IMPORTANT: By accessing this system and any of its pages you are agreeing to the terms herein.

Terms and Conditions of Use
1. These terms and conditions govern the rights and obligations between the Client and Omni Yoga & Wellness, which runs and operates the studio (the ‘Company’).
2. Interpretation

• ‘Client(s)’ means any person who has completed the registration and created an Omni Yoga & Wellness account on the Company’s system (powered by Mindbody) and where such registration has been accepted by the Company.
• ‘Session’ means the training and/or exercise sessions provided by the Company at the studio for a or a designated period as specified and determined by the Company, at its absolute discretion.
• ‘Studio’ means the Omni Yoga & Wellness in Hong Kong located at Room 1403, 80 Queen’s Road East, Keen Hung Commercial Building, Wanchai, Hong Kong.
• ‘Terms and Conditions’ means the terms and conditions set out herein.

3. Unless the context otherwise requires words importing one gender include all other genders and words importing the singular include the plural and vice versa.

Studio Opening Hours
1. The designated period for each Session varies from time to time and shall be determined by the Company at its absolute discretion.
2. The Company will publish the designated period for each Session on the Company’s Website and it shall be the Client’s responsibility to confirm the Session hours before commencement of each Session.

 

Booking and Cancellation of Session
1. The session is strictly by appointment and subject to availability on a first-come-first basis. Clients may only book or reschedule the Session for his/her own participation via his/her personal Studio booking facility on the Company’s system. The Company reserves the right to refuse any appointment.
2. In the event that the Client is unable to reserve the Session in which he/she intends to participate in, the Client may use the waiting list facility on the Company’s system. It is the Client’s responsibility to ascertain the vacancy of the Session before its commencement. The Company shall not be responsible to inform the Client of the waiting list status and shall not be liable for any loss or damages the Client suffers resulting from the matter mentioned above.
3. Twelve (12) hours prior notice to the commencement of the Session is required in the event of any cancellation or rescheduling of the Session. Such notice shall be made online on the Company’s system. Otherwise, the Company shall forfeit the fees payable for the particular Session for non-attendance.
4. The Company reserves the right to change and alter the time and instructors of the Session at any time before or after the Client makes any prior appointments of such Session.
5. The Company’s teachers are authorized to stop anyone from exercising if the said teachers judged it unsafe for such person to continue to do so. Clients must follow the instructions of the teachers.
6. All Sessions are paid in advance with non-transferable and non-refundable for any reason whatsoever unless agreed by the Company in writing.

 

No Unlawful or Prohibited Use
1. Each Client warrants to the Company that he/she will not use the Studio or participate in the Session for any purpose that is unlawful and/or prohibited by these terms, conditions, and notices and the applicable law. Each Client may not use the Studio or his/her membership in any manner, which could damage, disable, disrepute, overburden, or impair the Company’s reputation or interfere with any other party’s use and enjoyment of the Studio or their membership.

 

Physical Condition and Safety
1. Client acknowledges and understands that it is his/her responsibility to consult a physician regarding his/her ability and capacity to participate in the Session or participate in the activities of the Studio or provided by the Company. It is the Client’s responsibility to ensure that he/she is free from any health problems including but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy, which may affect the Client’s participation in the Session.
2. Client agrees and undertakes not to participate in the Session or participate in the activities of the Studio or provided by the Company whilst suffering from any infections or contagious illness, disease or other ailment including but not limited to open cuts, abrasions, open sores or minor infections, where there is any risk that such use or participation in such condition may be detrimental to the health, safety, comfort or physical condition of other users of the Company. If in any doubt, the Client undertakes to bring such matters to the attention of the staff of the Company.
3. Clients who are pregnant, under medication and/or suffering from or having suffered from any medical disability are prohibited from participating in the Session or the activities of the Studio or provided by the Company unless such person has obtained medical advice from a qualified medical practitioner before such use. The Company shall not be responsible or liable for any loss or damages suffered by the aforesaid person during the participation in the Session or the activities in the Studio or provided by the Company if such person fails and/or refuses to carry all steps to seek prior medical advice.
4. Client undertakes not to participate in the Session or participate in the activities of the Studio or provided by the Company if he/she is under the influence of any drugs or of alcohol.

 

Use of Facilities
1. Client is entitled to use the Studio’s facilities provided always that the Studio may at any time without prior notice to the Client, 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.

 

Limitation of Liability
1. By completing the registration and creating an Omni Yoga & Wellness account, the Client acknowledges and understands that there is a risk or possibility of suffering an injury when the Client participates in any of the Sessions or in the activities of the Studio or uses the equipment provided by the Company.

