Booster [Pilates+] Terms & Conditions, and Waiver Policy
This Site is owned and operated by Booster [Pilates+]. Booster [Pilates+] is the trading name of Booster Pilates AG, Registered in Switzerland.
These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the services provided by Booster [Pilates+] on the site and in our studios (“Studios”).
Please read these terms and conditions carefully. Your use of the Site, the purchase of any Products or Services on this Site or in our Studios will be subject to these terms and conditions (“Terms and Conditions”). And you now hereby agree to our terms and conditions. If you do not accept the Terms and Conditions, do not use the Site.
In these terms and conditions, the following definitions apply: “Services” means any information and services ordered and/or provided by Booster [Pilates+] through or via the Site or our Studios and all services offered as part of any course. Any electronic information supplied to you by Booster [Pilates+] will constitute part of "Service". “Products" means any products offered for sale on the Site or in the Booster [Pilates+] Studios. “Site” means the web site at the URL www.boosterpilates.ch or replacement site(s) from time to time. ”Member” means any person that has completed and submitted the online registration form (the “Registration Form”) at the website or signed a waiver directly in the Studio. ”Terms and Conditions” means these terms and conditions. The Terms and Conditions are incorporated into the Registration Form.
TERMS AND CONDITIONS
1. BOOKINGS AND CANCELLATIONS
Subject to these Terms and Conditions, when a person has booked or attends a class, he/she becomes a Member of Booster [Pilates+] and agrees to comply with these Terms and Conditions. Acceptance of a person as a Member is in the absolute discretion of Booster [Pilates+].
Members must be 18 or over or have their parents’ written consent before becoming a Member of the Studio.
Classes are always subject to availability and can be booked through our website www.boosterpilates.ch
All classes must be prepaid and all clients agree to our 6hr notice policy when cancelling and/or rescheduling. So if you're booked into a class, but miss it or cancel with less than 6 hours' notice, you will be charged for it. If you cancel within the 6 hours’ notice, the class will be re-credited to your account except for the following exception (“Exception”). If you cancel your class less then 6 hours before it starts, we will give Members 3 chances to get back their credit or for the 'All You Can Boost' clients, not to be charged CHF30. To benefit from it, a Member must:
1 - sign up for a class the next day.
2 - send an email to firstname.lastname@example.org to inform us they would like their class credited back or for the 'All You Can Boost' clients, not to be charged CHF30.
3 - we will then confirm by email in the next 72 hours.
This Exception does not apply to ‘No shows’, ie. when a Member does not show up to a class and have not informed us.
Beyond the 3 chances, ‘late cancel’ will no longer be refunded - under no circumstances.
Apart for the “All you can Boost” packages, Booster Monthlies and specific promotional offers, class packages and private classes are valid for 12 months from the date of purchase. No extensions to expiry date are available, except in case of injury, with a valid medical certificate.
Sessions are booked on a first-come first-served basis. A Member may use the waiting list facility at www.boosterpilates.ch. If a spot opens up, the Member will be added to the class and receive a confirmation email, up to 6 hours before the start of the classWe assume that by being on the waitlist, the Member wants to take the class. If he/she changes their mind, they must remove themselves from the waiting list 6 hours before the start of the class, by going in “My Account”. If the session does not become available, the session will be credited back to the Members’ account for future use.
Booster [Pilates+] reserves the right to expel from the Studios, suspend for a specific period or refuse to accept the booking of any Member whose conduct is or may, in Booster [Pilates+]’ reasonable opinion, be inappropriate or injurious to the character of the Studios or other Members or which amounts to a breach of the Terms and Conditions. Any Member so expelled will forthwith cease to be a Member of the Studios and will not be entitled to any refund for any period during which his membership is suspended.
2. PAYMENT TERMS
2.1 Details of session prices and gift certificate prices are available at www.boosterpilates.ch and will be such prices, as determined by Booster [Pilates+] from time to time, subject to change by Booster [Pilates+].
2.2 The first trial session is free and must be booked through the Site at www.boosterpilates.ch. If a Member does not attend that trial session or cancels beyond the 6h policy, that Member loses the right to a free session and his next bookings will be charged at standard applicable prices and under the Terms and Conditions shown on this Site.
2.3 Payments for all Booster [Pilates+] (sessions, products from the online store) by any means and in any amount are non-refundable.
2.4 Payments for gift certificates are processed only once the gift recipient redeems the gift. If the gift is not redeemed, the amount is not debited from the credit card or account of the person making the gift.
3. FITNESS AND HEALTH
By agreeing to these Terms and Conditions Members hereby represent and warrant that they are sufficiently physically fit to participate in the training offered by Booster [Pilates+], and that they have no medical condition that would prevent their participation.
Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Our trainers are not medically qualified so if you have any doubts about your physical condition, wellbeing and capability to exercise, we strongly recommend that you get advice from a doctor first.
It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health.
The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studios facilities.
Members are required to follow the instructions of the instructor at all times.
Booster [Pilates+] does not provide Services and offer classes for new Members who are pregnant. For Members who have been working out for several months at Booster [Pilates+] and who might become pregnant, Booster [Pilates+] reserves the right to offer classes. Please contact us at email@example.com. For women who wish to train and get back in shape after a pregnancy, they need to check with their doctors that they are fit to train again.
