CORE | TERMS AND CONDITIONS
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1. INTERPRETATION & VARIATION
1.1 IN THE TERMS & CONDITIONS THE FOLLOWING DEFINITIONS APPLY: “COMPANY” MEANS CORE. “MEMBER/STUDIO USER/CLIENT” MEANS ANY PERSON WHO HAS ACCEPTED THE TERMS & CONDITIONS ONLINE OR FILLED IN A SCREENING FORM WHICH HAS BEEN ACCEPTED BY THE COMPANY. “SCREENING FORM” MEANS THE HEALTH QUESTIONNAIRE FORM SIGNED BY EACH CLIENT. “STUDIO” MEANS THE PILATES & YOGA STUDIO LOCATED AT 49 HIGH STREET BELONGING TO THE COMPANY AS PUBLISHED ON OUR WEBSITE(S). “TERMS & CONDITIONS” AS DEFINED HERE. “WEBSITE” MEANS WWW.COREDUNBAR.CO.UK OR AFFILIATED WEBSITES. “CLASSES” INCLUDE PRIVATE AND GROUP SESSIONS, AS WELL AS ANY EVENTS OR WORKSHOPS. “YOGA & PILATES” INCLUDES BUT IS NOT LIMITED TO: WORKSHOPS, PILATES, YOGA, COREFIT, PREGNANCY, AND MUM & BABY/POSTNATAL CLASSES.
1.2 THE TERMS & CONDITIONS ARE INCORPORATED INTO THE ONLINE BOOKING SYSTEM.
1.3 THE COMPANY RESERVES THE RIGHT TO VARY OR REVOKE ANY OF THE TERMS & CONDITIONS FROM TIME TO TIME WHICH IT MAY CONSIDER NECESSARY OR SUITABLE FOR THE REGULATION OF THE GOVERNANCE OF THE STUDIO & THE CONDUCT OF CLIENTS. ANY SUCH CHANGES WILL BE PUBLISHED ON OUR WEBSITES &, UNTIL REVOKED, ARE BINDING ON CLIENTS.
1.4 THE TERMS & CONDITIONS SHALL BE GOVERNED BY THE LAWS OF SCOTLAND & SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE SCOTTISH COURTS.
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2. STUDIO USER
2.1. WHEN A PERSON HAS SIGNED A SCREENING FORM OR ACCEPTED THE TERMS & CONDITIONS ONLINE THEY SHALL BECOME A STUDIO USER. ACCEPTANCE OF A PERSON AS A STUDIO USER IS AT THE DISCRETION OF THE COMPANY.
2.2 THE COMPANY RESERVES THE RIGHT TO WITHDRAW, SUSPEND OR REFUSE TO RENEW THE ATTENDANCE OF ANY CLIENT WHOSE CONDUCT IS, OR MAY BE DEEMED TO BE IN THE COMPANY’S REASONABLE OPINION, INJURIOUS TO THE CHARACTER OF THE STUDIO OR AMOUNTS TO A BREACH OF THE TERMS & CONDITIONS OR WHERE SUCH EXPULSION IS OTHERWISE TO BE IN THE INTERESTS OF THE OTHER CLIENTS OF THE COMPANY. ANY CLIENT SO EXPELLED SHALL NOT BE ENTITLED TO ANY REFUND FOR ANY PERIOD DURING WHICH THEIR ATTENDANCE IS SUSPENDED.
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3. STUDIO OPENING TIMES
3.1 DETAILS OF CLASS TIMES AT THE STUDIO MAY VARY FROM TIME TO TIME. CLASS TIMES WILL BE PUBLISHED BY THE STUDIO ON OUR WEBSITE AND ON MIND BODY ONLINE.
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4. PAYMENT TERMS
4.1 DETAILS OF CLASS PRICES & CLASS CARD PRICES ARE AVAILABLE ON OUR WEBSITE(S) OR SHALL BE SUCH PRICES AS DETERMINED BY THE COMPANY FROM TIME TO TIME.
