SHIVFIT VAJRA TERMS AND CONDITIONS OF USE OWNERSHIP
SHIVFIT VAJRA reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator at email@example.com with your concerns.
ACCESS AND USE
All materials contained in this Site and contents hereof are protected by trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of SHIVFIT VAJRA or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting SHIVFIT VAJRA in writing at Business & Legal Affairs SHIVFIT VAJRA at Saavi Fitess Pvt. Ltd., “1555, New Bhopalpura Near C.P.S. , Udaipur-313001, Rajasthan,INDIA, email at firstname.lastname@example.org
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You agree that any Message whatsoever submitted by you onto the site becomes the property of SHIVFIT VAJRA and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as SHIVFIT VAJRA sees fit.
If unsolicited submissions are sent to SHIVFIT VAJRA via this Site, these submissions become the property of SHIVFIT VAJRA and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as SHIVFIT VAJRA sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against SHIVFIT VAJRA, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
LINKED SITES AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must contact and take written approval from SHIVFIT VAJRA Marketing at Saavi Fitess Pvt. Ltd.
1555, New Bhopalpura Near C.P.S., Udaipur-313001, Rajasthan, INDIA,before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or SHIVFIT VAJRA, including its respective employees, agents, directors, officers and shareholders.
SHIVFIT VAJRA takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
SHIVFIT VAJRA reserves the right to immediately terminate your use of, or access to, this Site at any time if SHIVFIT VAJRA decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that SHIVFIT VAJRA considers to be inappropriate or unacceptable. In such event SHIVFIT VAJRA reserves the right to take appropriate legal action against you
DISCLAIMER OF LIABILITY AND WARRANTIES
While SHIVFIT VAJRA does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that SHIVFIT VAJRA DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that SHIVFIT VAJRA, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that SHIVFIT VAJRA is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that SHIVFIT VAJRA is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive, civil or criminal damages or actions, in connection with or arising from your use or from your inability to use the Site.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to defend, indemnify and hold harmless SHIVFIT VAJRA, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
You shall comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of memberships.
SWEEPSTAKES AND/OR CONTESTS
Individuals may only be a prize winner once in any ninety (90) day period.
Except as explicitly stated otherwise, any notices shall be given by postal mail toSHIVFIT VAJRA Attn: Legal Department, Saavi Fitess Pvt. Ltd, 1555, New Bhopalpura Near C.P.S., Udaipur-313001, Rajasthan INDIA, or to the email address you provide to SHIVFIT VAJRA during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SHIVFIT VAJRA during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
RULES AND REGULATIONS I.
GENERAL POLICIES AND PROCEDURES
The Club shall have the unqualified right to make such rules, regulations, and restrictions in the use of the Club property as it may deem
All signs posted in the Club shall be considered as part of the rules and
No member of the Club shall advertise or permit his membership to be advertised for sale. Memberships are non-assignable and non-voting.
Membership cards are issued to members only and are not to be used by friends or relatives. Infraction of this rule will result in immediate expulsion from the Club. The membership card is Club property, the possession of which may be determined at the Club’s
Charges and fees for services and facilities are subject to change as deemed necessary by the Club. The Club reserves the right to withdraw any complementary services offered to club members without given prior notice at its
In the event it is deemed advantageous to the Club to expand the facilities thereof, the Club may temporarily close for construction and will make reasonable efforts to substitute another facility for its members until such construction is
The Club shall not be responsible or liable for any loss or damage to any property of members or their guests, including their automobiles and contents.
Any member who is loud, offensive, bothersome to other members or behaves otherwise in an unbecoming manner or who is cited for infraction of rules and regulations may be suspended or expelled from the Club. In the event of termination, the unused portion of any advanced payment shall be forfeited to the
Hours and days of operations are posted at the Club and are subject to changes as Club utilization dictates. The Club will remain closed on public holidays & once a month for maintenance.
There will be NO SMOKING permitted on the Club
All members and guests must sign in at the reception desk upon entering the
Members must display membership cards every time they enter the Club. Members are requested to show photo I.D. with their copy of the membership agreement & temporary membership card until they receive the membership cards. Members will not be allowed entry to the Club without a valid membership card. 3 photographs have to be submitted for the formalities & card within 3 working days from the date of sign-up. The membership will not be activated without issuance of the membership card & can be terminated if photographs not received within stipulated
Club services may only be used by Gold’s Gym members in good A member whose basic gym membership has expired must renew in order to take advantage of his privileges.
The Club is not responsible for Lost and Found items. Items found are immediately placed in public lost-and-found
Any notice required or permitted to be given to you shall be considered duly given when personally delivered to you or mailed to your address as it appears on your membership agreement or as subsequently changed by written notice to the Club. No solicitation allowed in club or parking lot.
