Membership Agreement

"Agreement" means this Membership Agreement, including all annexes, schedules, and policies incorporated by reference (Privacy Policy, House Rules, FoilCare Terms).

"Company" or "FoilHive" means FoilHive, a non-profit organisation established and registered under the laws of Belgium.

"Member" means any natural person who has completed the onboarding process and accepted this Agreement, thereby subscribing to the FoilHive service.

"Gear" means the premium foil equipment (including but not limited to front wings, tail wings, masts, fuselages, and related accessories such as covers and bags, but excluding boards) made available to Members through the subscription service.

"Subscription" means the single-plan, recurring membership entitling the Member to access Gear and related services under the terms of this Agreement.

"FoilCare" means the basic protection programme included in every Subscription, covering normal wear and tear as defined in Section 6.

"Credits" means the virtual units earned by Members through qualifying activities, redeemable for perks and benefits as described in Section 5.

"Billing Cycle" means the recurring monthly period during which the Subscription fee is charged.

"Onboarding" means the initial registration, identity verification, payment authorization, and agreement acceptance process required to activate a Membership.

"Code of Economic Law" (Wetboek van economisch recht / Code de droit économique) means the Belgian federal legislation governing economic and consumer law, as amended from time to time.

"GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data.

2.1 Non-Profit Mission

FoilHive is a non-profit organisation whose mission is to make foiling accessible and sustainable across Europe. All revenues are reinvested into the service, gear maintenance, and community development. The Company does not distribute profits.

2.2 Service Description

The Subscription grants the Member access to: premium foil gear for personal, recreational use; FoilCare basic protection (Section 6); the credit-based perks system (Section 5); gear swap opportunities, subject to availability and credit balance; and community resources and support.

2.3 Service Territory

Services are offered within the European operating regions specified on the FoilHive website. Gear availability may vary by location.

2.4 Single-Plan Model

FoilHive operates a single-tier subscription. All Members receive the same core benefits. Additional perks are earned through the credit system, not through tiered pricing.

2.5 No Transfer of Ownership

The Gear remains the exclusive property of FoilHive at all times. The Subscription grants a personal, non-transferable right of use, not a sale, lease-purchase, or transfer of title.

3.1 Eligibility

Membership is open to natural persons who are: at least 18 years of age; resident in a country within FoilHive's service territory; and capable of entering into a binding agreement under applicable law.

3.2 Onboarding Process

To become a Member, the applicant must: complete the online registration form with accurate personal information; provide a valid payment method and authorize recurring payments (Section 4); accept this Agreement via the click-wrap mechanism; and complete any identity or address verification steps requested by the Company.

3.3 Activation

The Membership becomes active upon successful completion of all onboarding steps and confirmation by the Company. The Company reserves the right to refuse any application without obligation to state reasons, in compliance with applicable non-discrimination laws.

3.4 Account Security

The Member is responsible for maintaining the confidentiality of their account credentials and for all activity conducted under their account.

4.1 Subscription Fee

The Member shall pay the monthly Subscription fee as displayed during onboarding and confirmed in the welcome communication. All prices are stated in euros (€). FoilHive is a Belgian non-profit operating under the small-business VAT franchise (art. 56bis BTW-Wetboek / art. 56bis CTVA); no VAT is charged on the Subscription fee under this regime. Should annual turnover exceed the statutory threshold, FoilHive will register for VAT and prices may be adjusted accordingly with the notice period set out in art. 4.5.

4.2 Payment Authorization

During onboarding, the Member authorizes FoilHive to charge the provided payment method on a recurring monthly basis. This authorization remains in effect until the Membership is terminated in accordance with Section 8.

4.3 Auto-Renewal

The Subscription renews automatically at the end of each Billing Cycle. The Member will continue to be charged the applicable Subscription fee unless the Membership is cancelled in accordance with Section 8.

4.4 Failed Payments

If a scheduled payment fails, the Company will notify the Member and attempt to process the payment again within a reasonable period. Continued failure to pay may result in suspension or termination of the Membership.

4.5 Price Changes

The Company may adjust the Subscription fee with at least 30 calendar days' prior written notice (via email or in-app notification). If the Member does not agree to the new fee, they may cancel their Membership before the new fee takes effect, without penalty.

4.6 No Refunds for Partial Periods

Unless otherwise required by mandatory Belgian consumer law (see Section 9), Subscription fees are non-refundable for partial Billing Cycles.

4.7 Transparency

In accordance with Article VI.45 et seq. of the Belgian Code of Economic Law, all pricing information, including the total monthly cost and any additional charges, is clearly communicated prior to the Member's acceptance of this Agreement.