4.2 PAYMENTS FOR CLASSES AT THE STUDIO DO NOT ENTITLE YOU TO ATTEND CLASSES OF ANY OTHER YOGA TEACHER HIRING THE STUDIO INDEPENDENTLY OF CORE, DUNBAR.
4.3 SUBJECT TO ANY STATUTORY RIGHT OF CANCELLATION, PAYMENTS FOR CLASSES, AND APPOINTMENTS ARE NON-REFUNDABLE UNLESS OTHERWISE STATED IN THE TERMS & CONDITIONS. (EXCEPTIONS MADE FOR CERTAIN MEDICAL/PERSONAL CIRCUMSTANCES AT THE COMPANY’S DISCRETION). PRIVATE APPOINTMENTS ARE NON-REFUNDABLE IF CANCELLED WITHIN 24 HOURS OF RESERVATION TIME.
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5. PERSONAL BELONGINGS
5.1 PERSONAL BELONGINGS ARE BROUGHT INTO THE STUDIO PREMISES AT THE CLIENT’S RISK & THE COMPANY DOES NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE WHATEVER TO SUCH ITEMS. FOR SECURITY REASONS CLIENTS ARE ADVISED TO PLACE PERSONAL BELONGINGS IN THEIR BOX & NOT LEAVE THEM BY THE DOOR. ALTHOUGH WE WILL ALWAYS ENDEAVOUR TO RETURN ANY ARTICLES OF LOST PROPERTY TO THE OWNER, WE DO NOT TAKE RESPONSIBILITY FOR ANY ITEM HELD IN LOST PROPERTY. SUCH ITEMS WILL BE KEPT UNTIL CLAIMED, BUT FOR NO LONGER THAN ONE WEEK AFTER WHICH TIME THE ITEMS WILL EITHER BE DONATED TO CHARITY OR DESTROYED. IN SCOTLAND, AND TO COMPLY WITH THE CIVIC GOVERNMENT OF SCOTLAND ACT, VALUABLE ITEMS OF LOST PROPERTY WILL BE PASSED TO THE LOCAL POLICE STATION AT THE EARLIEST CONVENIENCE.
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6. ONLINE BOOKING
6.1 FACILITIES & RULES ARE AS FOLLOWS: CLASSES CAN BE BOOKED ONLINE IN ADVANCE. WHEN CLASSES HAVE REACHED THEIR ONLINE BOOKING CAPACITY YOU CAN ADD YOURSELF TO THE WAITLIST. IF YOU ARE ON THE WAITLIST YOU WILL AUTOMATICALLY BE ALLOCATED A SPACE IN THE CLASS ONCE A SPOT BECOMES AVAILABLE AND OUR BOOKING SYSTEM WILL EMAIL YOU A NOTIFICATION.
6.2 THERAPY APPOINTMENTS CAN BE BOOKED ONLINE.
6.3 ONLINE BOOKING REQUIRES CREATION OF AN ACCOUNT ON CORE'S MINDBODYONLINE SYSTEM. IF YOU PREFER NOT TO CREATE AN ACCOUNT, PLEASE EMAIL OR PHONE CORE TO BOOK INSTEAD.
6.4 ONCE AN ONLINE ACCOUNT HAS BEEN CREATED, USERS CAN LOG IN TO AMEND, DELETE OR VIEW THE INFORMATION ON THEIR PROFILE AND TO CHANGE PREFERENCES REGARDING EMAIL NOTIFICATIONS AND REMINDERS FOR APPOINTMENTS AND CLASSES.
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7. USE OF FACILITIES
7.1 A CLIENT IS ENTITLED TO USE THE STUDIO’S FACILITIES ONLY DURING SCHEDULED CLASS TIMES WHERE A PAID SPACE HAS BEEN RESERVED IN ADVANCE BY THE CLIENT. THIS IS PROVIDING ALWAYS THAT THE STUDIO MAY AT ANY TIME WITHDRAW ALL OR PART OF ITS FACILITIES FOR ANY PERIOD OR PERIODS & WITH NOTICE, WHERE PRACTICAL, IN CONNECTION WITH ANY CLEANING, REPAIR, ALTERATION OR MAINTENANCE WORK OR FOR REASONS BEYOND THE CONTROL OF THE STUDIO OR THE COMPANY.