4. DRESS / SAFETY AND HYGIENE
Members should attend sessions in gym clothes they feel comfortable to workout in. Although the machines are cleaned after each class, Booster [Pilates+] highly recommends to use toe socks (i.e. non slippery socks) which can be ordered online at www.boosterpilates.ch and picked up in the Studio just before the Member’s session. If there is available stock, and as long as the toe socks have not been worn, the Member can exchange the toe socks in the Studio for another size or colour. The toe socks will not be reimbursed unless they were damaged before the Member even used them.
Footwear should be removed before entry to the Studio and can be placed in a cupboard in the Studios. However Booster [Pilates+] will not be held liable if the shoes are stolen or damaged.
In the interests of safety and hygiene, no crockery, glass or food are permitted in the Studios.
Fire exits, which are clearly marked, are present in the Studios. In the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.
5. BOOSTER [PILATES+] REFERRAL PROGRAM
Booster [Pilates+] is offering a referral program (“Referral Program”) to all Members who want to take part in it. The Referral Program is free of charge. Members can register to the Referral Program while registering with Booster [Pilates+].
Members can earn referral points each time they refer friends (the referral of a client gives right to points when the new client has purchased a qualifying Service) or make posting about Booster [Pilates+] on Google, Facebook or Twitter The qualifying Services, the value of the point and number of points assigned to these different actions can be found under the “Referral Program” www.boosterpilates.ch/referring-friends
If not used, points are not refunded in a monetary equivalent.
Booster [Pilates+] reserves the right to i) amend the rules of the Referral Program from time to time or ii) terminate it and will give Members reasonable prior notice.
6. IMPORTANT LIABILITY STATEMENT
Booster [Pilates+] cannot be held responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. Booster [Pilates+] reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. toilets), provided to Members, without notice and in its absolute discretion and Booster [Pilates+] will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
It is the Member’s responsibility to ensure that he/she is fit and well and capable of undergoing a routine of exercises in the classes, which he attends. Members 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 and or through this Site at no time constitutes medical advice in substitute for advice provided by a medical professional.
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 Site (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 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 Booster [Pilates+] and its instructors for any risks, injury, damages, known or unknown, which you/they may incur as a result of participating in any of the classes or death caused by their negligence or other acts.
Booster [Pilates+] does not take any responsibility for the loss of or damages brought to keys, wallets or other personal belongings whilst you're in the Studios or in the Silhouette Forum Fitness club. Lockers should not be used for storing valuables and if you do so, you leave them at your own risk.
You agree that your use of this Site and the Services is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Booster [Pilates+] does not enter into conditions, warranties or other terms in relation to the Site or the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
The Site may include links to external sites and co-branded pages. Booster [Pilates+] is not responsible for the content of these site and pages or for anything provided by them.
Booster [Pilates+] warrants that the Products and Services will be supplied with reasonable skill and care.
8. SITE USAGE AND INTELLECTUAL PROPERTY RIGHTS
You may use the Site for personal and lawful use and in accordance with these Terms and Conditions and you are not allowed to copy or use any material from the Site for any commercial purpose.
The intellectual property rights in all contents of the Site and supplied as part of the Products or Services, and in the Booster [Pilates+] brands trade marks and logos ("Materials") are owned by Booster [Pilates+]. You are not allowed to make any copies of any part of any Materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. "Booster Pilates" is a registered trademark owned by Booster Pilates AG. You must not use the Booster Pilates brand, logos or marks without written license.
You must not use the Site or the Booster [Pilates+] social media platforms such as Facebook, Google +, YouTube, Pinterest and Twitter pages to post, upload or otherwise transmit material which is threatening, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to hack into this Site or any other related computer system, to deliver viruses or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Booster [Pilates+].
Booster [Pilates+] reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these Terms and Conditions or any breach of applicable law or regulation.
9. YOUR PERSONAL INFORMATION
Booster [Pilates+] collects personal data, when Members voluntarily submit it for the purposes of registering to classes offered by Booster [Pilates+], to make related payments, to receive information from Booster [Pilates+].
This information is only used to fulfill your specific request, unless you give us permission to use it in another manner; for example, to add you to one of our mailing lists or for loyalty programs. Booster [Pilates+] will make every effort to safeguard your personal information in a private, safe and secure manner.
To that effect, Booster [Pilates+] has engaged Mindbody Online (“MBO”), Heal Code and Perkville (for its Loyalty Program) to maintain its schedules, client data, and program registrations. When you link to register for a program you will be redirected to Booster [Pilates+]’s location on MBO’s secure website which certifies that it complies with the U.S. – E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. We also work with a third party to facilitate secure online payments and are compliant with the Payment Card Industry Payment Application Data Security Standard ("PCI PA DSS”).
Booster [Pilates+] may change these Terms and Conditions from time to time and Members should check them regularly. By browsing the Site you are accepting that you are bound by the current Terms and Conditions. These Terms and Conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
These Terms and Conditions shall be governed and interpreted in accordance with Swiss law, and you consent to the jurisdiction of the Swiss courts.
Enquiries or Complaints
If you have any enquiries or complaints contact us at: firstname.lastname@example.org
Terms & Conditions | ©Booster Pilates 2016 | Booster Pilates is the trading name of Booster Pilates AG | Munchhaldenstrasse 15, 8008 Zurich.