This Terms of Service is an agreement between you and Focus Boutique Fitness Limited (“us”, “we”, or “our”). Together with our Privacy Policy, this Terms of Service (collectively, the “Terms of Service” or “Agreement”) applies to your use of the website, info@fitnesspanda.hk (the “Site”), our mobile apps, and other services that we provide, including services provided at our studios (the “Services”). By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the mobile app(s), or contributing content or other materials to the Site or on or via the mobile app(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Service. Please read the Terms of Service carefully and save it. If you do not agree with it, you should leave the Site and/or mobile app and discontinue use of the Services immediately.

 

Non-Refundable/Non-Transferable

All our packages are strictly non-refundable. If you are unsure if you are able to finish your package in the set validity time, then consider purchasing a smaller package.

Activation Dates

According to specific packages, once you book your first class, your package will be activated. This includes when you have booked for a class, and then decided to cancel. The activation date will still be locked on the date you made your first booking.

Packages will expire within 60 days if not activated, unless otherwise stated on the specific package terms and conditions.

Non-Extendable

All our packages have an expiry date and are strictly not extendable.

This is because you are not purchasing a monthly membership. Our classes are valued at $350 per class and by buying a package, you are purchasing the classes in bulk to enjoy a discount, and needs to be attended before the expiry date to enjoy this discount.

If you have an irregular schedule or travel a lot. Then we recommend purchasing a smaller package.

No-Show Policy

If you miss a class without cancelling before the cancellation window, you will be considered a no-show, and the credit(s) used to book the class will be deducted.

If you are unable to attend class due to a sickness, please write to info@fitnesspanda.hk with the subject: “No Show Waiver Request.” You will need to email and include a photo of your medical certificate within 24hrs of the time of the class.

Requests sent to us beyond 24hrs will be reviewed on a case by case basis, and may be rejected.

Freeze Policy

If you are injured, pregnant or have just undergone surgery, please email us at info@fitnesspanda.hk with your doctor’s letter to request a package/contract freeze.

All requests, including non-medical related quests will be considered on a case by case basis, and are subjected to approval. These terms apply:

• Minimum Freeze Period: 2 weeks

• Freeze Period* will be in accordance with your doctor’s letter. At a maximum Freeze Period of 50% of the original duration of your package/contract.

• Package Freeze Fee: $500/request, payable prior to the freeze period.

*Kindly note that we are unable to retroactively freeze your package/contract, so do write to us at least 7 days prior to your preferred freeze activation date.

 

 

Changes to this Agreement

We reserve the right to modify the Terms of Service at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or mobile apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site, or discontinue any use of the Site immediately.

 

Accessing the services and account security

To access the Services, you may be asked to provide certain details or other information. It is a  condition of your use of the Services that all the information you provide to us is correct, current and  complete. You agree that your failure to provide complete and accurate information may result in the  termination of your access to the Services.

By using this site, you represent that you are at least the age of majority in your jurisdiction of  residence, or that you are the age of majority in your jurisdiction of residence and you have given us  your consent to allow any of your minor dependents to use the Service. By using the Services, you  represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or  guardian has consented to the Terms of Service and your use of the Services.

From time to time, we may restrict access to some or all parts of the Services, including studio  classes, the Site, and mobile apps.

In order to access some Services available on the Site and mobile app, you will have to create an  account. You may not use another person’s account. You agree that you are solely responsible for the  activity that occurs on your account. You agree to keep your account password secure and  confidential. You agree to notify us immediately of any breach of security or unauthorized use of your  account.

Intellectual Property Rights

The content on the Site and mobile apps, including without limitation, the text, software, scripts,  graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the  trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to  Focus Boutique Fitness Limited, subject to copyright and other intellectual property rights under the law. Content on  the website is provided to you as is for your information and personal use only and may not be  downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or  otherwise exploited for any other purposes whatsoever without the prior written consent of the  respective owners. We reserve all rights not expressly granted in and to the website and the Content.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall  become the sole property of Rhythm Studios.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly  permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related  features of the website or features that prevent or restrict use or copying of any Content or enforce  limitations on use of the website or the Content therein.

Studio Policies, Rules and Regulations

CANCELLATIONS: Classes that are cancelled later than 12HOURS before the schedule class will  be charged in full to the client. If you show up late for a class, you will be denied entry and that  session will be FORFEITED. Subject to the right of cancellation, payment for credits are non refundable unless otherwise stated in Terms and Conditions. All Sessions must be used within the  stated months from the date of purchase on the website.

