Acceptance of terms and Conditions
The present Terms and Conditions govern the use (including mere access) of Shape Shack's website (the "Shape Shack Website"), as well as any and all facilities operated by Shape Shack (the "Shape Shack Facilities").
Any person that accesses the Shape Shack Website and/or the Shape Shack Facilities (the "Member") accepts to submit to the Terms and Conditions in force at the time, being noted that these Terms and Conditions may be amended.
The present Terms and Conditions complete any and all contract entered into by the Member and Shape Shack. Should there be any contrary disposition in the present Terms and Conditions, the aforementioned contract shall prevail.
Shape Shack reserves the right to alter, at any moment and with no prior notice required, the present Terms and Conditions. However, Shape Shack shall notify the Member in due time when the Terms and Conditions are modified.
1. Use of the Shape Shack Facilities
1.1. The Member shall change into clean gym shoes before entering the Shape Shack Facilities. Shape Shack reserves its rights to exclude the Member from the Shape Shack Facilities should the Member not have clean gym shoes.
1.2. Shape Shack shall not provide the Member with any towel during group classes. Exceptions shall however apply, to Shape Shack's sole discretion.
1.3. If the Member is taking part to a Group Class, the Member may have access to Shape Shack's showers, provided that such showers are not used by a Personal Training client. Indeed, the Member is hereby informed that Personal Training clients have a priority access to Shape Shack's showers.
1.4. Shape Shack is a community; consequently, the Member shall be respectful at all times.
1.5. Shape Shack reserves its right to exclude the Member from the Shape Shack Facilities and to suspend or terminate the Member's use of the Shape Shack Facilities should: (i) the Member's conduct be disrespectful or damaging to Shape Shack's reputation, (ii) the Member's conduct be in breach of the present Terms and Conditions; (iii) the Member's exclusion otherwise be in the interests of other users of the Shape Shack Facilities. Shape Shack's decision in this respect shall be made at its sole discretion. The Member hereby agrees that they shall not be entitled to any refund in such circumstances.
1.6. The Member has to sign up for a user account on the MindBody App (the "MindBody User Account").
1.7. When signing up on the MindBody App, the Member confirms that the Member is healthy to train in the Shape Shack Facilities. Shape Shack may request the Member to provide a doctor’s certificate in case of any doubt. In any event, the Member will be also offered to sign a Physical Activity Readiness Questionnaire (a "PAR Q"). (see Article 2.4)
1.8. All children under 12 years must be accompanied by a parent and/or guardian.
1.9. If the Member is using the Shape Shack Facilities and is under 18 years old, Shape Shack may request the Member to provide proof of parental consent.
1.10. The Member hereby agrees to any Class Rules which they may see displayed either on the Shape Shack Website or in the Shape Shack Facilities.
1.11. Shape Shack provides lockers to keep its members' belongings safe. However, by using such lockers, the Member shall assume all risk of loss for any of their personal belongings. Shape Shack shall not be made responsible for any loss of the Member's personal belongings.
2. Health Commitment Statement
2.1. Shape Shack and its freelancers are not medically qualified. If the Member has any doubts as to their fitness and/or capability to exercise, Shape Shack strongly advises that the Member get advice from a doctor before starting training in the Shape Shack Facilities.
2.2. For safety reasons, the Member shall be responsible for correctly using the Shape Shack Facilities.
2.3. Shape Shack shall not be liable for any injuries suffered by the Member whilst using the Shape Shack Facilities and/or Shape Shack services, except in cases of gross negligence.
2.4. The Member hereby agrees to respect the conditions set forth in the Health Commitment Statement which they signed prior to starting their training with Shape Shack.
2.5. PAR Qs are available on the Shape Shack Website and shall be signed by the Member prior to starting their training with Shape Shack. The Member also has the option to sign a PAR Q in the Shape Shack Facilities.
3. Booking a class
3.1. In order to ensure the quality of Shape Shack's group classes, Shape Shack reserves its right to set limitations as to participation to group classes. Shape Shack further reserves its right to modify such limitations from time to time.
3.2. The Member hereby agrees to book any and all group classes they wish to attend in advance via their MindBody User Account.
3.3. When the Member books a class, one credit shall be deducted from their MindBody User Account according to their purchased pack or contract.
3.4. Shape Shack undertakes to make every effort to ensure that there are suitable numbers of group classes available. However, Shape Shack does not guarantee that space will be available in any given group class, even if the Member has sufficient credit in its MindBody User Account.
3.5. If the group class the Member wishes to attend is fully booked, the Member has the possibility to sign up, via their MindBody User Account, on a waitlist. Alternatively, the Member may also choose any alternative class which is not fully booked yet.
3.6. Waitlist entry shall automatically be allocated as soon as a place becomes available, and the person who will be given the possibility to attend the group class will be notified by Shape Shack. Consequently, the Member shall remove themselves from the waitlist as soon as possible should they decide not to participate in the group class.
4. Class Cancellation
4.1. The Member has the right to cancel their registration to a group class up to five hours before the start of such group class, failing which the session shall be deducted from their package.
4.2. The Member may cancel their registration by phone, email or on via their MindBody User Account.
5. Personal Training
5.1. The date and time of any Personal Training session shall be booked personally with the Member's Shape Shack Trainer.
