WEBSITE TERMS AND CONDITIONS OF USE FOR TOPSTRETCHING
TERMS
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
USE LICENSE
User using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website. User is responsible for maintaining the confidentiality of his account. User must retain a copy of transaction records and TopStreching policies and rules. Unless otherwise stated, TopStreching brand and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
YOU MUST NOT:
republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; redistribute material from this website
DISCLAIMER
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law TopStreching Website and its suppliers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
LIMITATIONS
TopStreching will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: for any indirect, special or consequential loss; for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
LINKS
TopStreching has not reviewed all of the sites linked/linking to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TopStreching of the site. Use of any such linked web site is at the user's own risk.
SITE TERMS OF USE MODIFICATIONS
TopStreching may revise these terms of use for its web site at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
PAYMENT METHOD (through third party)
We Accept: Credit/Debit card; Twint
GOVERNING LAW
Any claim relating to TopStreching's web site shall be governed by the laws of the Canton of Zurich. Switzerland without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
SERVICES PROVISION AGREEMENT
«TOPSTRETCHING ®» stretching studio, hereinafter referred to as «Studio», on the one side, and «Customer», on the other side, hereinafter collectively referred to as the «Parties», have signed the current Agreement as follows:
1. The concepts and definitions, applied within the current Agreement.
1.1 Studio Guest is an individual, who is not a Studio's Customer and visits the studio for a trial session, as a guest or one-time visitor.
1.2 Studio's Customer is an individual, who has entered into a contractual relationship with the Studio by signing the Questionnaire and paying for the subscription, given the tariff plan, type and cost, valid at current subscription purchase date within the current Agreement.
1.3 Customer's Questionnaire is a document, confirming the Customer's consent with the current Services provision terms while being approved by the appendix to the current Agreement.
1.4 Plastic membership card is a personal card, allowing to identify an individual as a Studio's Customer and confirms the right to use the Studio's Services.
1.5 Services are the Customer provision with the right to visit training within «AEROSTRETCHING», «Split School», programs, conducted in groups, mini-groups, as well as in the individual training format in accordance with the Studio's schedule, including places booking services for the Customer in groups as well as the Customer's request administering services, permit creation and a subscription provision.
1.6. Services provision schedule: Sunday to Saturday from 7 am to 10 pm.
1.7 Services provision place - Studio's training rooms location.
1.8 Trainer is a person, engaged in training during the Customer provision with the Services.
3. The settlements procedure for both sports and the services.
3.1. The Customer is provided with the Service once paid for one of the Services (subscription) provision options: Trial class Trial class Group membership package
Dual sessions semi-private membership package Private sessions membership package An unlimited trainings number over a specified time period
3.2 The subscription cost is determined by the Studio, which the Customer is informed about, according to the official price list.
3.3. The Customer pays for the services at the cost, valid at the payment date, hereby providing own consent with the current Service cost. At the Questionnaire signing date, the Customer confirms, that he has read and agrees with the current Services cost, valid at the Questionnaire signing date.
3.4 The Customer pays the subscription services cost in full in Swiss Francs, by paying via bank card via the Studio's POS machine, or by paying through online client portal or mobile application, counted from the current Agreement signing date.
3.5 The Customer is provided with a permit (authorized Plastic Card), allowing to use the services while being introduced to the Administrator upon each visit to the Studio before the training start, in order to confirm the payment within the current Agreement.
3.6 The Studio's Customer is obliged to immediately (within 24 hours) notify the Studio Administration about the Plastic Card loss and restore it, if any, according to the current price list.
3.7 A plastic card is not applied to trial classes. If the plastic card or a document, confirming a previously paid trial or one-time class, is absent, the Customer will be entitled to visit the classes on the document basis, confirming his identity (including passport and driver's license), by signing up in the program while using a camera.
3.8 Payment within the current Agreement is made prior to the Services provision date as an advance payment, paid for the Services to be provided to the Customer within the relevant time period upon demand.
3.9 The Payer's refusal to pay for the services within the current Agreement is not a basis for the Studio's Customer exemption from financial obligations due to the current Agreement. The Studio's Customer is obliged to timely and independently make payment in the manner, provided for in the current Agreement.
