Terms and Conditions
Welcome to the Body Sculpt website at https://BODY-SCULPT.IN (“Site”) is owned by Body Sculpt Personal Training Fitness Studio Ltd. Herein after referred to as “Body Sculpt”. This Site is operated by Body Sculpt and materials on the Site are primarily owned by Body Sculpt. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Body Sculpt. Body Sculpt has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this site and contents hereof or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use and Privacy Policy which constitute an Agreement between you and Body Sculpt. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at [email protected]
The Terms and Conditions mentioned herein are to be read in tandem and in conjunction with the Privacy Policy of Body Sculpt website. Body Sculpt reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes. If you become aware of misuse of this Site by any person, please contact the Site Administrator at [email protected] with your concerns.
ACCESS AND USE
All materials contained in this Site and contents hereof are protected by trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Body Sculpt or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Body Sculpt in writing to BODY SCULPT - The Personal Training Studio at 1st floor, Bhagirathi Bhavan, Thakur Complex, Kandivali East, Mumbai-400101, Maharashtra, INDIA, email at [email protected]
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You agree that any Message whatsoever submitted by you onto the site becomes the property of Body Sculpt and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Body Sculpt sees fit.
UNSOLICITED SUBMISSIONS
If unsolicited submissions are sent to Body Sculpt via this Site, these submissions become the property of Body Sculpt and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Body Sculpt sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Body Sculpt, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
EMPLOYMENT OPPORTUNITIES
Body Sculpt may, from time to time, post Body Sculpt employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Body Sculpt in response to employment listings, you are authorizing Body Sculpt to utilize this information for all lawful and legitimate hiring and employment purposes. Body Sculpt also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by Body Sculpt to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that Body Sculpt will review any or all of the information submitted to it by users.
LINKED SITES AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must contact and take written approval from BODY SCULPT - The Personal Training Studio at 1st floor, Bhagirathi Bhavan, Thakur Complex, Kandivali East, Mumbai-400101, Maharashtra, INDIA including its respective employees, agents, directors, officers and shareholders.
If Body Sculpt has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that Body Sculpt is connected with, operates or controls these web sites. Body Sculpt is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with Body Sculpt. When visiting other web sites, however, you should refer to each such web site's individual “Terms of Use” and not rely on this Agreement.
Body Sculpt takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
TERMINATION
Body Sculpt reserves the right to immediately terminate your use of, or access to, this Site at any time if Body Sculpt decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Body Sculpt considers to be inappropriate or unacceptable. In such event Body Sculpt reserves the right to take appropriate legal action against you.
DISCLAIMER OF LIABILITY AND WARRANTIES
While Body Sculpt does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Body Sculpt DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that Body Sculpt, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that Body Sculpt is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that Body Sculpt is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive, civil or criminal damages or actions, in connection with or arising from your use or from your inability to use the Site.
NO WARRANTY
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INDEMNITY
You agree to defend, indemnify and hold harmless Body Sculpt, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
LEGAL COMPLIANCE
You shall comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of memberships.
AGREEMENT
Membership Freeze
Membership Freezing facility can only be availed if the studio is unable to function due to any unexpected circumstances.
Missed session(s) by clients will not be adjusted in any case.
Membership Transfer
Transfer fees will be applicable if the client wishes to Transfer his/her membership to a non-member.
Body Sculpt reserves right to deny Transfer or Extend the Membership.
Package Tenure
Package Tenure is based on the plan taken (quarterly, yearly etc.).
No extensions and/or adjustments can be made after the membership is activated.
Refund Policy
Fees once paid will not be refunded by the studio in any event whatsoever.
The studio reserves the right to expel students in the event that the conduct of the student is detrimental to the interest of the studio and the other students. The decision of the studio in this regard shall be final and binding on the concerned student. In event of expulsion, the student will not be entitled to claim refund of any amount paid by him to the studio and all amounts shall stand forfeited to the studio.
Gym Membership Payments made availing any Offer will not be refunded or Transferred under any circumstances.
