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BODYZONE FITNESS & SPA TERMS AND CONDITIONS OF USE OWNERSHIP
Welcome to the BODYZONE FITNESS & SPA website at http://bodyzonegym.in (“Site”) which is owned by Bodyzone Fitness & Spa Pvt Ltd. Herein after referred to as “Bodyzone”. This Site is operated by Bodyzone and materials on the Site are primarily owned by Bodyzone. 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 Bodyzone. Bodyzone Fitness & Spa 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 Bodyzone. 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 info@bodyzonegym.in

The Terms and Conditions mentioned herein are to be read in tandem and in conjunction with the Privacy Policy of BODYZONEGYM.IN
BODYZONE 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 info@bodyzonegym.in 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 BODYZONE 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 audio visual 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 BODYZONEin writing at Business & Legal Affairs BODYZONE at BODYZONE FITNESS & SPA PVT. LTD. “ S.C.O. 180-187, SECTOR 9C, MADHYA MARG, CHADIGARH- 160009 INDIA.
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 Bodyzone  and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Bodyzone sees fit.


UNSOLICITED SUBMISSIONS

If unsolicited submissions are sent to Bodyzone via this Site, these submissions become the property of Bodyzone and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Bodyzone 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 Bodyzone, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

EMPLOYMENT OPPORTUNITIES

Bodyzone may, from time to time, post Bodyzone 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 BODYZONE in response to employment listings, you are authorizing BODYZONE to utilize this information for all lawful and legitimate hiring and employment purposes. BODYZONE 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 BODYZONE 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 BODYZONE 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 BODYZONE Marketing at Bodyzone Fitness  & Spa Pvt Ltd. S.C.O. 180-187, Madhya marg, Sector 9C, Chandigarh INDIA,before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or BODYZONE, including its respective employees, agents, directors, officers and stakeholders.
If BODYZONE has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that BODYZONE is connected with, operates or controls these web sites. BODYZONE 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 BODYZONE. 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.
BODYZONE 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
BODYZONE reserves the right to immediately terminate your use of, or access to, this Site at any time if BODYZONE 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 BODYZONE considers to be inappropriate or unacceptable. In such event Bodyzone reserves the right to take appropriate legal action against you.

DISCLAIMER OF LIABILITY AND WARRANTIES

While BODYZONE 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 BODYZONE 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 BODYZONE, 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 BODYZONE 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 BODYZONE 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 BODYZONE, 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.

SWEEPSTAKES AND/OR CONTESTS

Sweepstakes, contests, games and other promotions run on BODYZONE web sites may require the visitor to provide some personally identifiable information such as full name, address, e-mail address, and phone number, in order to participate. BODYZONE may use a reputable third party to manage and administer some or all of its sweepstakes and/or contests. This third party may have access to some or all of the personally identifiable information that is provided by the visitor in order to participate in the sweepstakes and/or contest. In those instances, the third party will be instructed by BODYZONE to use the personally identifiable information in a limited manner and only for the specific purpose of the sweepstakes and/or contest related purpose for which it was requested, and in compliance with the BODYZONE Privacy Policy. Most often this information is used only to select and contact winners of the sweepstakes and/or contests. Any other use of the personally identifiable information by the third party is strictly prohibited. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate. BODYZONE requires proof of age in order for an individual to collect any prizes awarded.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail toBODYZONE Attn: Legal Department, Bodyzone Fitness & SpaPvt. Ltd., S.C.) 180-187,  Madhyamarg, sector 9C, Chandigarh, INDIA, or to the email address you provide toBODYZONE during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to BODYZONE during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