7.2 CHILDREN UNDER THE AGE OF 16 MAY NOT USE THE STUDIO OR ATTEND REGULAR CLASSES. HOWEVER, CHILDREN ARE ABLE TO ATTEND CLASSES OR WORKSHOPS PROVIDED BY SPECIALLY TRAINED AND QUALIFIED TEACHERS AT THE STUDIO’S DISCRETION. THE STUDIO RESERVES THE RIGHT OF REFUSAL FOR ANY MINOR TO PRACTICE ACCORDING TO CLAUSE 8.1. FOR POSTNATAL/MUM & BABY CLASSES, THE PARENT IS RESPONSIBLE FOR THEIR CHILD AT ALL TIMES AND CORE ACCEPTS NO RESPONSIBLITY FOR THE HEALTH AND WELFARE OF THE CHILD WHILE AT CORE.
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8. FITNESS & HEALTH
8.1 CLIENTS ARE ADVISED NOT TO UNDERTAKE STRENUOUS PHYSICAL ACTIVITIES WITHOUT FIRST SEEKING MEDICAL ADVICE IF THEY HAVE CONCERNS OVER THEIR PHYSICAL CONDITION. THE STUDIO RESERVES THE RIGHT TO REFUSE ACCESS TO ANY CLIENTS IF, IN ITS ABSOLUTE DISCRETION, IT CONSIDERS THAT THE HEALTH OF THE INDIVIDUAL CONCERNED MAY BE ENDANGERED BY THE USE OF SUCH FACILITIES.
8.2 CLIENTS WITH THE FOLLOWING CONDITIONS SHOULD NOT ATTEND CLASS: SEVERE OR MINOR INJURIES, RECENT SURGERY, LOW/HIGH BLOOD PRESSURE & CARDIAC IRREGULARITIES OR ANY OTHER CONDITIONS THAT MAY AFFECT THEIR PRACTICE. IF THERE IS ANY DOUBT OF PHYSICAL OR MENTAL HEALTH, THE CLIENTS MUST CONSULT HIS/HER DOCTOR BEFORE ATTENDING CLASSES. CLIENTS GUESTS MUST IMMEDIATELY NOTIFY THE STUDIO OF ANY CIRCUMSTANCES AFFECTING THEIR HEALTH WHICH MAY BE AFFECTED THROUGH CONTINUED USE OF THE STUDIO. IT IS IMPORTANT TO NOTE THAT THE COMPANY’S TEACHERS ARE NOT TRAINED MEDICAL PROFESSIONALS AND ARE NOT QUALIFIED TO DEFINE SOMEONE’S ABILITY OR LACK THERE OF TO PARTICIPATE IN ANY CLASS. THIS FALLS TO THE PERSONAL RESPONSIBILITY OF EACH CLIENT TO UNDERSTAND THEIR OWN PHYSICAL LIMITATIONS.
8.3 CLIENTS ARE REQUIRED TO FOLLOW THE INSTRUCTIONS OF THE TEACHER AT ALL TIMES.
8.4 IF YOU ARE LESS THAN 12 WEEKS PREGNANT AND HAVE NOT BEEN ATTENDING CLASSES AT CORE THEN YOU MAY NOT ATTEND ANY CLASSES AT CORE UNTIL AFTER 12 WEEKS WHEN YOU HAVE HAD THE PERMISSION FROM YOUR MIDWIFE/DOCTOR. IF YOU ALREADY ATTEND CLASSES AT CORE AND FALL PREGNANT, IT IS YOUR RESPONSIBILITY TO DECIDE WHETHER YOU SHOULD CONTINUE WITH YOUR CURRENT CLASS OR STOP UNTIL AFTER YOUR 12 WEEK SCAN. IF YOU SUSPECT YOU MAY BE PREGNANT PLEASE CONSULT A DOCTOR.
