1.1 In the Terms and Conditions the following definitions apply:
1.1.1 "Company" means Lagree Active Limited (T and B licence 54434) and its affiliates (trading as Lagree Active).
1.1.2 "Member" means any person that has completed and submitted the online registration form (the "Registration Form") at the Lagree Active website, www.lagree-active.com, and which registration has been accepted by the Company.
1.1.3 "Studio" means any one of the Lagree Active studios, from time to time, and a reference to an in the Terms and Conditions will be to the relevant studio at which a Member has booked to attend a class or private lesson.
1.1.4 "Terms and Conditions" means these terms and conditions.
1.2 References in the Terms and Conditions 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 The Terms and Conditions are incorporated into the Registration Form.
1.4 The Company reserves the right to vary and revoke 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 Members. Any such changes will be notified to Members and, until revoked, are and will be binding on Members. You agree to review the Terms regularly and your continued access or use of the Site will mean that you agree to any changes.
1.5 The Terms and Conditions will be governed by the laws of the Cayman Islands and subject to the exclusive jurisdiction of the Cayman Islands courts.
1.6 If you access and use this Website (the "Site"), you accept and agree to be bound by and comply with these terms (the "Terms"). If you do not accept the Terms, do not use the Site.
2.1 Subject to these terms and conditions, when a person has completed the Registration Form they will become a Member of the Studio.
2.2 All services purchased from Lagree Active must be preceded by the applicant acknowledging, by way of accepting these terms, that he/she has no physical limitations preventing him/her from participation.
2.3 Acceptance of a person as a Member is at the absolute discretion of the Company.
2.4 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member 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 where such expulsion is otherwise in the interests of the other members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended.
2.5 If a Member brings a guest to the Studio for a class that guest must before the commencement of the relevant class become a Member in accordance with and subject to the Terms and Conditions.
2.6 All applicants under the age of 16 years must have consent, in written form, from a parent or guardian, which must be made available on request.
3 STUDIO OPENING TIMES
3.1 Details of class times at the Studio may vary from time to time. Classes will be published by the Studio and will be available either at the Studio or at www.lagree-active.com
4 PAYMENT TERMS
4.1 Details of Lagree Active pricing packages and class prices are available either at www.lagree-active.com or directly from the Studio and will be such prices as determined by the Company from time to time.
4.2 Unless otherwise stated in the promotion or offer a receipt, Lagree Active credit is valid for 12 months from and including the date of purchase and are non-refundable.
4.3 All credit and debit cards will be processed in Cayman dollars at the time of payment. Lagree Active is not responsible for any fees, charges, exchange rates or additional charges levied by individual financial institutions or credit or debit card companies.
4.4 A Member may not attend any class at the Studio without first booking and paying for the relevant class.
4.5 Payments for classes in any amount are non-refundable unless otherwise stated in the Terms and Conditions.
4.6 With the exception of the Monthly and complimentary packages, Lagree Active credit is fully transferable to any other related or unrelated parties.
4.7 Monthly Packages may only be used for one class per day, limited to 5 visits per week, and may not be shared with or transferred to any family members or unrelated parties.
5 REFUND AND CANCELLATION POLICY
5.1 A Member may only book or reschedule classes for themselves via their personal user access on www.lagree-active.com, in-person at the studio, or over the phone.
5.2 Private Training
5.2.1 If your scheduling conflict is known in advance and we are notified at least 12 hours ahead of time, it MAY be possible to make the session up at a later date or with a different trainer. However, this cannot be guaranteed.
5.2.2 Any sessions missed with less than 12 hours notification are forfeited. If you have not already paid for the session, you will be charged for the full amount of the session. No further sessions will be conducted until the outstanding payment is received. Additionally, reserved time slots may be lost if payment is not made in a timely manner.
5.3.1 Pre-paid classes are cancellable if we are notified at least 12 hours ahead of time. There is no refund on Lagree Active credit purchased in advance.
5.3.2 Any notification under 12 hours before the start of the class or a no-show will be charged at the full class rate. Notice of Early Cancellation must be provided by email (email@example.com) or verbal confirmation with a member of Lagree Active staff. Voicemail is not an acceptable confirmation of Early Cancellation.
5.3.3 Classes are booked on a first-come-first-served basis. A Member may use the waiting list facility at www.lagree-active.com in the event that his first choice class is unavailable. If a Member joins the waiting list for a particular class and then books that class his booking will be subject to the Terms and Conditions in the usual way.
5.4 Products - Fitness Equipment and Accessories
5.4.1 May be returned within 14 days for exchange only. Returns are valid only for products that have not been opened, used, or damaged.
5.4.2 Products which are defective or damaged upon arrival may be returned immediately for exchange.
5.4.3 Refunds are only available when an equivalent replacement is unavailable and the customer does not wish to exchange for another product.
5.5 Food and Beverage - Lagree Active reserves the right not to refund or exchange any opened and partially consumed products.
6 FITNESS AND HEALTH
6.1 By agreeing to these Terms and Conditions, Members 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 difficulties); diabetes, epilepsy or any allergy) that may affect their participation in any class at the Studio.
6.2 It is the Member’s sole responsibility to notify the Studio before attending any class 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 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. Members may train (with consent from their Doctor sent to the Lagree Active office) during pregnancy until the end of their 2nd trimester only.
6.4 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 Studio facilities.
6.5 Members are required to follow the instructions of the instructor at all times.
7 LIMITATION OF LIABILITY
7.1 The Company cannot be held responsible for any particular class, instructor, and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the classes, instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice, and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class 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. The advice provided by our instructors at no time constitutes medical advice in substitute for the advice provided by a medical professional.
7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members 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 programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member 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 Member 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 or maintenance work or for reasons beyond the control of the Studio or the Company.
8.2 Children under the age of 16 must be accompanied by an adult to private 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
9.1 Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
10.1 Members are requested to wear a form of dress appropriate to the activities being undertaken. Lagree Active recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Lagree Active Members ARE required to attend sessions with grip socks, which are available for purchase at reception. Any other footwear should be removed prior to entering the Lagree Active workout area.
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. Only water is permitted in the Studio. 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, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints.
11.3 Members 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 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.
12.1 Members 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 Member 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 Registration Process and a Member's membership to a third party at any time without notice to the Member.
12.4 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
12.5 The Company may, if a Member so wishes communicate with the Member by electronic mail ("email"). By providing an email address to the Company the Member consents to receive email communications from the Company, including notices pursuant to the Terms and Conditions. The Member 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 Member by email.
12.6 Members 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 Members.
12.7 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 Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright.
12.8 No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.
12.9 Links from or to web sites outside the Site are meant for convenience only. Lagree Active does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and Lagree Active will not be responsible or liable for any damages in connection with linking.
12.10 Links to downloadable software sites are for convenience only and Lagree Active is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
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