The club holds a right to reserve “RIGHTS OF ADMISSION” & reserves the right to “TERMINATE A MEMBERSHIP” as and when the management deems
We are committed to providing a safe environment and strict action in accordance with law will be taken against anyone found guilty under sexual harassment behavior. For any complaint under sexual harassment behavior in the gym, you can reach out to us on the contact details specified on the poster at the concerned outlet.
The club will keep the premises shut temporarily if there is a need arising out of an emergency situation taken place in the premises or in the neighbourhood as it deems necessary.
Any damages to Shivfit Vajra facilities or property or the property of any members caused by another member or his/her guest, is the sole responsibility of the offending member. All costs of damages and repairs will have to be borne by the offending member. In case the member does not compensate the Club for the same within 15 days from the date of written notice the membership will be terminated and fees paid for membership or other services or facilities will be forfeited. Additional amount over the amount forfeited will have to be borne by the member.
The Club will provide one towel for use for shower per workout day complimentary. Additional towels if required will be available at a cost as posted in the
Photographic, video or related equipment are not allowed on the premises. Photography is strictly
Music played in the gym will be maintained at a standard decibel. Selection of music will be at the discretion of the management
II. HEALTH CLUB
Members must wear t-shirts (covering the chest and back) at all times in the
Members must be properly attired in standard workout clothes (i.e. leotards, gym shorts. jogging suits) while in exercise
The Club reserves the right to refuse anyone who is not properly attired and/or personally
Please be aware of circuit rules. Do not cut in on the circuit or do sets if other members are
Profanity is not allowed in the gym. Members shall not yell or scream across the
Use of the equipment should be instructed by Program
Return weights to proper racks when
Have a “spotter” when using heavy weights. No dropping the
No littering or leaving debris on the gym
Members who sweat profusely are asked to use towels when using the
Shaving in the gym is strictly
Members and their guests are required to shower prior to massages & using the
Eating and drinking is permitted in the lounge only. Please do not eat and drink in the workout areas.
Belongings may not be left in daily lockers overnight. Locks will be cut off and contents removed. The Club does not accept responsibility for items removed from
No personal belongings (i.e. gym bags, purses, extra clothing, cell-phones, etc.) are allowed in the workout
No member shall solicit or perform personal training services on the premises. No external personal trainers will be allowed to workout in the
All members must allow themselves to a Fitness Assessment, Body Analysis & Fitness Testing before commencement of the exercise
Members can carry out their own workout pattern at their own risk. Management is not responsible for any accidental damage caused due to unadvised exercise
Foot covering (i.e. tennis or aerobic shoes) must be worn at all times in all exercise areas, as well as in the entire Socks and sandals are not allowed. Street shoes are not allowed
No member shall bring in any individual to perform personal training services. External personal trainers have to complete formalities of payments & signing of an agreement form to do so.
All guests must register upon entering the
All guests must execute a Waiver and Release of Liability and Indemnity
Former members and members restricted from the Club may not enter as
Out-of-town guests will be charged guest
Any guest found in the Club who has not paid the guest fee will be charged double and will no longer be able to use the Club. Members are responsible for their
All guest must abide by Club rules and regulations. CHILDREN
Children under the age of 13 are not allowed in the Club expect for attendance of classes and events organized especially for
Membership is subject to realization of cheque & authenticity of currency notes. Membership will be invalid if fees are not received in Guests of Members: Seek desk.
Lost Items : Membership Card – Rs. 1000/-
Personal Coaching Programs: Please inquire from program
VI. WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
You (Buyer, each member and all guests) agree that if you engage in any physical exercise or activity or use any Club facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any club facility on the premises. Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, steam room, lobby area, or any equipment in the Club facility. Member agrees to assume the risk in his or her participation in any activity, class, program, instruction, or Club-sponsored event. You agree that you are voluntarily participating in the aforementioned activities and using the Club facilities and premises and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property or even death. You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Club (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Club, whether active or passive, or any of its affiliates, employees, agents, representatives, successors and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) Club’s improper maintenance of any exercise equipment or facilities, (c) Club’s negligent instruction or supervision, including personal training, and (d) you slipping and falling while on the facility or any portion of the premises for any reason, including Club’s negligent inspection or maintenance of its facility. By execution of this agreement, you hereby agree to indemnity and hold harmless Club from any loss, liability, damage, or cost Club may incur due to your presence at the Club facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be broad and inclusive as permitted by the law in the Courts of India and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST CLUB FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.
These provisions of this contract are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. The Club’s failure to enforce any remedy or provisions in this contract shall not be constructed as a waiver of such remedy or provision. VIII. GOVERNING LAW
This agreement shall be constructed in accordance with the laws of the City with jurisdiction and venue deemed proper in the city as it appears in the address of the gym on page 1 only.
IX. INTEGRATION – ENTIRE AGREEMENT
This agreement constitutes the entire exclusive agreement between the parties and cancels and supersedes prior promises, representations, understandings, and/or agreements between the parties. The agreement may be modified only by an instrument in writing signed by all parties; however, the Club or any assignee of this agreement are authorized to correct patent errors in the agreement (and other related documents.)