Please note, in fairness to all our customers, BIKES WILL BE RELEASED 5 MINUTES BEFORE  CLASS BEGINS.

RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE  START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A  WAITLISTED CLIENT.

PERSONAL BELONGINGS: You agree that we are in no way responsible for the safekeeping of  your personal belongings while you are present in the studio. You assume all risk of loss for any of  your personal belongings.

FOR CUSTOMERS RUNNING LATE: We ask that you call the studio to let us know you are on the way. The front desk will hold a reservation up until the class begins though we cannot guarantee you will be given the spot you signed up for. Customers who arrive late will not be admitted to class. FOR CUSTOMERS LEAVING EARLY: If you’re planning on leaving early, we kindly request that  you tell the instructor ahead of time. NO re-entry is allowed.

MISCELLANEOUS:

• Always bring the bike to a complete stop before jumping off.
• If recovering from injury or illness, notify the instructor prior to class start time.

REFUND POLICY:

As applicable, classes and membership packages are non-refundable. No exceptions. We do not offer refunds on purchases for our services, beyond your statutory rights. We strongly plea  with you to be modest in your initial membership purchases, and to make sure you like us, can reach  the venue and like what we do before making extravagant purchases.

Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store  credit will be issued for up to 30 days. No returns will be provided without a receipt.

Termination & Survival

We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.
The following provisions will survive termination of this Agreement: (1) Termination; Survival; (2) Intellectual Property Rights; (3) Governing Law; (4) Indemnity; (5) Limitation of Liability.

Personal Fitness Declaration

You should not exercise beyond your own abilities. If you know you have a medical condition which might interfere with your physical safety, please seek advice from a relevant medical professional before coming to a class. You must follow all rules and instructions, including warning notices when using our equipment and facilities. If you experience any illness during your class, please notify us immediately. If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.

Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of HONG KONG, without giving effect to any principles of conflicts of law.

Indemnification

You agree to release, indemnify, and defend Focus Boutique Fitness Limited and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “Rhythm Studios Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defence and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defence of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

Limitation of Liability

By attending classes, events, activities, and using the studio facilities and equipment, you hereby acknowledge that there are certain inherent risks and dangers in the strenuous nature of classes. You acknowledge that you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. You acknowledge that you have voluntarily chosen to participate in an intense physical exercise. You assume all risk for your health and well-being, and agree to assume full responsibility for you, and anyone you booked for with this account, and fully release, indemnify, and hold harmless Focus Boutique Fitness Limited entities.
You agree that to the maximum extent permitted by law, Focus Boutique Fitness Limited will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that, to the maximum extent permitted by law, Rhythm Studios entities will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if foreseeable) arising out of or in any way connected with your use of, or inability to use, the services.
We make no promises with respect to, and expressly disclaim all liability for: (1) products, services, information, programming, and/or anything else provided by a third party that is accessible to you through the services; or (2) the quality or conduct of any third party you encounter in connection with your use of the services. Your sole remedy for dissatisfaction with the services is to cease use of the services.

Member Assumption of Risk and Release

You warrant and represent that you do not have any medical or mental condition or disability; or disease, which could become worse during exercise or result in damage to your health if you exercise or engage in any physical activity at the studio. You acknowledge and agree to exercise responsibly and with due care and attention to your own medical and mental condition at all times. You understand and accept all risks of injury from studio activities and using any studio equipment. You understand and agree that the studio and any other Focus Boutique Fitness Limited facility that you visit do not, to the extent permitted by law, accept any liability for any injury, disability, death, or loss or damage to person or property, except those arising from their negligence or breach of this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between the parties. All conditions, warranties or other terms not expressly contained in this Agreement (actual or implied), or not imposed or required to be binding by applicable statute in respect of the services or goods supplied by us, our employees, servants or agents, are hereby excluded. The parties acknowledge that they have not relied on any oral or written representations or other promises or assurances not contained in this Agreement. The parties waive all rights and remedies which might otherwise be available to them in respect thereof, except that nothing in this Agreement will limit or exclude any liability for fraud or fraudulent misrepresentation.

Contacting Us

If you have any questions about the Terms of Service, at the Services, the Site, or mobile apps, please contact us at: info@fitnesspanda.hk.