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9. DRESS, FOOTWEAR & ETIQUETTE
9.1 CLIENTS ARE REQUESTED TO WEAR A FORM OF DRESS APPROPRIATE TO THE PRACTICE OF PILATES & YOGA. FOOTWEAR SHOULD BE REMOVED ON ENTRY TO THE PREMISES & LEFT ON THE SHOE RACK PROVIDED IN ACCORDANCE WITH INSTRUCTIONS. INAPPROPRIATE CLOTHING WILL NOT BE ALLOWED WHEN PARTICIPATING IN CLASSES. THIS IS ABSOLUTELY AT THE STUDIO’S DISCRETION, IF YOU HAVE ANY QUESTIONS PLEASE CONTACT A MEMBER OF STAFF.
9.2 SOCKS ARE RECOMMENDED FOR PILATES, GRIP SOLE SOCKS ARE IDEAL. FOR YOGA GRIP SOLE SOCKS ARE ALSO RECOMMENDED BUT YOU CAN PRACTICE IN BARE FEET IF YOU PREFER.
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10. SAFETY & HYGIENE
10.1 SMOKING IS NOT ALLOWED ANYWHERE ON THE PREMISES.
10.2 DO NOT WALK AROUND THE STUDIO BAREFOOT (PLEASE WEAR SOCKS) IF YOU HAVE FOOT COMPLAINTS.
10.3 CLIENTS MUST USE THE APPOINTED ENTRANCE TO THE STUDIO WHEN ENTERING OR LEAVING THE STUDIO. FIRE EXITS, WHICH ARE CLEARLY MARKED, ARE THERE IN THE INTERESTS OF SAFETY & CLIENTS MUST NOT INTERFERE WITH THESE DOORS FOR ANY REASON. IN THE EVENT OF A FIRE, CLIENTS ARE ASKED TO MAKE THEIR WAY TO THE NEAREST AVAILABLE EXIT. CLIENTS ARE ASKED TO MEET AT THE DESIGNATED ASSEMBLY POINT.
10.4 IT IS UP TO CLIENTS TO ENSURE THEY MAINTAIN A HIGH LEVEL OF PERSONAL HYGIENE. THIS INCLUDES BUT IS NOT LIMITED TO BODY ODOUR, GENERAL PERSONAL CLEANLINESS AND FRESH CLOTHES. THE TEACHERS MAY REFUSE ENTRY OR ASK A CLIENT TO LEAVE A CLASS IF THEY BELIEVE ANY OF THE PREVIOUS ARE AFFECTING THE PRACTICE OF OTHERS.
10.5 CLIENTS WITH ANY HEALTH COMPLAINTS THAT THEY KNOW OR BELIEVE TO BE CONTAGIOUS SHOULD NOT ATTEND CLASS, UNTIL A 48 HOUR PERIOD HAS PASSED SINCE THE LAST SYMPTOMS HAVE OCCURRED. IF IN DOUBT PLEASE REFER TO YOUR DOCTOR.
10.6 UNDER NO CIRCUMSTANCE, SHOULD A CLIENT UNDER THE INFLUENCE OF ALCOHOL, PRESCRIPTION OR NON-PRESCRIPTION DRUGS THAT CAN IMPAIR SOMEONE’S JUDGEMENT, ATTEND CLASS. IF THERE IS ANY DOUBT PLEASE REFER TO YOUR DOCTOR.
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11. GENERAL GUIDELINES
11.1 CLIENTS MUST ALWAYS OBSERVE THE STUDIO RULES AND GUIDELINES AND WHICH MAY BE NOTIFIED TO THEM FROM TIME TO TIME. CLIENTS 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.
11.2 CLIENTS ARE REQUIRED TO SEND AN EMAIL TO GIVE NOTICE TO THE COMPANY OF ANY CHANGE OF ADDRESS, EMAIL OR CONTACT NUMBER. FAILING SUCH NOTICE, ALL COMMUNICATIONS SHALL BE ASSUMED TO HAVE BEEN RECEIVED BY THE CLIENT WITHIN 5 DAYS OF MAILING TO THE LAST ADDRESS NOTIFIED TO THE COMPANY.