5.1 Earning Credits

Members earn Credits by engaging in qualifying activities as defined and updated by the Company from time to time on the website.

5.2 Redeeming Credits

Credits may be redeemed for perks as listed and updated on the website.

5.3 No Monetary Value

Credits have no cash value, are non-transferable between Members, and cannot be exchanged for money. Credits expire when deactivating the account.

6.1 Included Coverage

Every Subscription includes FoilCare basic protection at no additional cost. FoilCare covers normal wear and tear resulting from ordinary, intended use of the Gear.

6.2 What Is Covered

Surface-level cosmetic wear consistent with normal use; gradual degradation of components through ordinary operation; minor repairs or replacements deemed necessary by the Company due to standard usage.

6.3 What Is NOT Covered

Damage caused by misuse, negligence, or recklessness; damage resulting from use contrary to the Gear's intended purpose or manufacturer guidelines; loss, theft, or unexplained disappearance of Gear; damage caused by third parties or unauthorized users; modifications, alterations, or unauthorized repairs by the Member.

6.4 Assessment

The Company shall assess all reported damage and determine, at its reasonable discretion, whether it falls within FoilCare coverage. The Member shall cooperate fully with any investigation.

6.5 Member Liability for Excluded Damage

Where damage falls outside FoilCare coverage, the Member shall be liable for the cost of repair or replacement, as reasonably determined by the Company.

Rights

The Member has the right to: use the assigned Gear for personal, recreational foiling purposes; earn and redeem Credits in accordance with Section 5; benefit from FoilCare protection as described in Section 6; request gear swaps subject to availability and credit balance; cancel the Membership in accordance with Section 8; exercise the right of withdrawal as described in Section 9; and access, rectify, and request deletion of personal data under Section 11.

Obligations

The Member undertakes to: use the Gear responsibly, safely, and in accordance with all applicable laws, regulations, and the Company's House Rules; not sublend, sublease, share, or otherwise make the Gear available to any third party; store and transport the Gear with reasonable care; return the Gear in the condition received (subject to normal wear and tear) upon request, upon termination, or upon gear swap; pay all Subscription fees on time; notify the Company promptly of any change in contact details, payment information, or personal circumstances affecting the Membership; report damage, loss, or theft within the timeframe specified in Section 6.4; and comply with all applicable local regulations regarding water sports and foiling activities.

Consequences of Breach

Failure to comply with Member obligations may result in: suspension of the Membership; liability for repair or replacement costs; termination of the Membership in accordance with Section 8; and legal action for recovery of damages.

8.1 Cancellation by the Member

The Member may cancel their Subscription at any time by providing notice through the designated cancellation channel (online account portal). Cancellation takes effect when all equipment has been received by FoilHive.

8.2 Early Termination Fees

If the Member cancels before the end of any minimum commitment period agreed during onboarding, an early termination fee may apply. The amount of this fee is disclosed during onboarding and shall not exceed the remaining Subscription fees for the minimum commitment period, in compliance with Belgian consumer protection law.

8.3 Cancellation by the Company

The Company may terminate the Membership: for material breach of this Agreement by the Member, after providing written notice and a reasonable cure period of at least 14 calendar days; immediately, in cases of fraud, illegal activity, or conduct endangering the safety of persons or property; upon dissolution or cessation of the Company's activities, with at least 60 calendar days' notice and a pro-rata refund of prepaid fees.

8.4 Effects of Termination

Upon termination: the Member must return all Gear in their possession within 14 calendar days; outstanding fees remain due and payable; unused Credits expire and are forfeited; the Member's access to the service is deactivated; provisions that by their nature should survive termination (including Sections 6, 10, 11, 13, and 14) shall continue in full force and effect.

8.5 Confirmation

The Company shall confirm all cancellations and provide further instructions to ship the equipment back.

9.1 Statutory Right

In accordance with Articles VI.47 et seq. of the Belgian Code of Economic Law, transposing Directive 2011/83/EU on consumer rights, the Member who qualifies as a consumer has the right to withdraw from this Agreement within 14 calendar days of the date of conclusion of the contract, without giving any reason and without incurring any costs other than those provided for in Article VI.50 §2 and Article VI.51 of the Code of Economic Law.

9.2 Exercise of Withdrawal

To exercise the right of withdrawal, the Member must inform the Company of their decision by means of an unambiguous statement via the online platform.

9.3 Effects of Withdrawal

If the Member withdraws: the Member shall return all Gear without undue delay and in any event within 14 calendar days of communicating the withdrawal; the Company shall reimburse all payments received from the Member, except for the shipping costs, without undue delay and in any event within 14 calendar days of receiving the returned gear.

