g. Group Classes: guided activities such as spinning, yoga, or circuit training.
Article 2 – Applicability
These General Terms and Conditions apply to every Membership and to the use of Elan Gym & Wellness’s facilities. By registering, the Member agrees to these terms.
Article 3 – Membership, Intake, and Access
1. Elan Gym & Wellness offers various types of Memberships, including:
a. Elan Essential: a 3-month minimum commitment
b. Monthly Group Class Membership
2. Upon registration, the Member completes an intake form truthfully and in full.
3. Elan Gym & Wellness may require an intake session before granting access to certain services (e.g., eGym).
4. A Wallet Card will be issued for access; personal identification (e.g., photo) may be linked to the account.
5. Memberships are strictly personal and non-transferable. Misuse may result in access being denied or Membership terminated.
Article 4 – Payment and Duration
1. Membership fees must be paid in advance, monthly. Prepayment of the full term is allowed.
2. Payments can be made via cash or bank transfer. Direct debit is not currently available.
3. The Elan Essential Membership is subject to a minimum 3-month commitment, billed monthly.
4. After the initial term, the Elan Essential Membership automatically renews in 3-month periods, unless
cancelled with 1 month notice.
5. Group Class Memberships are billed monthly and renew automatically each month, with a 1-month
cancellation notice.
6. If payment is not received by the due date, access may be suspended until full payment is made.
7. Repeated non-payment may result in permanent cancellation of Membership.
Article 5 – Use of Facilities
1. Members may access equipment and services based on their Membership type.
2. eGym access is only permitted after setup and instruction.
3. All equipment must be used responsibly and according to staff instructions.
4. Temporary unavailability of certain facilities does not entitle Members to compensation.
5. Group Classes must be reserved in advance. Cancellations must be made at least 2 hours in advance.
Article 6 – Health and Risk
1. The Member confirms that they are physically and mentally fit to exercise.
2. All activities are performed at the Member’s own risk.
3. Elan Gym & Wellness is not liable for injuries or medical issues, unless caused by gross negligence
or intent.
4. Members are advised to consult a medical professional if unsure about their fitness to train.
Article 7 – Conduct and Hygiene
1. Respectful behavior toward staff and other members is required.
2. Appropriate sports clothing and clean indoor shoes are mandatory.
3. Use of a towel during workouts is required.
4. Equipment must be cleaned after use.
5. Misconduct, harassment, or aggression may lead to immediate termination without refund.
Article 8 – Opening Hours and Closures
1. Elan Gym & Wellness operates according to a published schedule.
2. Elan Gym & Wellness may adjust opening hours or cancel classes when necessary.
3. Temporary closure due to maintenance or force majeure does not entitle Members to refunds.
Article 9 – Suspension and Termination
1. Temporary suspension is only possible for medical reasons or long-term travel, upon written request
with supporting documentation.
2. Elan Gym & Wellness reserves the right to terminate Membership in cases of:
a. Misconduct
b. Fraud or identity misuse
c. Repeated non-payment
Article 10 – Liability and Property
1. Elan Gym & Wellness is not responsible for loss, damage, or theft of personal belongings.
2. Lockers are used at the Member’s own risk.
3. Any damage caused by a Member may be charged to that Member.
Article 11 – Personal Data and Medical Information
1. Elan Gym & Wellness processes personal data in accordance with applicable privacy legislation.
2. Data includes contact details, photos, training data, and health-related information voluntarily
provided by the Member.
3. This data is used for training, safety, and identification, and will not be shared without explicit
consent, unless required by law.
4. By joining, the Member consents to this data processing, including storage of measurements from eGym
and InBody systems.
Article 12 – Changes and Governing Law
1. Elan Gym & Wellness may revise these Terms and Conditions with 30 days’ notice.
2. These Terms are governed by the laws of Curaçao.
3. Any disputes will be resolved by the competent court in Willemstad.