3.10 The Customer shall be deprived of the right to visit the Studio until the amount is paid within the current Agreement terms, in case of the installments payment terms violation.
3.11 The Studio's obligations to the Customer shall be deemed fulfilled upon the current Agreement and the subscription term expiration.
4. The Agreement suspension, early termination and amendment.
4.1 Any funds that were paid are to any refundable, in any case of unilateral refusal from the subscription services within the current Agreement terms at the Customer's initiative or its termination due to the period expiration, which it is signed for. The Studio has a refund policy.
4.2. This is due to the Studio's expenses in connection with the place booking services provision in groups for the Customer, the Subscription creation, as well as preparation for the training organizing for a Customer, who failed to use the acquired right to get the Services.
5. The Parties' rights and obligations. The Studio is obliged to:
5.1 Issue an authorized Plastic Card, once the Customer has paid the full subscription fee within the current Agreement terms.
5.2 Render the services, provided by the official price list for an additional fee, at the Customer's request.
5.3 Provide the Customer with an opportunity to visit group classes, according to the original programs with the Studio Trainer, according to the Studio's work schedule, as well as the group classes schedule.
5.4 To ensure the proper Services quality, provided to the Customer in accordance with both Studio's methodology and training schedule.
5.5 Ensure the proper equipment and inventory functioning, used within the Services provision.
5.6 The studio is entitled to unilaterally change:
Training schedule; The trainer, provided in the schedule; The services cost, provided that the change is made before paying for the subscription by the Customer.
THE CUSTOMER AGREES TO:
5.7. Both comply with and avoid violating the current Agreement terms as well as the Studio's rules.
5.8 To timely and in full pay the subscription cost to the current Agreement fitness services
5.9 Pay for the Services in the manner and on the current Agreement terms basis.
5.10 Avoid transferring the Club Card to third parties. The Customer's rights within the current Agreement can't be transferred to third parties without the Studio's consent.
5.11 Have a Plastic Card and provide the Administrator with it at the reception desk in order to register own visit while visiting the Studio. Pay the new card creation cost in accordance with the current price list, in the event of Plastic Card loss.
5.12 Regularly look through with the Studio's classes schedule.
5.13 Carefully use the Studio's property.
5.14 Use the Studio's equipment for its intended purpose as well as immediately report about all the Studio's Rules violations (including damage to property and equipment) to either Trainer or Administrator.
5.15 Avoid using faulty equipment and inventory, as well as the ones, which usage rules are unknown, in order to avoid injuries.
5.16 The Customer confirms, that he doesn't have any medical contraindications for classes in the program chosen.
5.17 The Customer must go through a medical examination in order to determine the training opportunity within the Studio program, as well as to identify possible medical contraindications before the classes start.
5.18 The Customer is required to go through a medical examination at least once a year or even more often and at the Studio's request.
5.19 To fully comply with the recommendations and instructions of the Studio's Trainer on the equipment load and usage rules in both group and individual classes as well.
6. Parties' responsibilities.
6.1. The Customer is liable for damage, caused to the Studio's property in the amount of the damaged and/or lost property cost. At the same time, the Studio is entitled to unilaterally set off the services cost, failed to be rendered, but being previously paid for by the Customer as the payment for the damage caused.
6.2 By signing the current Questionnaire, the Customer confirms, that she/he agrees with the current Agreement content, is familiar with and accepts the Services provision rules, the training rules and that he doesn't have any medical or other contraindications for classes, provided within the current Studio's programs as well as that his physical form allows him to train on the program provided. The Customer is responsible for all his health deterioration-related issues, occurring during the Services provision or the injuries, caused during training.
6.3. None of liabilities may be applied to the Studio due to the Customer's health or injuries deterioration.
6.4. The Studio is not responsible for poor health-related harm, if the Customer's health state was worsened due to an acute illness, an injury or a chronic illness exacerbation, as well as in cases when the harm cause was the equipment or inventory usage rules violation.
