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TERMS AND CONDITION
Declaration for using any services provided by SC – Total Body Workout
Clients of SC – Total Body Workout and visitors to www.sctotalbodyworkout.co.uk are subject to the following Terms & Conditions. By vising this site, purchasing or reserving a class or any other service or taking part in any of the services provided, you confirm you have read these terms and conditions and agree to be bound by such terms and conditions.
Fees and Payments
Purchaser’s Obligation. Purchaser shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Purchaser’s failure to use the facilities where classes and other services are held.
Form of Payment. All payments are payable by cash or cheque and payments must be made before the event/service takes place.
Returned Payment Penalty. Purchaser will automatically be charged any bank fee imposed on SC – Total Body Workout, plus a processing fee, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, SC – Total Body Workout retains the right to collect the current and past due balances in any subsequent month.
Cancellation of Classes. Purchaser may cancel his or her reservation (either on the SC – Total Body Workout website www.sctotalbodyworkout.co.uk, or by calling SC – Total Body Workout at the phone number specified on the website) no later than twelve (12) hours prior to the reserved class in order to retain the full class credit. Classes not cancelled prior to that time will be revoked.
Classes and Other Services
Revocation of Classes and all other services. SC – Total Body Workout and the facility providers (in its sole discretion) may revoke the Client’s class, class series, class credits, or other services at any time and without refund, in the event that the Client engages in behaviour that is unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other participants, staff or general public, moral turpitude or fraud, or personal hygiene and attire. SC – Total Body Workout and the facility providers also reserves the right to require the Client to leave for the day if, in SC – Total Body Workout and the facility providers’ reasonable judgment, the Client poses a health or safety risk to the Client or others, or is disturbing or likely to disturb other clients, staff or the general public.
Use Privileges. The Client must abide by the individual rules of the facilities. Additionally, SC – Total Body Workout and the facility providers reserves the right to revoke or suspend the Clients class, class series or class credits if the Client has purchased a class, class series or class packages, and allows persons other than Purchaser to use Purchaser’s account to book and/or attend classes or any other services provided by SC – Total Body Workout.
Medical Recommendations. The Client is strongly advised to consult with his or her physician or to have a physical examination before using/ taking part in any of SC – Total Body Workout services or facilities, especially if the Client is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise.
Orientation. The Client is strongly encouraged to arrive early prior to the class/service they want to take part in as well as request ongoing support available from SC – Total Body Workout to ensure the proper and safe use of all of the SC – Total Body Workout equipment and physical movements.
Client Conduct. The Client shall not use any SC – Total Body Workout affiliated facility, service or equipment in such a way as to endanger the health or safety of the Client or others. The Client shall be responsible for any property damage or personal injury caused by the Client and/or his or her guests. The Client agrees not to violate any laws while in any facility and agrees further to abide by all of the facility rules and regulations, as they now exist and as they may be amended from time to time in the discretion of the facility.
Client Assumption of Risk. The Client acknowledges that his or her participation in the SC – Total Body Workout classes and use of the any other service provided by SC – Total Body Workout necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of the SC – Total Body Workout classes, or otherwise using any other service provided by SC – Total Body Workout, THE CLIENT WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS. SC – Total Body Workout cannot, and does not, guarantee that any facility, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).
Medical Disclaimer. The Client has been informed and acknowledges that SC – Total Body Workout makes no claims as to medical or fitness results that can or may be obtained through use of SC – Total Body Workout facilities, equipment or services. SC – Total Body Workout has neither suggested nor will suggest any medical treatment to the Client. Only licensed medical professionals are qualified to give medical advice.
Client’s Health Warranty. By enrolling or participating in any of SC – Total Body Workout classes, or otherwise using any of SC – Total Body Workout other services, the client represents and warrants that he or she (i) is in good medical and physical condition, and that participation in the classes or use of the facilities does not pose any danger to the Clients health; (ii) has no medical or physical conditions that would preclude his or her participation in any of the classes, other services provided or use of the facilities, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of SC – Total Body Workout classes, other services provided or using facilities where classes or other services are held.
Purchaser Waiver, Release and Indemnity. By checking the box to signify agreement with the Terms and Conditions of Purchase and/or by attending classes or otherwise participating in activities provided by SC – Total Body Workout, the Client, on behalf of his- or herself, and on behalf of his or her heirs and assigns, expressly agrees to forever discharge, waive and release SC – Total Body Workout and each of its subsidiaries and their respective members, officers, directors, affiliates, instructors, agents, employees and/or independent contractors (the “Released Parties”) from any and all claims, demands, injuries, liabilities, actions, causes of action and from all acts of active or passive negligence on the part of the Released Parties on account of any and all injuries or damages, including but not limited to bodily injury, mental injury, death and/or property damage from any event, mishap, accident, loss, damage or injury suffered resulting from or connected with or caused by the use of SC – Total Body Workout classes, services and facilities (including, without limitation, any of the bikes, locker rooms, or other equipment). The Client further agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Released Parties from any and all claims, losses and liabilities arising from, connected to, and/or arising from his or her use of SC – Total Body Workout classes, services and facilities (including, without limitation, any of the bikes, locker rooms, or other equipment.) Additionally, the Client and his or her guests shall hold the Released Parties harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of their use of SC – Total Body Workout services and associated activities.
Prevailing Party. In the event the Client commences an action against SC – Total Body Workout or its members, officers, affiliates, agents or employees and fails to obtain judgment or partial judgment in the Clients favour, the Client shall be liable to SC – Total Body Workout for all costs and expenses associated with SC – Total Body Workout’s defence of the action or any claims on which the Client did not prevail, including, without limitation, reasonable attorneys’ fees and costs.
Costs of Collection. The Client agrees to pay all costs plus reasonable attorney and collection fees in connection with SC – Total Body Workout (or SC – Total Body Workout’s designee’s) collection of any amounts owed by the Client.
Loss of Property. The Client is urged not to bring valuables onto the class/services premises/location and to keep valuables with him or her at all times. The facility or SC – Total Body Workout shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewellery).
Client and Guests Rules. The Client and his or her guests shall abide by SC – Total Body Workout rules and regulations and any amendments and/or modifications thereto.
Pets and Bicycles. Pets and bicycles are not permitted in the facilities where classes and other services are provided.
Dress Code. Proper athletic attire is required. SC – Total Body Workout reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
Guest Rules. Guests are permitted in the facilities where classes and other services are provided, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must and sign the SC – Total Body Workout standard release agreement.
Children’s Use. All children under 16 years of age must be accompanied by a parent or guardian over the age of 18 at all times within the facilities where classes and other services are provided unless they are in a supervised activity. Children under age 13 are not permitted in any facility where classes and other services are provided without the express permission of SC – Total Body Workout.
Non-Discrimination. SC – Total Body Workout will not discriminate against any person because of gender, race, creed, age, colour, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, entrance in SC – Total Body Workout classes or other services.
Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
Enforcement. If any provision of these Terms and Conditions of Purchase is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
Entire Agreement. These Terms and Conditions of Purchase and all rules and regulations of SC – Total Body Workout, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. This agreement may be modified only by an instrument in writing and only by SC – Total Body Workout.