Terms & Conditions

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1.1. For all matters relating to the services (coaching, education & customized calisthenics setups) provided by MuscleBar, you should contact connect.musclebar@gmail.com

 

1.2. It is the responsibility of the client to do all that is necessary to fully understand the terms of this

agreement, this may involve seeking professional legal advice.

 

1.3. MuscleBar reserves the right to amend these Terms & Conditions from time to time as necessary.

2.  PERSONAL TRAINING AND COACHING SERVICES

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2.1. Your Coach -

 

Coaches will utilize their skills, knowledge and experience in preparation and the conducting of training sessions in a way that will consider the Clients personal goals, fitness level, ability, injuries or illnesses and preferences. The role of the Coach is to, as far as reasonably possible, oversee

the Client's progress and help their training/performance, providing advice, education, and support in

efforts to progress and achieve their goals.

 

 

2.2 Medical Clearance - 

 

MuscleBar may request that you provide Medical Clearance be provided by a Doctor or Medical Professional at any time. It is the responsibility of the Client to obtain such clearance, where relevant, prior to undertaking any of the Services provided at MuscleBar.

 

2.3. Liability Waiver - 

 

All clients must fill in the liability waiver during the time of registration & complete the Initial Questionnaire, which will be sent electronically via WhatsApp, and in doing so provide as much information that may be relevant for our purposes.

 

It is important that you ensure that any answers and information provided in the Liability Waiver be true and accurate, and you disclose any information that may be relevant to your participation in the Services in question.

 

 

2.4. Training plans, workout styles, nutritional programming, education and recommendations may be provided (depending on the Service) and the way in which this occurs may vary from Coach to Coach.

 

2.5. Client Feedback - 

 

MuscleBar appreciates all feedback provided by Clients and Members. We understand that not all Client-Coach relationships are perfect, and if at any time throughout training with MuscleBar you are not wholly satisfied with the performance of your Coach we request that you notify Management so the matter can be appropriately addressed.

 

2.6. Client Personal Information - 

 

All personal information of the Client will be kept private and confidential. However, in instances relating to genuine health concerns of the Client, the Coach may be required to disclose some information to MuscleBar, or to Allied Health Professions for advice, referrals or second opinions.

 

 

2.7. Open Communication - 

 

Client-Coach transparency and open communication is recommended and at times necessary. It is the responsibility of the Client to inform their Coach if they are uncomfortable performing a movement, has an injury or illness, and/or is concerned with risking injury or illness, or any

other reason that may prevent them from exercising safely, so the Coach can act accordingly to minimise any risks for the Client

 

 

2.8. Refusal of Service - 

 

MuscleBar, and any of its subsidiaries reserve the right to refuse service to a client if it is reasonably believed to be appropriate given the information available to them, This refusal will be communicated to the client as soon as it becomes apparent to the concerned MuscleBar representative and may invoke the 'Late Cancellation' policy depending on the circumstances and reasons for the refusal.

 

 

2.9 Safety for Minors - 

 

It is highly recommended that all minors seek guidance or assistance, and only practice skills that they can perform safely.

Persons under the age of 18 are urged to not digitally sign or agree to these terms and conditions, and MB waives all liability and responsibility if you do so without parental approval or authorization. 

Persons under the age of 18 years are not permitted to use the MuscleBar premises , unless a parent/guardian has assumed personal responsibility and has provided written approval, which requires both parties’ signatures on the time of signing the membership agreement form.

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2.10 Refund & Cancelation - 

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There is no refund or transfer of PT sessions from one member to another member.

If a client is cancelling a PT session an update of 12 hours to the respected trainer is a requirement or else the session will be counted as a paid one.

 

 

3. PRODUCTS AND SERVICES

 

 

3.1. Products refer to any goods that are for sale at MuscleBar or online, this includes but is not limited to merchandise.

 

 

3.2. Customer Responsibility: 

 

The customer is responsible for taking all reasonable steps to ensure they fully understand what is involved in a product or service, this includes: - Thoroughly reading product/service descriptions; - Contacting MuscleBar directly for further information and clarification; - Reading and understanding any relevant Terms & Conditions, Policies, or other agreements that may be associated with the product or service.

 

 

3.3. Service Descriptions provided are non-exhaustive and may vary or be amended from time to time, without notice.

 

 

3.4. Queries or Disputes must be communicated directly to MuscleBar via email at connect.musclebar@gmail.com

 

 

3.5. No Refunds -

 

Refunds are NOT available for services that have been rendered either fully or partially.

 

Refunds will also not be provided for change of mind, or in instances where the Customer insists on having a service provided in a way, against MuscleBar (the provider's) advice, or the Customer failed to clearly explain their needs to the provider.