6.5. The Studio is responsible for harm, caused to the Customer's health solely as the Studio's guilty actions result, aimed directly and exclusively at causing harm to the Customer's health. 6.6 The Studio is not responsible for harm, caused to the life and/or health, resulting from: The Studio provision with the false health state data or non-reporting of such data;
Acute or chronic Customer's illness, injury exacerbation; Customer's intent; Customer's negligence; Customer's classes, according to their own program, failed to be agreed with both the Studio's Trainer and the Studio itself;
«TOPSTRETCHING® visiting rules violation» and/or the Studio Trainers' recommendations, and/or the recommendations, posted on the information and/or warning, prohibition signs, available in the Studio or on the equipment; Third parties' actions;
In other cases, provided for by the Switzerland legislation.
6.7 The Studio is not responsible for harm to the Customer's health and/or property, caused by the third parties' actions.
6.8 The Studio is not responsible for any accidents that happen to the client in the Studio. By becoming a Customer, the client voluntary makes that choice, taking all the responsibility onto herself/himself.
7. Dispute resolution procedure.
7.1. All amendments and additions, aimed at the contractual relations optimization between the Parties, are made by bilateral agreements, being the current Agreement's integral parts.
7.2 All disputes or disagreements, arising between the Parties within the current Agreement or due to it, are resolved through negotiations between the Parties.
7.3 All the disputes or disagreements, failed to be resolved through negotiations, shall be resolved by the court in accordance with the current Switzerland legislation.
8. Final provisions.
8.1 The Studio is entitled to unilaterally and extrajudicially refuse from compliance with the current Agreement terms, given to return the Services' cost to the Customer, previously paid, but failed to be rendered.
8.2 The Studio is entitled to involve the third parties to provide the Services.
8.3 «TOPSTRETCHING® visiting rules» are an appendix to the current Agreement while forming its integral part. The Customer provides own agreement with the Rules terms and conditions, mentioned above, by accepting the current Agreement terms.
8.4. The Studio is entitled to change the operation mode, class schedules, price list and Services provision terms, about which it is obligated to notify the Studio's Customer by posting such data the Studio's website on the Internet within 1 (one) day before such amendments launch or at the Studio's reception desk.
8.5. The Studio is entitled to amend and supplement the Rules, mentioned above, as well as to adopt the Safety Rules. The Customer is deemed familiarized with the Rules' amendments and additions, the Rules as amended, safety regulations after 5 (five) calendar days from their approval date, provided that the text is posted by the Studio on information stands and/or other media in the Studio and/or on the Studio's website - topstretching.com.
8.6 By signing the current Questionnaire to this Agreement, the Customer provides his consent to the Studio use, process and store his personal data. The Customer permits both the Studio and its partners to send advertisements to the Customer by both telephony and email. The Customer must inform the Studio about his refusal from getting advertising, if any.
8.7 The Customer is notified and agrees to the training rooms, corridors and the hall video monitoring by the Studio in order to ensure security.
8.8 The current Agreement is deemed an Accession Contract. Its terms acceptance by the Customer is carried out by filling in and signing the Customer's Questionnaire.
THE CURRENT AGREEMENT'S ANNEXES:
No. 1 «TOPSTRETCHING® Studio visiting rules»;
No. 2 Customer's Questionnaire.
TOPSTRETCHING® VISITING RULES
1.GENERAL RULES:
The current Rules control the relationship between «TOPSTRETCHING®» hereinafter referred to as the «Studio»), trainers (instructors), employees, potential and regular customers, Studio guests, when the Studio provides fitness services to its Customers. The Studio means the place for training, provided by TOPSTRETCHING® Stretching Studio, including both sites and rooms, providing special technical equipment, intended for physical training and physical exercises within TOPSTRETCHING® Stretching Studio's Customer is an individual, who has entered into a contractual relationship with the Studio by signing the questionnaire and paying for the subscription, given the tariff plan, type and cost, valid at the current subscription purchase time. The Studio visiting rules (hereinafter referred to as the «Rules») are binding on the Customers. At the same time, the Studio is entitled to supplement and amend the Rules unilaterally, while notifying the Customers on such changes. The Customers or their legal representatives fill out and sign the Customer's Questionnaire, hereby providing own consent with the current Rules and Contract for the fitness services provision, in the event of agreement with the current Rules. The Customer or the Guest is obliged to carefully read the current Rules and comply with the instructions provided.
