Atlantic Suites Health Club Limited
57/63 Line Wall Road
00350 200 42513
Registered Company Number: 99353
By accessing, browsing, and/or using the Site and/or any facility operated by Reshape & Rumble (a “Club”), you accept and agree to be bound to these Terms. In addition, when using particular Reshape & Rumble services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.
R&R Package holders receive the number of classes commensurate with the package purchased. Such classes may be redeemed at any studio operated by Reshape & Rumble until such time that the R&R Package is exhausted whether through consumption or expiry. R&R Package holders may transfer or gift classes to third parties, including to other R&R Package holders. Reshape & Rumble makes no guarantee on the availability of classes as access to classes is on a space-available basis.
R&R PACKAGE EXPIRY
Your R&R Package starts on the date that you make payment in full via a valid Payment Method. R&R Packages contain between one, five, ten andtwenty-five classes and expire from the date of purchase. Expiry dates are as follows: 1 session: 30 days. 5 sessions: 90 days. 10 sessions: 6 months. 25 sessions: 9 months.
R&R Passes and/or R&R Packages only give access to the class for which you signed up (at the specified time and location). You are responsible for paying cancellation fees of £10/reactivation fees.
TERMINATION BY Reshape & Rumble
You agree that Reshape & Rumble, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Reshape & Rumble or use of the Site and/or Club and remove and discard all or any part of your account or any content uploaded by you, at any time. Reshape & Rumble may also in its sole discretion and at any time discontinue providing access to the Site and/or Club, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof and/or Club may be effected without prior notice, and you agree that Reshape & Rumble will not be liable to you or any third party for any such termination, provided that, if Reshape & Rumble terminates your account other than due to breach by you of these Terms, Reshape & Rumble shall refund a pro-rata proportion of the fee paid for theR&R Package in which such termination takes effect. Reshape & Rumble does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site and/or Club may be referred to appropriate law enforcement bodies. These remedies are in addition to any other remedies that Reshape & Rumble may have at law.
Applicable only to corporate accounts authorized by us: If you are using or opening an account on the Site on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms.
You agree that the information you provide to Reshape & Rumble on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
PROHIBITED CLUB CONDUCT
By using the Site, you promise to:
PROHIBITED SITE CONDUCT
By using the Site, you promise not to:
PROHIBITED SITE USES
Those who choose to access the Site do so at their own initiative and are responsible for compliance with all applicable laws
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You must be 16 years of age or older to use this Site or to purchase an R&R Package.
General. The Site provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by Reshape & Rumble. Reshape & Rumble cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Reshape & Rumble, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
Right to Remove or Edit User Submissions. Reshape & Rumble makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice.
License Grant by You to Reshape & Rumble. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Reshape & Rumble, you hereby grant Reshape & Rumble and its affiliates, sub-licensees, partners, designees, and assignees of the Site (collectively, the “Reshape & Rumble Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Reshape & Rumble’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (1) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Reshape & Rumble to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Reshape & Rumble and these Terms, and to grant the rights and license set forth above, and (2) your User Submissions, Reshape & Rumble’s or any Reshape & Rumble Licensee’s use of such User Submissions pursuant to these Terms, and Reshape & Rumble’s or any of Reshape & Rumble Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) cause injury to any other person; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others. Reshape & Rumble may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that Reshape & Rumble determines in its sole discretion to be violative of the standards of this Site. Reshape & Rumble takes no responsibility and assumes no liability for any User Submissions.
Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Reshape & Rumble does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT NEITHER Reshape & Rumble (NOR ANY MEMBER OF THE Reshape & Rumble GROUP OF COMPANIES (AND ANY SUBSIDIARY OF SUCH ENTITY), HAS ANY LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.
Feedback. If you provide Reshape & Rumble with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Reshape & Rumble shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Reshape & Rumble a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
When using the Site and/or the Club, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the “FAQs”). All such FAQs are hereby incorporated by reference into these Terms.
OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by Reshape & Rumble. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Reshape & Rumble (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of Reshape & Rumble or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names used by us on the Site are proprietary to Reshape & Rumble or its affiliates and/or third-party licensors. Except as expressly authorized by Reshape & Rumble, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Site may include links to other web sites or services (“Linked Sites”) solely as a convenience to users. Reshape & Rumble does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Reshape & Rumble makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT Reshape & Rumble WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
Notices will be sent to you at the email address that you provided to Reshape & Rumble during the registration process. Notices may be sent to us at the email address: [email protected]Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.
DISCLAIMERS; NO WARRANTIES
YOU AGREE THAT ATTENDANCE AT OR USE OF ANY SUCH CLASSES, ACTIVITIES, OR OTHER SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL Reshape & Rumble BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE OR PARTICIPATION IN A CLASS, SERVICE OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE IN CONNECTION WITH THE SERVICES.
UNLESS OTHERWISE EXPRESSLY STATED BY Reshape & Rumble, THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Reshape & Rumble, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
UNLESS OTHERWISE EXPRESSLY STATED BY Reshape & Rumble, Reshape & Rumble, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (1) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (2) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
LIMITATION OF LIABILITY AND DAMAGES
Nothing in these terms (including BUT NOT LIMITED TO THE “DISCLAIMERS” ABOVE AND LIMITATIONS OF LIABILITY BELOW) is intended to exclude or limit any liability that we may have to you by operation of applicable law. This includes liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. It is acknowledged however, that we accept no liability for THE NEGLIGENCE OF THIRD PARTIES. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Reshape & Rumble OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE CLUB AND/OR THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE FACILITIES IN THE CLUB OR THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH Reshape & Rumble, EVEN IF Reshape & Rumble OR A Reshape & Rumble AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Reshape &Rumble’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
General. Generally, if a dispute arises between Reshape & Rumble and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Reshape & Rumble agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law; Forum. These Terms shall be governed in all respects by the laws of Gibraltar, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Reshape & Rumble must be resolved by a court located in the Gibraltar, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Gibraltar for the purpose of litigating all such claims or disputes.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This (including the documents referred to herein), is the entire agreement between you and Reshape & Rumble relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Reshape & Rumble as set forth in the Preamble to these Terms.
Disclosures. The services hereunder are offered by Atlantic Suites Health Club Limited, a limited liability company incorporated and registered in Gibraltar with company number 99353, whose registered office is located at 57/63 Line Wall Road, PO BOX 119, Gibraltar.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: As stated in the membership agreement, YOU MUST CANCEL CLASS 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. This includes switching time slots under the 12-hour notice time period. You may cancel class through our online system or by calling the applicable studio directly.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITING LIST CLIENT. MEMBERSHIP PACKAGES: Members who purchase ANY membership package (such as, but not limited to Academy, Flex Academy, TRIBAL GATHERING, TMP, Gold, Silver Monthly, Silver Weekly, Silver 20, or future promotional programs or membership packages) are subjected to a penalty charge (fee amount varies between individual studio locations) for either a late cancel or an absence should they not cancel their reservation within the allotted 12-hour window.
PERSONAL BELONGINGS: You agree that R&R is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
STUDIO RULES AND REGULATIONS
– All classes and membership packages are non-transferable and non-refundable. No exceptions. – Put away all equipment at the end of class. – Always bring treadmill to a complete stop before jumping off. – Treadmills are first come, first serve and cannot be saved. – Do not put anything on the treadmills. (i.e. weights or equipment) – Towels are required during class. Reserved classes must be changed or cancelled within 12 hours of scheduled time or it will be forfeited. Students may not vary from instructed exercises. – All injuries must be reported before each class. – You should arrive at least 10 minutes prior to class. If you are not physically present and have not signed in within five minutes before the start of your scheduled class, your spot may be released to an individual on the waiting list
Site owned and operated by – Atlantic Suites Health Club Limited.
The R&R Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase R&R via your mobile phone, (ii) the ability to receive and reply to R&R messages, (iii) the ability to browse R&R from your mobile phone and (iv) the ability to access certain R&R features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding R&R and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.