Terms of Use | barressential
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Terms of Use

1. Interpretation & Variation

 

1.1 In these Terms of Use the following definitions apply: ”Company” means Barressential PVT Ltd. "Clients" means any persons that has completed and submitted the online registration form (the “Sign Up Form”) at the Barressential website, http://www.barressential.com/ OR provided name and email details to a Barressential representatives to be signed up for a class and whose registration has been accepted by the Company. ”Studio” means any physical location where Barressential class are conducted. ”Terms and Conditions” means these terms and conditions.

 

1.2 References in the Terms and Conditions and Terms of Use to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.

 

1.3 These Terms of Use are incorporated into the Sign Up Form.

 

1.4 The Company reserves the right to vary and revoke the Terms and Use and the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Clients. Any such changes will be notified to Clients and, until revoked, are and will be binding on Clients.

 

1.5 The Terms and Conditions and Terms of Use will be governed by the Laws of the Democratic Socialist Republic of Sri Lanka and are subject to the exclusive jurisdiction of the Sri Lankan courts.

 

2. Clients

 

2.1 Subject to the Terms and Conditions and Terms of Use when a person has completed the Sign Up Form or provided details to be signed up, she or he will become a Client of the Studio.

 

2.2 Acceptance of a person as a Client is at the absolute discretion of the Company.

 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the Membership of any Client whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or Terms of Use where such expulsion is otherwise in the interests of the other Clients of the Studio. Any Client so expelled will forthwith cease to be a Client of the Studio and will not be entitled to any refund for any period during which her membership is suspended.

 

2.4 If a Client brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Client in accordance with and subject to the Terms of Use.

 

2.5 Clients must be 16 or over.

 

3. Studio Opening Times

 

Details of class times at the Studio may vary from time to time. Class times will be published by the Studio and will be available either at the Studio or at http://www.barressential.com/

 

4. Payment Terms

 

4.1 Details of class and other services prices are available either at http://www.barressential.com/ or directly from the Studio and will be such prices as determined by the Company from time to time.

 

4.2 A Client may not attend any class at the Studio without first booking the relevant class or session.

 

4.3 Payments in any amount are non-refundable unless otherwise stated in the Terms and Conditions.

 

4.4 A Client may only buy gift certificates for other Clients, or the prospective Client must sign up (register) to Barressential prior to attending the Studio.

4.5 A Client is only guaranteed a reservation when payment has been received by the Company and failure to make advance payment may result in the reservation been cancelled by the Company.

 

5. Class Bookings & Waiting Lists

 

5.1 A Client can book or reschedule classes and one-to-one sessions only for themselves and registered guests. Bookings can be made via barressential.com, in person, or via the MINDBODY Mobile App (for supported Studio locations). For one on one appointment, bookings can be made via email communications. 

 

5.2 Classes can be booked according to the advanced bookings rights afforded to Members and other Non-Member Clients. Places at Classes will then be accepted on a first-come first-served basis. If you are awarded a place for a class having been on a waiting list you need to confirm your reservation 3 hours prior to the start of class. Each time you are added to a class from the waiting list you will receive an automatic Waiting List Notification email. Once you receive the notification, email the Studio to confirm or cancel the reservation or Sign into your schedule to confirm online at http://www.barressential.com/. If you receive a voicemail please leave a message confirming the date and time of your booking reservation. Once a class is confirmed you will be held to the cancellation policy for that class. 

 

5.3 Private appointments are valid for 3 months from the date of purchase.

 

6. Your Fitness & Health

 

6.1 By agreeing to the Terms of Use and Terms and Conditions Clients hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any class or private session at the Studio.

 

6.2 It is the Client’s sole responsibility to notify the Studio before attending any class or private session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any).

 

6.3 Clients are advised not to undertake strenuous physical activity without first seeking medical advice. We hereby advise Clients with low/high blood pressure and/or cardiac irregularities to not attend class. If there is any doubt, the Client should consult her doctor.

 

6.4 The Studio Manager reserves the right to refuse access to any Client if, in their absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.

 

6.5 Clients are required to follow the instructions of the instructor at all times.

 

7. Limitation Of Liability

 

7.1 The information available on or through this Site, and the Services supplied via or in connection with this Site or at any one of the Barressential Studios do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor. It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this website (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site or provided through any Service supplied by us to you. You, your legal representatives and your heirs release waive, discharge and covenant, not to sue Barressential Limited and its instructors for any injury or death caused by their negligence or other acts. Any client questions or complaints please email hello@barressential.com

 

7.2 It is the Client’s responsibility to ensure that she is capable of undergoing a routine of exercises provided by any programme which she follows or class which she attends. Clients accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.

 

7.3 The Company accepts no liability for loss or damage to the property of Clients or for injury to Clients on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.

 

7.4 In consideration of their participation in the activities and programmes of the Company and the use of facilities and equipment owned and/or under the control of the Company the Client hereby waives and releases the Company from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omission of the Company.

 

8. Use of Facilities

 

8.1 A Client is entitled to use the Studio’s facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration, maintenance work, business requirements or for reasons beyond the control of the Studio or the Company.

 

8.2 Children under the age of 16 may not use the Studio or attend classes.

 

8.3 Children over the age of seven may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.

 

9. Personal Belongings

 

Personal belongings are brought onto the Studio premises at the Client’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.

 

10. Dress

 

Clients are requested to wear a form of dress appropriate to the practice of fitness activities and Barressential recommends that Clients wear stretch pants or shorts and a T-shirt or sports top. Clients must always attend sessions with socks that cover the entire foot.

 

11. Safety & Hygiene

 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or Studio rooms. Only closed containers of water are permitted in the Studio rooms. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds.

 

11.2 Notwithstanding paragraph 11.1 above, Clients must not walk around the Studio barefoot if they have Verrucas or similar foot complaints.

 

11.3 Clients must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Clients must not interfere with these exits for any reason. In the event of a fire, Clients are asked to make their way to the nearest available exit.

 

11.4 Smoking is forbidden in the Studio.

 

12. General

 

12.1 Clients are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Client within five days of mailing to the last address notified to the Company.

 

12.2 The Company reserves the right to refuse admission to the Studio.

 

12.3 The Company may assign the benefit of the Sign Up Process and a Client’s membership to a third party at any time without notice to the Client.

 

12.4. The Company may, if a Client so wishes, communicate with the Client by electronic mail (“email”). By providing an email address to the Company the Client consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Client also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Client by email.

 

12.5 Clients must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Clients.

 

12.6 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Clients at the Studio will at all times remain the property of the Company and will be subject to the Company’s copyright. 

Clients acknowledge that classes that may be physically strenuous are voluntarily participated in by them with full knowledge and that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

 

13. Promotions

 

Only one promotional offer can be used at a time. 

 

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