Work schedule: Sunday to Saturday from 7 am to 10 pm. The Studio is entitled to unilaterally change its schedule and / or individual zones/studios/halls use hours. The Studio's work schedule is posted on information stands, and/or other media in the Studio, and/or on the Studio's website, and/or are otherwise communicated to the Customer. The Customer is entitled to use the Studio's both premises and equipment within the Studio's work schedule only. The Customer is obliged to leave the Studio premises before its working hours termination.
The services cost and list, provided by the Studio, are determined at the rates, established by the Studio while being posted on information stands, and/or other media in the Studio, and/or on the Studio's website, and/or is otherwise communicated to the Customer. The Studio is entitled to provide its services at special, lower prices, including through the promotions. The Services are paid immediately before or instantly after their actual provision to the Studio's POS payment machine or online system. The Studio provides the following training programs: • «AEROSTRETCHING®»; • «Split School»; • «Healthy Back»; • «Body Ballet»; • «Personal»; • «Stretching & Mobility»
There are the following trainings formats: Trial class Group membership package Dual sessions semi-private membership package Private sessions membership package
An unlimited trainings number over a specified time period
1.1 The subscription tariff plan change is available for the more expensive tariff plan only, according to the standard price list, including a surcharge, made by the Customer. The tariff plan downgrade is impossible. Previous discounts and bonuses are not saved, if you change the tariff plan during the subscription validity period.
1.2 The subscriptions cost is determined by the Studio and is shared with the Customer. The Customer buys a subscription at the price, valid at its purchase time and agrees with the current subscription cost by purchasing it.
1.3 Payment for the subscription is deemed an advance payment. The funds paid as an advance are not refundable in the event of either the contract termination or its expiration.
1.4 Planned Studio's services must be paid by the Studio Guest immediately prior to the current services provision. In case of unpaid checks/services available, the Studio's Guest may be prohibited to visit the Studio until the full debt repayment.
1.5 The Studio's obligations to the Customer are deemed fulfilled upon the subscription and club card expiration.
1.6 The Customer may use incoming visits and services only within the current subscription validity period. Additional services are deemed provided and their cost is not refunded, if the Customer failed to use own right to use the services during the current subscription validity period, as well as refused from such right.
1.7 The Customer is entitled to use promotional bonuses in the additional visits or services form within the current subscription. Additional services are not subject to recounting or refund in case of refusal to use bonus privileges in the subscription or unilateral termination of the contract.
1.8 The Studio is entitled to change the subscriptions types and characteristics.
1.9 The Customer might be entitled to temporarily suspend own subscription for the vacation or illness when the medical certificate is provided. The subscription temporary suspension («freezing») term and availability depends on the subscription type and duration.
1.10 The subscription suspension is carried out in advance: from the current date onwards. Training visiting during the freezing period is prohibited.
1.11 The Studio Administration is entitled to coordinate additional subscription freezing opportunity for a good reason, including pregnancy/childbirth, surgery, severe injuries. In such a case, the Customer must provide the documents copies duly executed in accordance with the legislation (temporary disability sheets and epicrisis confirmation) with the simultaneous originals provision for review.
1.12 Acute respiratory viral infections, acute respiratory infections, influenza diagnoses are not subjects for extending the additional validity subscription period, not included in the tariff plan.
2. Training visiting rules
2.1 The Studio Administration is entitled to prohibit a Studio's Guest to visit group programs at own discretion.
2.2 Each Guest/Customer needs to register at the reception and provide own personal data, including name, date of birth, phone number, address, identity card (passport or driver's license) and photo in order to visit the Studio. The Studio's Guest/Customer may be prohibited to train in the Studio, if such data are absent.
2.3 Entrance to the Studio is available in case of plastic cards provision. The card is assigned to particular Customer while being a personal pass to the Studio and can't be transferred to other persons.