Shipping and Cancellation Policy
The studio shall have unqualified rights to make rules, regulation and cancel/restrict access as it may deem necessary for the smooth running of Operations & Training.
Waiver & Release of Liability
This agreement contains a waiver and release of liability and indemnity agreement. Do not agree to this agreement before you read it. By agreeing (ticking the I agree check box) below, you acknowledge receipt of a fully completed copy of this agreement executed by you and the studio and a copy of the rules and regulations. You agree to be bound by the terms and conditions contained herein.
I agree to the above terms and conditions and accept the same voluntarily.
RULES AND REGULATIONS
GENERAL POLICIES AND PROCEDURES
The Club shall have the unqualified right to make such rules, regulations, and restrictions in the use of the Club property as it may deem necessary.
All signs posted in the Club shall be considered as part of the rules and regulations.
No member of the Club shall advertise or permit his membership to be advertised for sale. Memberships are non-assignable and non-voting.
Membership cards are issued to members only and are not to be used by friends or relatives. Infraction of this rule will result in immediate expulsion from the Club. The membership card is Club property, the possession of which may be determined at the Club's discretion.
Charges and fees for services and facilities are subject to change as deemed necessary by the Club. The Club reserves the right to withdraw any complementary services offered to club members without given prior notice at its discretion.
In the event it is deemed advantageous to the Club to expand the facilities thereof, the Club may temporarily close for construction and will make reasonable efforts to substitute another facility for its members until such construction is completed.
The Club shall not be responsible or liable for any loss or damage to any property of members or their guests, including their automobiles and contents.
Any member who is loud, offensive, and bothersome to other members or behaves otherwise in an unbecoming manner or who is cited for infraction of rules and regulations may be suspended or expelled from the Club. In the event of termination, the unused portion of any advanced payment shall be forfeited to the Club.
Hours and days of operations are posted at the Club and are subject to changes as Club utilization dictates. The Club will remain closed on public holidays & once a month for maintenance.
There will be NO SMOKING permitted on the Club premises.
All members and guests must sign in at the reception desk upon entering the Club. Members must display membership cards every time they enter the Club. Members are requested to show photo I.D. with their copy of the membership agreement & temporary membership card until they receive the membership cards.
Members will not be allowed entry to the Club without a valid membership card. 3 photographs have to be submitted for the formalities & card within 3 working days from the date of sign-up. The membership will not be activated without issuance of the membership card & can be terminated if photographs not received within stipulated time.
Club services may only be used by Body Sculpt members in good standing. A member whose basic gym membership has expired must renew in order to take advantage of his privileges.
The Club is not responsible for Lost and Found items. Items found are immediately placed in public lost-and-found location.
Any notice required or permitted to be given to you shall be considered duly given when personally delivered to you or mailed to your address as it appears on your membership agreement or as subsequently changed by written notice to the Club. No solicitation allowed in club or parking lot.
The club holds a right to reserve “RIGHTS OF ADMISSION” & reserves the right to “TERMINATE A MEMBERSHIP” as and when the management deems necessary.
We are committed to providing a safe environment and strict action in accordance with law will be taken against anyone found guilty under sexual harassment behavior. For any complaint under sexual harassment behavior in the gym, you can reach out to us on the contact details specified on the poster at the concerned outlet.
The club will keep the premises shut temporarily if there is a need arising out of an emergency situation taken place in the premises or in the neighborhood as it deems necessary.
Any damages to Body Sculpt facilities or property or the property of any members caused by another member or his/her guest, is the sole responsibility of the offending member. All costs of damages and repairs will have to be borne by the offending member. In case the member does not compensate the Club for the same within 15 days from the date of written notice the membership will be terminated and fees paid for membership or other services or facilities will be forfeited.
Additional amount over the amount forfeited will have to be borne by the member.
The Club will provide one towel for use for shower per workout day complimentary. Additional towels if required will be available at a cost as posted in the gym.
Photographic, video or related equipment are not allowed on the premises. Photography is strictly forbidden. Music played in the gym will be maintained at a standard decibel. Selection of music will be at the discretion of the management only.