11.3 THE COMPANY RESERVES THE RIGHT TO REFUSE ADMISSION TO THE STUDIO OR THERAPY ROOMS.
11.5 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 & CONDITIONS. THE CLIENT ALSO ACCEPTS ANY RISK THAT EMAIL MAY NOT BE A FULLY SECURE & CONFIDENTIAL MEANS OF COMMUNICATION. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF COMMUNICATING WITH A CLIENT IN THIS MANNER.
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12. LIMITATION OF LIABILITY
12.1 THE COMPANY CANNOT BE HELD RESPONSIBLE FOR ANY SERVICE OR EQUIPMENT NOT BEING AVAILABLE FOR WHATEVER REASON. THE COMPANY RESERVES THE RIGHT TO MAKE ALTERATIONS TO THE TYPES OF FACILITIES PROVIDED, WITHOUT NOTICE & IN ITS ABSOLUTE DISCRETION & THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OCCASIONED BY SUCH ALTERATIONS EXCEPT IN SO FAR AS LOSS IS BY LAW INCAPABLE OF EXCLUSION.
12.2 IT IS THE CLIENT’S RESPONSIBILITY TO ENSURE THAT THEY ARE CAPABLE OF UNDERGOING A ROUTINE OF EXERCISES PROVIDED BY ANY PROGRAM THAT THEY FOLLOW OR CLASS THAT THEY ATTEND. CLIENTS ACCEPT THE RISK OF INJURY FROM PERFORMING EXERCISES & ARE ADVISED TO CONSULT THEIR DOCTOR PRIOR TO BEGINNING ANY PROGRAM OR CLASS. THE COMPANY ACCEPTS NO LIABILITY FOR LOSS OR DAMAGE TO PROPERTY OR INJURY OF CLIENTS OR THEIR GUESTS TO THEM ON THE STUDIO PREMISES OR OUTSIDE THE STUDIO EXCEPT IN SO FAR AS SUCH LOSS, DAMAGE, OR INJURY IS BY LAW INCAPABLE OF EXCLUSION. SPORT AND EXERCISE BY THEIR VERY NATURE BRING ABOUT INHERENT RISKS OF INJURY WITH SOME CARRYING A MUCH GREATER RISK. CLIENTS ACCEPT, AS WITH ANY SPORT, THERE IS ALWAYS SOME RISK OF INJURY.
12.3 THIS DISCLAIMER GOVERNS ALL OF OUR CLASSES. PLEASE READ THIS DISCLAIMER BEFORE TAKING PART IN ANY CLASS. YOU ACKNOWLEDGE THAT ALL EXERCISE INVOLVES A RISK OF PERSONAL INJURY, INCLUDING A SMALL RISK OF SERIOUS INJURY OR DEATH, AND AGREE TO TAKE RESPONSIBILITY FOR YOUR HEALTH AND WELL-BEING IN RELATION TO OUR CLASSES.
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13. WEBSITE TERMS & CONDITIONS
13.1 INFORMATION PUBLISHED ON THIS WEBSITE IS PROVIDED FOR THE USE OF ITS VISITORS & YOU ARE ADVISED THAT, ALTHOUGH CARE HAS BEEN TAKEN TO ENSURE TECHNICAL & FACTUAL ACCURACY, SOME ERRORS MAY OCCUR. NO GUARANTEE IS GIVEN OF THE ACCURACY OR COMPLETENESS OF INFORMATION ON THESE PAGES. PLEASE BE AWARE THAT THE COMPANY MAY ALTER THE INFORMATION ON ITS WEBSITE FROM TIME TO TIME. THE COMPANY SHALL HAVE NO LIABILITY ARISING FROM THE USE BY ANY PARTY OF THE INFORMATION ON THIS WEBSITE. THE COMPANY DOES NOT WARRANT THE INFORMATION ON THIS WEBSITE IN ANY WAY & IN PARTICULAR NO WARRANTY IS GIVEN THAT THE WEBSITE OR ITS CONTENTS OR HYPERTEXT LINKS ARE VIRUS FREE OR UNCONTAMINATED. YOU ARE ADVISED TO MAKE YOUR OWN VIRUS CHECKS & TO IMPLEMENT YOUR OWN PRECAUTIONS IN THIS RESPECT. THE COMPANY EXCLUDES ALL LIABILITY FOR CONTAMINATION OR DAMAGE CAUSED BY ANY VIRUS OR ELECTRONIC TRANSMISSION.