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3.6. Member Revocation - 

 

All MuscleBar Memberships are subject to approval by Management and may be revoked at any time if there are reasonable grounds justifying revocation. This may include: - An exhibit of unreasonable, unconscionable, or unsafe conduct by the Member, - Non-compliance with MuscleBar etiquette and gym floor rules, - Breach of any of the terms of this agreement, or any Policy of MuscleBar, - Any other reason that the Floor Manager believes to be of a serious nature.

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3.7. Purchaser Not to Claim -

 

The Customer or Purchaser warrants to not claim, request any refund or raise a dispute via Third Party Service providers (i.e. GooglePay or PayTM etc) and agrees to bring such matters to the attention of MuscleBar directly in writing via email to connect.musclebar@gmail.com

 

 

3.8. Minimum Participants -

 

 Where applicable, Services may not run or be facilitated if the minimum number of participants required is not reached. In such instances those who have purchased the Service will be notified and resolved accordingly.

 

3.9. Appropriate Attire –

 

 Please ensure you dress appropriately for physical activity and bring a sweat towel or other equipment, or apparel as required. Footwear should be comfortable and provide adequate support. Please ensure footwear is changed & clean before entering the studio.

 

3.10. Medical Needs - 

 

The Client is responsible for bringing any specific medication, or medical equipment that may become necessary throughout physical activity. A basic first aid box shall be present onsite.

 

3.11. Session Duration -

 

The duration of all Personal Training sessions is 60 minutes, unless alternative arrangements have been made and approved by MuscleBar Management.

Please do your best to arrive on time to each training session, and it is recommended that you arrive early to allow time to complete any rehabilitation or warm up exercises where appropriate. 

 

3.12. Late Arrival - 

 

If you are late to a scheduled session time, no extension of time is to be provided by the Coach, and the session will accordingly end at the allotted time. If however the Coach is late to the scheduled session time, additional time will be added to the session to ensure the agreed duration is met. 

 

3.13. On Site Parking -

 

 Clients must park in designated car parks only and do all that is reasonably necessary to abide by neighbouring and local parking and traffic conditions. A MuscleBar representative may request you to repark your vehicle`if it raises concerns from the neighbouring society.

 

3.14. Access Hours –

 

 Membership access to the facility, will vary depending on staffed hours. Access may be refused within 30 minutes of close of business.

 

3.15. Etiquette - 

 

It is expected of Members that they exhibit the same level of etiquette of all other individuals while inside any MuscleBar facility, including sharing & reracking equipment, communicating politely and respecting others. 

 

3.16. Behavior and Language - 

 

Unruly behavior, vulgar language, or improper use of equipment in the facility or being present in the facility while intoxicated, whether as a result of alcohol or drug ingestion, or other inappropriate behavior is not permitted and may result in the suspension or cancellation of the Member’s membership without any entitlement for refund. 

 

3.17. Putting Weights Away –

 

 All members and clients must put away and replace any equipment promptly after using it. This is to ensure that the equipment is stored as intended to prioritize safety and cleanliness, as well as making it easy to locate for other Members. 

 

3.18. Apparel and Footwear –

 

 All persons who use the gym facilities are required to removed their outside footwear before entering the gym & always wear appropriate apparel and footwear, unless otherwise allowed by MuscleBar management or its Coaches. 

 

Members who do not wear appropriate apparel and footwear assume all risks associated with doing so. 

 

3.19. Hygiene - 

 

Members must always bring a towel and wipe down equipment after use.

 

3.20. Damaged or Defective Equipment –

 

 We request that Members notify Management of any defective or damaged equipment or other property of the facility as soon as reasonably practicable, so that it may be promptly repaired or restored. 

 

3.21. Liability for Damage -

 

 Members are wholly liable for any damages that occurs, or expenses incurred relating to any fixtures, fittings, equipment, or other property of MuscleBar resulting from their conduct. 

 

3.22. Personal Belongings – 

 

Please store any personal belongings in the designated areas and storage spaces allocated. 

 

3.23. Safety - 

 

Members are required to use the safety features provided on equipment. Any Member unsure of the use of equipment must obtain instruction from the MuscleBar Coach

 

3.24. Acknowledgement of Risk – 

 

Any individual who enters or uses the MuscleBar facilities and equipment voluntarily assume the risk of injury, accident, death, loss or damage to their person or property.

 

3.25. Waiver of Liability – 

 

MuscleBar bears no responsibility for any injury, death, disability, property damage or psychological injury to the clients, members, or other users of the gym.

 

3.26. Emergency Phone – 

 

To call an Ambulance, the Police or Fire Brigade please dial ‘100’. Incorrect or unlawful use of the emergency phone will incur penalties.

 

3.27. Guests & Non-Members – 

 

Members must not bring any guest or non-member on-site during unstaffed hours. 

