GOLD’S GYM INDIA TERMS AND CONDITIONS
GOLD’S GYM INDIA 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 GOLD’S GYM INDIA 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 GOLD’S GYM INDIA in writing at Business & Legal Affairs GOLD’S GYM INDIA at F2 Fun & Fitness (I) Pvt Ltd., “ 202-203, 2nd Floor, Trade Avenue, Suren Road, Off. Western Express Highway, Andheri (East), Mumbai- 400093, Maharashtra, 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 GOLD’S GYM INDIA and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as GOLD’S GYM INDIA sees fit.
If unsolicited submissions are sent to GOLD’S GYM INDIA via this Site, these submissions become the property of GOLD’S GYM INDIA and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as GOLD’S GYM INDIA 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 GOLD’S GYM INDIA, 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 GOLD’S GYM INDIA Marketing at F2 Fun & Fitness (India) Pvt Ltd.
202-203, 2nd Floor, Trade Avenue, Suren Road, Off. Western Express Highway, Andheri (East), Mumbai- 400093, Maharashtra, 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 GOLD’S GYM INDIA, including its respective employees, agents, directors, officers and shareholders.
GOLD’S GYM INDIA 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.
GOLD’S GYM INDIA reserves the right to immediately terminate your use of, or access to, this Site at any time if GOLD’S GYM INDIA 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 GOLD’S GYM INDIA considers to be inappropriate or unacceptable. In such event GOLD’S GYM INDIA reserves the right to take appropriate legal action against you.
DISCLAIMER OF LIABILITY AND WARRANTIES
While GOLD’S GYM INDIA 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 GOLD’S GYM INDIA 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 GOLD’S GYM INDIA, 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 GOLD’S GYM INDIA 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 GOLD’S GYM INDIA 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 GOLD’S GYM INDIA, 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 to GOLD’S GYM INDIA Attn: Legal Department, F2 Fun & Fitness (India) Pvt Ltd., 202-203, 2nd Floor, Trade Avenue, Suren Road, Off. Western Express Highway, Andheri (East), Mumbai- 400093, Maharashtra, INDIA, or to the email address you provide to GOLD’S GYM INDIA 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 GOLD’S GYM INDIA during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Gold’s Gym Fitness Institute (GGFI)
Principles and Standards
Responsibility to the public
GGFI shall be dedicated in providing competent and legally permissible services within the scope of the knowledge, skills & abilities of their course. These services shall be provided with integrity, competence, diligence and compassion.
GGFI provides exercise information in a manner that is consistent with evidence-based science and medicine.
GGFI respects the rights of clients, colleagues & health professionals and shall safeguard client confidences.
Information relating to the GGFI/client relationship is confidential & will not be communicated to a third party not involved in that clients care without the prior consent of the client.
Rules & Regulations
GGFI shall have the unqualified right to make such rules, regulations and restrictions in the use of the institute property as it may deem necessary. All signs posted in the institute premises shall be considered as a part of the rules and regulations.
Applicant must have successfully completed standard 12th and must have the necessary documents to prove the same.
Exams/ Internship / Job offers with Gold’s Gym
Facilities provided at GGFI
I accept responsibility for my use of any and all apparatus, appliances, facility, privileges or service what so ever, owned and operated at this club at my own risk, and shall hold this club, its shareholders, directors, officers, employers, representatives and agents harmless from any and all loss, claim, injury, damage, or liability sustained or incurred by me resulting therefrom.
Fees once paid will not be refunded by the institute in any event whatsoever.
The institute reserves the right to expel students in the event that the conduct of the student is detrimental to the interest of the institute and the other students. The decision of the institute in this regard shall be final and binding on the concerned student. In event of expulsion, the student will not be entitled to claim refund of any amount paid by him to the institute and all amounts shall stand forfeited to the institute.
Gym Membership Payments made availing any Offer will not be refunded or Transferred under any circumstances.
Waiver & Release of Liability:
This agreement contains a waiver and release of liability and indemnity agreement. Do not agree to this agreement before you read it. By agreeing (ticking the I agree check box) below, you acknowledge receipt of a fully completed copy of this agreement executed by you and the institute and a copy of the rules and regulations. You agree to be bound by the terms and conditions contained herein.
I agree to the above terms and conditions and accept the same voluntarily.
RULES AND REGULATIONS
I. GENERAL POLICIES AND PROCEDURES
II. HEALTH CLUB
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.)