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14. RETURN / REFUND POLICY
14.1 PAYMENT FOR ALL CLASSES MUST BE RECEIVED AT THE TIME OF BOOKING IN ORDER TO ENSURE YOUR SPACE IN THE CLASS.
14.2 IF A STUDIO USER IS UNABLE TO ATTEND THEIR USUAL CLASS ON A PARTICULAR DATE, IT MAY BE POSSIBLE TO ARRANGE AN ALTERNATIVE CLASS FOR THAT WEEK BUT THIS IS AT THE DISCRETION OF THE STUDIO OWNER AND SUBJECT TO SUITABLE SPACES BEING AVAILABLE.
14.3 THERAPY APPOINTMENT PAYMENTS ARE NON-REFUNDABLE. NON-ATTENDANCE OR CANCELLATION WITH LESS THAN 24 HOURS NOTICE WILL RESULT IN A 50% CANCELLATION FEE BEING APPLIED.
14.4 GIFT CARDS OR ACCOUNT CREDITS ARE NON-REFUNDABLE.
14.6 CLASS BLOCK FEES ARE NON-REFUNDABLE, HOWEVER IN EXCEPTIONAL CIRCUMSTANCES MAY BE TRANSFERRED TO ANOTHER BLOCK OR CLASS TIME ONLY AFTER PERMISSION FROM MANAGEMENT.
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15. PRIVACY & SECURITY POLICY
YOUR PERSONALLY IDENTIFIABLE INFORMATION IS KEPT SECURE. SYSTEMS ARE PASSWORD PROTECTED BY A PROFESSIONAL HOSTING COMPANY. ONLY AUTHORIZED STAFF (WHO HAVE AGREED TO KEEP INFORMATION SECURE & CONFIDENTIAL) HAVE ACCESS TO THIS INFORMATION. ALL EMAILS & NEWSLETTERS FROM OUR SITES ALLOW YOU TO OPT OUT OF FURTHER MAILINGS. PLEASE NOTE THAT THE COMPANY WILL NOT BE HELD LIABLE FOR ANY BREACH OF SECURITY UNLESS WE HAVE BEEN PROVED NEGLIGENT.
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MEDICAL DISCLAIMER
(1) THIS DISCLAIMER GOVERNS ALL OF OUR CLASSES. PLEASE READ THIS DISCLAIMER BEFORE TAKING PART IN ANY CLASS. YOU ACKNOWLEDGE THAT ALL EXERCISE INVOLVES A RISK OF PERSONAL INJURY, INCLUDING A SMALL RISK OF SERIOUS INJURY OR DEATH, AND AGREE TO TAKE RESPONSIBILITY FOR YOUR HEALTH AND WELL-BEING IN RELATION TO OUR CLASSES.
(2) YOU ACKNOWLEDGE AND REPRESENT THAT: TO THE BEST OF YOUR KNOWLEDGE, YOU SUFFER FROM NO MEDICAL OR PHYSICAL CONDITION OR DISABILITY THAT WILL OR MIGHT INCREASE THE NORMAL RISKS ASSOCIATED WITH EXERCISE. IF YOU DO SUFFER FROM ANY CONDITION OR DISABILITY, THEN YOUR DOCTOR IS REQUIRED TO APPROVE YOUR PARTICIPATION IN OUR CLASSES. YOU MUST INFORM US, AS SOON AS POSSIBLE, IF: YOU SUFFER FROM ANY NEW OR EXISTING INJURY, ILLNESS OR OTHER MEDICAL CONDITION; YOU FEEL ANY PAIN OR DISCOMFORT DURING A CLASS; OR YOU FEEL THAT ANY EXERCISE INCLUDED IN A CLASS WOULD BE UNSAFE OR UNCOMFORTABLE FOR YOU. WE MAY IN OUR SOLE DISCRETION PROHIBIT YOU FROM PARTICIPATING IN A CLASS; AND YOU MUST COMPLY WITH ALL OF OUR INSTRUCTIONS IN RELATION TO OUR CLASSES.