2. By participating in any of the Sessions or the activities of the Studio or using the equipment provided by the Company.

• Client voluntarily accepts the risk of injury involved in such participation and uses and agrees that the Company or its employees or agents or trainers or independent contractors or directors or volunteers, to the extent permitted by law, shall NOT be responsible for any claims, demands, losses, loss of profit or business, actions or legal proceedings due to death, injury, catastrophic injuries, loss, economic loss, indirect, special, incidental or consequential damage or other damages to the Client or the Client’s property or spouse, guests, unborn child or relatives or to other persons or his/her property arising out of or in connection with the use by the Client or by other persons in the Studio or the equipment provided by the Company and/or his/her or other persons participation in the Session or resulting from the actions or negligence of the Company or anyone on the Company’s behalf or anyone using the equipment or the Studio whether related to exercise or not.
• Client understands and acknowledges that the Company is providing services and shall not be held liable for defective products or equipment.
• Client understands and agrees to fully indemnify and hold the Company (including but not limited to its employees or agents or trainers or independent contractors) harmless from all and any claims which may be brought against them for any injuries or claims as aforesaid and all costs and expenses incidental thereto, including but not limited to legal costs, loss of opportunities or loss of profit.
• At all material times, the Company shall not be liable for any items or properties lost or stolen in the Studio or the Company’s location for any reason whatsoever. Client agrees to be solely responsible for taking care of his/her own personal belongings in the Studio or any of the Company’s locations.
• Client acknowledges that the Company shall not be held responsible for any particular Session, teachers, agents, or employees and/or item of the pilates equipment not being available in the Studio or during the Session for whatever reason. The Company at its absolute discretion, reserves the right to change or alter the Session, the time, the instructors or independent contractors of the Session or the equipment in the Studio and those ancillary facilities provided to the Client without prior notice. The Company shall not be liable for any loss or damages the Client suffers due to the matter described above.

Service Provided

1. Client understands and agrees that the service provided by the Company may include advertisements and certain communication is considered as part of the Company’s service. Therefore, the Client certifies that he/she agrees to receive such communications from the Company including but not limited to service announcements, administrative messages, and newsletters.
2. Client agrees that under any circumstances, including but not limited to equipment, data or system maintenance or error, the Company’s security setting, information network connection failures, computer, communications, or other systems failures, power failures, strikes, labor disputes, riots, insurrection, marches, demonstrations, disturbance, insufficient productivity or information resource, fires, floods, storms, explosions, war, governmental action, the order of related institutions and departments or neglect of a third-party, overlook of a message, the Company does not assume any responsibility or any forms of consequences.

Disclaimers

1. Client acknowledges that his/her use of the Company’s system and the Studio directly is at the Client’s risk. The information, materials, and services provided on or through the Company’s system or by the Company and/or its employees or agents, or teachers are provided on an “as is” basis without any warranties of any kind including warranties of merchantability or non-infringement of intellectual property or fit for purposes. The information, software, products, and services included in or available through the Company may include inaccuracies or typographical errors, including but not limited to an incorrect price, incompleteness, timeliness, improper performance, or information with regard to the products. Changes are periodically added to the information herein.
2. Advice received via the Company should not be relied upon for personal, medical, legal, or financial decisions and the Client should consult an appropriate professional for specific advice tailored to the Client’s situation.
3. The Company shall not warrant the accuracy, completeness, timeliness, performance, or fitness for any particular purpose of the Studio and/or the equipment and/or be responsible for any information posted, communicated, and/or shared by the Client in any public media and/or platform, including but not limited to the Company’s system or the Studio.
4. Client agrees to defend, fully indemnify and hold the Company, its affiliates, employees, and suppliers harmless against all claims or demands of any damages, costs, and expenses, including reasonable attorney’s fees, arising from the use of the equipment and/or the Studio and/or participating Session, failure of complying with this Terms and Conditions, violation of any law, regulations or exploit rights of any party. In any event, the Company shall not be liable for any claims, losses, injuries, damages, costs, or expenses arising from the Client’s use of the equipment and/or the Studio and/or participating in Session or the Client’s inability to use or from any other action taken or omitted to be taken as a result of using the aforesaid. The Company shall not be liable to indemnify the Client or any other person for any consequential or incidental damages arising out of or are related to the Client’s use of the equipment and/or the Studio and/or participating in the Session or to any breach of this Terms and Conditions by the Company.
5. Client agrees that his/her exclusive remedy shall be limited to the direct damages (if any) which the Client actually incurs in reasonable and exclusive reliance on the Company, and for which the Company may be held liable by a competent court, of up to a limit of the refund of the amount the Client paid (if any) in relation to the particular use of the Studio or the equipment of the Company in total during the month in which the damage first incurred.
6. Client warrants and represents that he/she is in good physical condition and has no medical reason or impairment that might prevent the Client from his/her intended use of the equipment and/or Studio or participate in the Session. Client confirms that the Company did not give his/her any medical advice before the Client completed his/her registration or any Session and understands that the Company cannot at any time give the Client any advice relating to his/her physical condition and/or ability to use the equipment and/or Studio or participate in the Session. If the Client has any health or medical concerns now or after completing the registration or payment of the Session or package, the Client should consult with his/her physician prior to the use of the equipment and/or Studio or participate in the Session. Client acknowledges, confirms and agrees that it is his/her personal responsibility to ensure that the Client is in a healthy and physically fit condition before commencing any exercise routine and the Client shall ensure that his/her conduct such exercise routine in a safe and careful manner.
7. Client agrees that his/her training will be limited if he/she has any medical or other problems that may prevent the Client from using the equipment and/or Studio or participating in the Session. Notwithstanding such limitation, since the Client agreed to complete the registration or purchase the Session, the Client is obliged to pay the fees accordingly and the Client is not entitled to any refund of any kind, regardless of the frequency and amount of usage of his/her membership or Session by the Client.