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3.28 Employment Opportunities -

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MuscleBar may, from time to time, post MuscleBar employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to MuscleBar in response to employment listings, you are authorizing MuscleBar to utilize this information for all lawful and legitimate hiring and employment purposes. MuscleBar also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by MuscleBar to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that MuscleBar will review any or all of the information submitted to it by users.

 

3.29 Operation of CCTV Systems-

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• To protect our customers, premises and assets from criminal acts / actions and to prevent crime, we operate CCTV at the entrance – exit and at designated points within the Gym that capture your images for safety. We do this based on our legitimate business interests. If we detect any illegal activity or alleged criminal activity through the use of CCTV, theft monitoring and suspicious activity we will process the images recorded by CCTV for the purpose of preventing or detecting illegal acts or antisocial behavior.

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The data recorded through CCTV are deleted within 15 days from the day of their recording. The server is installed in a secure place and only limited authorized persons with a password have access to it.

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4. PAYMENTS, REFUNDS, TRANSFERS AND FREEZE

 

 

4.1 Accepted Methods of payment are Cash, Electronic Bank Transfer or UPI Payment at MuscleBar.

 

4.2 Receipts and Invoices will be provided via mail, (if provided with mail address).

 

4.3 Payment in Full - 

 

All payments are required to be made up front and in full at or before the commencement of Service(s).

 

4.4 Refunds will NOT be provided for services already rendered  by MuscleBar or its representatives or personnel

 

 

4.5 Refunds and Service Cancellation -

 

Refunds and service cancellations may not be provided in instances where there is a problem that is outside the control of the Provider, or where the Client (the Purchaser):

 

*Changes their mind.

*Insisted on having a service provided in a particular way,

*Against the provider's advice, - Failed to clearly explain their needs to the provider.

 

4.6 Freezing Period-

 

 All memberships can be frozen for a limited number of days depending on the duration the client has enrolled for.

 

For clients enrolled in a 3-month plan- 7 days of freezing period is warranted. For clients enrolled in a 6-month plan- 14 days of freezing period is warranted, However, the reason for freezing should be explained in writing through electronic mail at connect.musclebar@gmail.com .

 

MuscleBar reserves the right to refuse the freezing period.

 

 

4.6 Transfer of Sessions - 

 

Services CANNOT be transferred to any individual or third party.

 

 

4.7 Expired Services/Payments -

 

Payments will not be refunded or transferred for any unused services, and any unused services will only be valid until the Service Expiration date.

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4.8 Start Date  -

 

Your start date will remain the next day of a previously expired membership unless stated otherwise.

In case of a pre launch sale , the start date will by default be the launch date of the gym 

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5. Declarations

 

5.1 Compliance with Rules -

 

I acknowledge that my Membership at MuscleBar is based on trust and is a privilege, and agree to abide by all terms and conditions, rules, and policies as they apply. I understand that my failure to abide by the aforementioned, and any improper or unauthorized use of the digital material provided may result in suspension or cancellation of my membership. MuscleBar reserves the right to suspend or cancel the rights, privileges and membership of any member whose actions are detrimental to the use, safety, and enjoyment of the facilities.

 

5.2 Clearance for Exercise -

 

The client acknowledges that he/she/they are in good physical health and are able to undertake and engage in the physical activities voluntarily with MuscleBar. The client assumes all responsibility for updating MuscleBar with respect to any changes in my physical or mental condition, and for reporting injuries sustained to MuscleBar.

 

 

5.3 Waver of Liability -

 

MuscleBar bears no responsibility for injury, illness, death, disability, damage to property or any other loss, which the member may incur as a result of participating in the said physical activity. The member hereby assumes all risks connected therewith and consents to participate accordingly. The member agrees to disclose any physical limitations, disabilities, ailments, or impairments, which may affect my ability to participate in said fitness program. Further, by signing, the individual member or client are deemed to fully understand their rights and responsibilities and understand they cannot pursue civil and any other damages against the MuscleBar and its Directors.

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6. Legal Policies

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6.1 COPYRIGHTS (C) / TRADEMARKS (™)

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(C) 2019 MuscleBar LLP. All trademarks are owned by MUSCLEBAR or are used under license. All rights reserved. All materials contained by MUSCLEBAR is protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. 

 

Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.

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6.2  RESOLUTION OF DISPUTES

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In the event a dispute arises between you and MuscleBar, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MuscleBar agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

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BINDING ARBITRATION

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All disputes which cannot be resolved informally between the parties, and causes of action arising out of or connected with the Site, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. The arbitration shall be conducted exclusively at MuscleBar. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. 

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You agree that this Agreement and all incorporated agreements may be automatically assigned by MuscleBar in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

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6.3 INDEMNITY

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You agree to defend, indemnify and hold harmless MuscleBar, its parents and affiliates, together with their respective shareholders, members, officers, directors, franchisees, employees, and agents, 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.

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6.4 LEGAL COMPLIANCE

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You shall comply with all applicable domestic and international 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 items.