(3) YOU ACKNOWLEDGE THAT WHIST OUR TEACHERS ARE TRAINED PROFESSIONALS, THEY ARE NOT MEDICALLY TRAINED PROFESSIONALS AND HAVE NO ABILITY OTHER THAN PERSONAL EXPERIENCE TO ASSESS SOMEONE’S ABILITY TO COMPLETE AND OR ATTEND ANY CLASS. THE RESPONSIBILITY OF ASSESSING YOUR OWN FITNESS AND OR PHYSICAL HEALTH TO ATTEND ANY CLASS SOLELY RELIES ON YOU AND YOUR DOCTOR.
(4) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 5 BELOW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND GUARANTEES RELATING TO OUR CLASSES. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING PARAGRAPH, WE DO NOT REPRESENT, WARRANT, UNDERTAKE OR GUARANTEE: THAT YOU WILL NOT SUFFER FROM ANY INJURY ARISING DIRECTLY OR INDIRECTLY OUT OF OUR CLASSES; THAT YOUR FITNESS WILL MEASURABLY IMPROVE AS A RESULT OF PARTICIPATION IN OUR CLASSES; OR THAT CLASSES WILL CONTINUE TO RUN FOR ANY SPECIFIC PERIOD.
(5) THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET OUT IN THIS SECTION AND ELSEWHERE IN THIS DISCLAIMER: ARE SUBJECT TO SECTION 6 BELOW; AND GOVERN ALL LIABILITIES ARISING UNDER THE DISCLAIMER OR IN RELATION TO OUR CLASSES, INCLUDING LIABILITIES ARISING IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) AND FOR BREACH OF STATUTORY DUTY. WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY PERSONAL INJURY (INCLUDING WITHOUT LIMITATION SERIOUS INJURY OR DEATH) THAT YOU MAY SUFFER OR SUSTAIN DIRECTLY OR INDIRECTLY AS A RESULT OF ATTENDING OUR CLASSES. NOR WILL WE BE LIABLE TO YOU IN RESPECT OF ANY OTHER LOSSES ARISING AS A RESULT OF ANY SUCH PERSONAL INJURY. WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY OF YOUR PERSONAL PROPERTY THAT IS LOST, STOLEN OR DAMAGED BEFORE, DURING OR AFTER A CLASS. WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSSES ARISING OUT OF ANY EVENT OR EVENTS BEYOND OUR REASONABLE CONTROL. WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY BUSINESS LOSSES, INCLUDING (WITHOUT LIMITATION) LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, USE, PRODUCTION, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES OR GOODWILL. WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
(6) NOTHING IN THIS DISCLAIMER SHALL: LIMIT OR EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; LIMIT OR EXCLUDE OUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; LIMIT ANY OF OUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW; OR EXCLUDE ANY OF OUR LIABILITIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
(7) SEVERABILITY: IF A SECTION OF THIS DISCLAIMER IS DETERMINED BY ANY COURT OR OTHER COMPETENT AUTHORITY TO BE UNLAWFUL AND/OR UNENFORCEABLE, THE OTHER SECTIONS OF THIS DISCLAIMER CONTINUE IN EFFECT. IF ANY UNLAWFUL AND/OR UNENFORCEABLE SECTION WOULD BE LAWFUL OR ENFORCEABLE IF PART OF IT WERE DELETED, THAT PART WILL BE DEEMED TO BE DELETED, AND THE REST OF THE SECTION WILL CONTINUE IN EFFECT.
(8) OUR DETAILS IN THIS DISCLAIMER, “WE” MEANS (AND “US” AND “OUR” REFER TO) THE COMPANY.