Dress, Safety and Hygiene

1. Clients are not permitted to bring their own food and/or drinks into the Studio or changing room. Only water is permitted in the Studio.
2. Clients are required to wear appropriate clothing when participating in the Session.
3. Clients must not walk around the Studio barefoot if they have verrucas or similar foot complaints.
4. Footwear should be removed by the entrance of the Company before entry to the Studio.
5. The Company reserves the right to show persons around the Studio and the facilities and allow them to use the equipment and/or the Studio on a trial basis.
6. Smoking is not permitted in any part of the Studio or any locations of the Company.
7. Gambling or betting of any form is prohibited in any part of the Studio or any locations of the Company.
8. Clients must use the main entrance to the Studio when entering and exiting the Studio. Fire exits are clearly marked and are there in the interest of safety and Clients must not interfere with these exits for any reason. In the event of a fire, Clients should make their way out of the Studio through the nearest available exit.
9. The Company retains the absolute discretion in the interpretation and construction of all the Terms and Conditions herein and any agreements entered between the Client and the Company.

General

1. Clients should give written notice to the Company in the event of any change of email address. By providing an email address to the Company, the Client acknowledges and confirms that it consents to receive email communications from the Company, including notices pursuant to the Terms and Conditions. The Company shall not be liable and responsible for any damages or loss the Client suffers as a result of the Company communicating to the Client by Email.
2. The Client must at all times observe the guidelines imposed by the Company and at the Studio and notified to the Client from time to time. The Client shall comply with any reasonable directions which the management of the Studio may issue to the Client to ensure the smooth operation of the Studio for the convenience of all Clients.

Copyright and Trademark Notices

1. All rights, interest and intellectual property rights, including but not limited to copyrights, in the marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio, content displayed on the Company’s Website or the Studio will at all times remain the property of the Company. All rights are reserved.

Revisions to these Terms and Conditions

1. The Terms and Conditions may be revised from time to time by updating this posting without any further notice to the Client. Clients should review from time to time, then current Terms and Conditions because they are binding on the Client. Certain provisions of the Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Company’s system or at the notice board located at the Studio.
2. It is the Client’s responsibility to refer to these Terms and Conditions whenever the Client accesses the Company’s system. Every time the Client accesses the Company’s system the Client agrees to be bound by the Terms and Conditions and the privacy policy as varied or amended from time to time.
3. The heading used in these Terms and Conditions does not define or limit the scope of the section in any conditions and is for reference only. Under any condition or with any reason, if this Terms and Conditions, whole or in part, for any provision, is not enforceable, such provision shall be replaced by Terms and Conditions as close as possible to the original meaning until it is enforceable and the other part which is not invalid or unenforceable shall remain unchanged and effective. The failure in enforcing or taking action with regards to these Terms and Conditions or with respect to a breach of the agreement by the Client or any other parties shall not be deemed as a waiver and the Company reserves all rights with respect to such breaches, similar breaches and subsequent breaches.

Jurisdiction and Governing Law

1. These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“HKSAR“) and the parties submit to the courts of HKSAR.