HEALTH CLUB
Members must wear t-shirts (covering the chest and back) at all times in the Club. Members must be properly attired in standard workout clothes (i.e. leotards, gym shorts. jogging suits) while in exercise areas. The Club reserves the right to refuse anyone who is not properly attired and/or personally clean. Please be aware of circuit rules. Do not cut in on the circuit or do sets if other members are waiting Profanity is not allowed in the gym. Members shall not yell or scream across the gym. Use of the equipment should be instructed by Program Directors. Return weights to proper racks when finished. Have a “spotter” when using heavy weights. No dropping the weights. No littering or leaving debris on the gym . Members who sweat profusely are asked to use towels when using the gym facilities and equipment. Shaving in the gym is strictly prohibited. Members and their guests are required to shower prior to massages & using the pool. Eating and drinking is permitted in the lounge only. Please do not eat and drink in the workout areas, locker rooms and spa areas. Belongings may not be left in daily lockers overnight. Locks will be cut off and contents removed. The Club does not accept responsibility for items removed from lockers. No personal belongings (i.e. gym bags, purses, extra clothing, cell-phones, etc.) are allowed in the workout areas. No member shall solicit or perform personal training services on the premises. No external personal trainers will be allowed to workout in the gym. All members must allow themselves to a Fitness Assessment, Body Analysis & Fitness Testing before commencement of the exercise program. Members can carry out their own workout pattern at their own risk. Management is not responsible for any accidental damage caused due to unadvised exercise routine. Foot covering (i.e. tennis or aerobic shoes) must be worn at all times in all exercise areas, as well as in the entire Club. Socks and sandals are not allowed. Street shoes are not allowed .
GUESTS
No member shall bring in any individual to perform personal training services. External personal trainers have to complete formalities of payments & signing of an agreement form to do so. All guests must register upon entering the Club. All guests must execute a Waiver and Release of Liability and Indemnity Agreement. Former members and members restricted from the Club may not enter as guests. Out-of-town guests will be charged guest fees. Any guest found in the Club who has not paid the guest fee will be charged double and will no longer be able to use the Club. Members are responsible for their guests. All guest must abide by Club rules and regulations.
CHILDREN
Children under the age of 13 are not allowed in the Club expect for attendance of classes and events organized especially for them.
FEES
Membership is subject to realization of cheque & authenticity of currency notes. Membership will be invalid if fees are not received in Guests of Members: Seek desk. Lost Items: Membership Card - Rs. 1000/- Personal Coaching Programs: Please inquire from program directors.
WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
You (Buyer, each member and all guests) agree that if you engage in any physical exercise or activity or use any Club facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any club facility on the premises. Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, steam room, lobby area, or any equipment in the Club facility. Member agrees to assume the risk in his or her participation in any activity, class, program, instruction, or Club-sponsored event. You agree that you are voluntarily participating in the aforementioned activities and using the Club facilities and premises and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property or even death. You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Club (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Club, whether active or passive, or any of its affiliates, employees, agents, representatives, successors and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) Club's improper maintenance of any exercise equipment or facilities, (c) Club's negligent instruction or supervision, including personal training, and (d) you slipping and falling while on the facility or any portion of the premises for any reason, including Club's negligent inspection or maintenance of its facility. By execution of this agreement, you hereby agree to indemnity and hold harmless Club from any loss, liability, damage, or cost Club may incur due to your presence at the Club facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be broad and inclusive as permitted by the law in the Courts of India and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST CLUB FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.
SEVERABILITY
These provisions of this contract are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. The Club's failure to enforce any remedy or provisions in this contract shall not be constructed as a waiver of such remedy or provision.
GOVERNING LAW
This agreement shall be constructed in accordance with the laws of the City with jurisdiction and venue deemed proper in the city as it appears in the address of the gym on page 1 only.
INTEGRATION - ENTIRE AGREEMENT
This agreement constitutes the entire exclusive agreement between the parties and cancels and supersedes prior promises, representations, understandings, and/or agreements between the parties. The agreement may be modified only by an instrument in writing signed by all parties; however, the Club or any assignee of this agreement are authorized to correct patent errors in the agreement (and other related documents.)