5.2. Should the Member's Shape Shack Trainer cancel the Personal Training session, the Member shall be provided with an alternative date and/or time, or with another Shape Shack Trainer.
5.3. The Member may cancel a Personal Training session up to 24 hours before the agreed time. The session will then not be deducted and will be rescheduled subject to an agreement between the Member and their Shape Shack Trainer.
5.4. If the Member cancels a Personal Training session less than 24 hours before the agreed time, the session will be deducted and shall not be rescheduled. No compensation, including financial compensation, shall be due by Shape Shack.
5.5. Shape Shack shall provide the Member with two towels – a big and a small one – during each Personal Training session.
5.6. Shape Shack undertakes to make every effort to give the Member priority access to Shape Shack's showers at the end of their Personal Training session.
6. Refund Policy and transferring Packages
6.1. All purchases are final; Shape Shack does not offer any refunds.
6.2. However, in the case of relocation or long-term injury, Shape Shack may agree, to its sole discretion, to transfer the Member's package and/or contract to a third party. The same conditions shall apply to the person which the Member's package and/or contract has been transferred to.
7. Photography and video policy
7.1. Shape Shack may, at its sole discretion, allow the Member to take pictures and/or video footage in the Shape Shack Facilities. Should any other of Shape Shack's members be present, such members' agreement shall be obtained.
7.2. Shape Shack Trainers may video or photograph sessions from time to time and use these images and videos on the Shape Shack social media or online. However, the Member’s agreement will always be verbally asked for. Consequently, the Member shall let their Shape Shack Trainer know should they rather not be featured in these videos or photographs.
8. Data Protection
8.1. As a member of Shape Shack, the Member consents to Shape Shack collecting, storing and processing their personal information.
8.2. As a member, the Member consents to allow Shape Shack to use electronic communication channels to address items of interest pertinent to the customer-client relationship, including a newsletter and marketing of new products and services, if any.
8.3. Shape Shack stores the Member's personal information as long as they are a member of Shape Shack, and for a period of 3 months following termination of the Member's membership. This does not include information required to store by law. In order to be able to send the Member training tips and offers, Shape Shack also keeps the Member's email address and telephone number on record after the Member has terminated your membership. The Member can, at any time, request to be deleted from these communication lists. As a member, the Member has a right to view and have edited their personal information. The Member can, at any time, revoke their consent, as it is voluntary to provide personal information, unless such information can or must be stored under legal requirement (such as information necessary to administrate the customer relationship). All communication is directed to firstname.lastname@example.org
Disclosure of personal information to others will not be done without the Member's consent. It will, however, be done in connection with administrative activities such as sending out information from Shape Shack, collection of payment and accounting.
9. Intellectual Property
9.1. Shape Shack is the owner or the licensee of any and all intellectual property rights in the Shape Shack Website, as well as of any material published on it. Those works are protected by copyright laws. All such rights are reserved.
9.2. The design and layout of this website are protected by copyrights, database rights, design rights and other similar laws and may not be copied or imitated in whole or in part.
9.3. The Trademarks, logos and trade names displayed on the Shape Shack Website are the property of Shape Shack SA or other third parties featured on the Shape Shack Website. The Member is not permitted to download, copy, modify our use the trademarks without prior written consent or the consent of such third party who owns the trademarks.
9.4. Shape Shack and its suppliers own the intellectual property rights in the software that runs the Shape Shack Website. The Member shall not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without prior written consent.
10. Linked Websites and partners
10.1. The Shape Shack Website may contain links to other websites and partners. Those links are provided for convenience only and may not remain current or be maintained.
10.2. Shape Shack is not responsible for the content or privacy practices associated with linked websites.
10.3. The links with linked websites shall not be construed as an endorsement approval or recommendation by Shape Shack of the owners or operators of those linked websites, or any information, graphics, materials, products or services referred to or contained on those linked websites, unless specified otherwise.
11. Information and feature available on the website and linked social media owned by Shape Shack
11.1. All tools, features and information provided are provided by Shape Shack in good faith. The Member hereby accepts that any such information provided by Shape Shack is general information and is not in the nature of advice. Where applicable, Shape Shack derives its information from sources which Shape Shack believes to be accurate and up to date as the date of publication. Shape Shack nevertheless reserves its right to update this information at any time. In addition, Shape Shack does not make any representations or warranties that the information provided is reliable, accurate or complete or that your access to that information shall be uninterrupted, timely or secure.
11.2. Shape Shack does not give the Member assurances that any information contained on the Shape Shack Website and its linked social media shall be suitable for the Member's purposes or that it will be error free. The Member hereby agrees that they shall not rely on the any such information or its availability.
12. Court of Jurisdiction and Applicable Law
12.1 These Terms and Conditions and all matters arising out of or relating to the access to the Member’s use of Shape Shack’s premises and training services shall be governed by the substantive laws of Switzerland, without regards to principle of conflicts of laws thereof.
12.2 Any controversy, claim or dispute between the Member and Shape Shack arising out of or relating to these Terms and Conditions and/or the Member’s use of the Shape Shack’s premises and training devices shall be subject to the exclusive jurisdiction to the ordinary courts of Geneva.
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