10.1 General Limitation

To the fullest extent permitted by Belgian law, the Company's total aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total Subscription fees paid by the Member in the 12 months preceding the event giving rise to the claim.

10.2 Exclusion of Indirect Damages

The Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profit, loss of data, loss of opportunity, or reputational harm.

10.3 Mandatory Liability

Nothing in this Agreement excludes or limits the Company's liability for: death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; any other liability that cannot be excluded or limited under mandatory Belgian or EU law.

10.4 Member's Assumption of Risk

Foiling is an inherently physical water sport. The Member acknowledges and accepts the risks associated with foiling activities and agrees to use the Gear at their own risk, subject to the Company's obligations under this Agreement and applicable law.

10.5 Insurance

The Member is strongly encouraged to maintain appropriate personal liability and accident insurance covering water sports activities. The Company does not provide personal insurance for Members.

11.1 Data Controller

FoilHive acts as the data controller for personal data collected and processed in connection with the Membership. The Company's full data protection details are set out in the Privacy Policy, which forms an integral part of this Agreement.

11.2 Legal Basis for Processing

The Company processes personal data on the following legal bases under Article 6 GDPR: Performance of a contract (Article 6(1)(b)); Legal obligation (Article 6(1)(c)); Legitimate interest (Article 6(1)(f)); and Consent (Article 6(1)(a)) for marketing communications.

11.3 Data Collected

The Company may collect and process: identity and contact information; payment and billing information; gear usage and return data; credit activity and transaction history; communications with the Company; and technical data (IP address, device information, cookies).

11.4 Opt-In / Opt-Out

The Member may withdraw consent regarding marketing communications and usage analytics at any time. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal.

11.5 Member Rights Under GDPR

The Member has the right to: access their personal data; rectify inaccurate data; erase data ("right to be forgotten"); restrict processing; data portability; object to processing; and lodge a complaint with the Belgian Data Protection Authority.

11.6 Data Retention

Personal data is retained for the duration of the Membership and for a period thereafter as required by applicable law (typically up to 10 years for financial records under Belgian accounting law).

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: natural disasters, pandemics, war, terrorism, government actions, supply chain disruptions, cyberattacks, or prolonged utility failures.

The affected party shall notify the other party promptly and take all reasonable steps to mitigate the impact of the Force Majeure Event.

If a Force Majeure Event continues for more than 90 consecutive days, either party may terminate this Agreement by written notice, without liability, and the Company shall provide a pro-rata refund of any prepaid Subscription fees for the affected period.

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from this Agreement.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

14.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Belgium, without regard to its conflict of laws principles.

14.2 Amicable Resolution

The parties shall first attempt to resolve any dispute arising out of or in connection with this Agreement through good-faith negotiation.

14.3 Online Dispute Resolution

In accordance with Regulation (EU) No 524/2013, the Member may submit a complaint via the European Commission's Online Dispute Resolution (ODR) platform.

14.4 Consumer Mediation

If the dispute cannot be resolved amicably, the Member may refer the matter to the Consumer Mediation Service (Service de Médiation pour le Consommateur / Consumentenombudsdienst), Boulevard du Roi Albert II 8 Bte 1, 1000 Brussels, Belgium.

14.5 Competent Courts

If the dispute is not resolved through the above mechanisms, it shall be submitted to the exclusive jurisdiction of the courts of the judicial district of the Company's registered seat in Belgium, without prejudice to the Member's right, as a consumer, to bring proceedings in the courts of their place of domicile.

The Company reserves the right to amend this Agreement at any time. Material changes shall be communicated to the Member at least 30 calendar days in advance via email or in-app notification.

If the Member does not agree to the amended terms, they may cancel their Membership before the changes take effect, without penalty.

Continued use of the service after the effective date of the amendments constitutes acceptance of the revised Agreement.

The current version of this Agreement is always available on the FoilHive website. Previous versions are available upon request.

16.1 Entire Agreement

This Agreement, together with the Privacy Policy, House Rules, and FoilCare Terms, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

16.2 No Waiver

Failure by either party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

16.3 Assignment

The Member may not assign or transfer their Membership or any rights under this Agreement without the prior written consent of the Company. The Company may assign its rights and obligations in connection with a merger, reorganisation, or transfer of its activities, provided the Member's rights are not diminished.

16.4 Language

This Agreement is drafted in English. In the event of a conflict between translated versions and the English version, the English version shall prevail, unless mandatory Belgian law requires otherwise.

16.5 Notices

All notices under this Agreement shall be in writing and sent to the email address associated with the Member's account (for notices to the Member) or to the Company's official contact email (for notices to the Company).

16.6 Interpretation

Headings are for convenience only and do not affect interpretation. References to legislation include amendments and successor provisions.