AGREEMENT

Refund Policy:
Gym Membership Payments made availing any Offer will not be refunded although can be transferred as per the policies.
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 institute 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 I.
GENERAL POLICIES AND PROCEDURES
1.            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
2.            All signs posted in the Club shall be considered as part of the rules and regulations.
3.            No member of the Club shall advertise or permit his membership to be advertised for sale. Memberships are non-assignable and non-voting.
4.            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
5.            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.
6.            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 done.
7.            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.
8.            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.
9.            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 &weekly for maintenance.
10.          There will be NO SMOKING permitted in the Club.
11.          All members and guests must do biometric punch and sign in at the reception desk upon entering the club.
12.          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.
13.          Club services may only be used by Bodyzone members in good. A member whose basic gym membership has expired must renew in order to take advantage of his/her privileges.
14.          The Club is not responsible for Lost and Found items. Items found are immediately placed in public lost-and-found.
15.          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.
16.          The club holds a right to reserve “RIGHTS OF ADMISSION” & reserves the right to “TERMINATE A MEMBERSHIP” as and when the management deems.
17.          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 neighbourhood as it deems necessary.
18.          Any damages to Bodyzone 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.
19.          Photographic, video or related equipment are not allowed on the premises. Photography is strictly prohibited.
20.          Music played in the gym will be maintained at a standard decibel. Selection of music will be at the discretion of the management.

II.  FITNESS CLUB

1.            Members must wear t-shirts (covering the chest and back) at all times in the club.
2.            Members must be properly attired in standard workout clothes (i.e. leotards, gym shorts, jogging suits) while in exercise.
3.            The Club reserves the right to refuse anyone who is not properly attired.
4.            Profanity is not allowed in the gym. Members shall not yell or scream across the club.
5.            Use of the equipment should be instructed by instructor.
6.            Return weights to proper racks after use.
7.            Have a “spotter” when using heavy weights, don’t drop weights any of the ways that makes loud sound.
8.            No littering or leaving debris on the gym
9.            Members who sweat profusely are asked to use towels when using the machines and equipment.
10.          Shaving in the gym is strictly prohibited.
11.          Eating and drinking is permitted in the lobby only. Please do not eat anything in the workout areas, locker rooms and spa.
12.          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.
13.          No personal belongings (i.e. gym bags, purses, extra clothing, etc.) are allowed in the workout area.
14.          No member shall solicit or perform personal training services on the premises.
15.          All members must allow themselves to a Fitness Assessment, Body Analysis & Fitness Testing before commencement of the exercise.
16.          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.
17.          Foot covering (i.e. tennis or aerobic shoes, running shoes, training shoes) must be worn at all times in all exercise areas, as well as in the entire Socks and sandals are not allowed. Street shoes are not allowed.

III.     GUESTS

1.            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.
2.            All guests must register upon entering the club.
3.            All guests must execute a Waiver and Release of Liability and Indemnity.
4.            Former members and members restricted from the Club may not enter as guest.
5.            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 to pay.
6.            All guests must abide by Club rules and regulations.
7.            Children under the age of 13 are not allowed in the Club expect for attendance of classes and events organized especially for children.

V.   FEES

1.            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.
2.            Lost Items : Membership Card – Rs. 500/-
3.            Personal Coaching Programs: Please inquire from fitness manager.

VI.    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, Sauna, 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.

VII.   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.

VIII. 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 club.

IX. 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 is authorized to correct patent errors in the agreement (and other related documents).

X. Arbitration and Court Jurisdiction

All disputes arising out of this agreement/contract, including those concerning its validity, interpretation, performance, termination and financial transactions,  shall be settled, independent of the number of the parties, by an arbitral tribunal, consisting of sole arbitrator to be finalized with the mutual consent of the parties. In case the arbitrator is not appointed as per this clause then theAppropriate court will have jurisdiction to deal with the issue.

  1. TheArbitrator shall decide the dispute as perArbitration and ConciliationAct, 1996.
  2. The Language of theArbitration shall be in Hindi or English as per the convenience of Parties.
  3. The Jurisdiction of theArbitrator shall be in Chandigarh only.

The Head office of theBODYZONE FITNESS AND SPA PVT LTD is situated in Chandigarh and all disputes arising out of this agreement/contract shall be subject to the exclusive jurisdiction of Chandigarh Courts.The Parties hereby waive any right to claim the jurisdiction of any court on the ground that the choice of Chandigarh Courts is onerous or otherwise inconvenient to them.