2.4 A plastic card is required to be provided to the administrator at each visit before the training start and is the right confirmation to visit the Studio by appropriate subscription.
2.5 A plastic card doesn't apply to either trial or one-time trainings. The Customer can be allowed to visit the training in case of own identity document (passport, driver's license) provision, as well as by registering in the program while using a photo, if a plastic card or document, confirming a previously paid trial or one-time training, are absent.
2.6 Subscription owners are not entitled to transfer plastic cards to be used by the third parties. The services within the current documents are provided exclusively to the Customers, whose name is specified in a particular subscription.
2.7 The Studio is entitled to withdraw the card and close the Customer's access to the Studio in the event of revealing non-compliance with the Customer's card owner.
2.8 The subscription re-registration is possible only for Customers personally upon both a passport and a plastic subscription card provision, as well as in case of the second person presence, whom they will reissue the relevant documents for. Renewed subscriptions are not subject to consideration for refunds, changes or switching to another tariff plan.
2.9 The subscription transfer is allowed only after the official subscription re-registration from the Studio's Administrator to new Customer. Re-registration procedure may involve additional cost. 2.10 The Administration is entitled to charge a fee for issuing a new Plastic Card in accordance with applicable tariff plans.
2.11 A key/bracelet for accessing the Customers' locker rooms is issued in exchange for a Plastic card or a basis, confirming a previously paid trial or one-time training. 2.12 If a Plastic Card is absent, the Studio's Guests will be provided with key/bracelet at the collateral value as of the current date or of an identity document/driver's license. After the training termination, the social card will be returned to the Customer in exchange for a key/bracelet.
2.13 The club operates in a studio format. The Studio visiting is available only in case of prior training (recording) reservation, according to the schedule. 2.14 The trainings schedule is available on studio website, online client portal and in the official mobile app, and in the Studio premises as well. The Studio is entitled to change the current Schedule and replace the Studio's Trainer.
2.15 All group trainings in the Studio are scheduled. The Studio is entitled to unilaterally change the trainings schedule, types and volume, as well as the trainers declared.
2.16 It is mandatory to pre-register for trainings through an online booking, by either calling the Studio or through official TOPSTRETCHING® Zurich website. Advance payment of the visit online is mandatory in case of booking a trial group or personal training.
2.17 The Customer is entitled to book sessions for no more than 3 trainings in advance, according to the Schedule.
2.18 The Customer is entitled to cancel an appointment for a group training no later than 3 hours before it starts during the Studio's working hours, as well as 24/7 one-self, through personal account while using official TOPSTRETCHING® web client portal. Otherwise, the visit booked by the Customer is deemed conducted while being subject to cancellation, i.e. the service is deemed actually provided and training cost is not recalculated for a refund.
2.19 The non-cancelled training cost is charged from the subscription (in case the subscription is limited in terms of number of sessions), if the Customer has got a Limited (Fixed) subscription or a personal training subscription. The subscription validity period is reduced in case of an unlimited subscription available.
2.21 Groups trainings are available in case of the group composition of at least 3 persons, who have booked places for training in advance (no later than 3 hours before the training). The Studio is entitled to cancel the training, if the required persons number is not enough. Trainings for the morning groups, failed to be formed, can be canceled before the Studio's working hours termination on the previous day, including Sun-Thu until 10.00 pm, Fri, Sat until 06.00 pm.
2.22 A Customer may fail to be allowed to train, if being late for over 10 minutes from the training start. The current training cost is charged from the Limit subscription Customers. The unlimited subscription validity period is reduced, if any.
2.23 The Studio keeps track of the services, provided to the Customer while using an internal accounting system. The Studio's accounting system data, related to the services volume and cost provided, are enough evidence in the event of any disputes.
2.24. Each Customer is provided with storage box in locker room to keep personal things, while visiting the Studio. The Studio Administration is not responsible for the Customer's personal things safety, forgotten in the storage cells, in the Customer's locker room or left in the Studio's premises.
2.25. Certain Studio's zones/halls usage is available only within the individual trainings with the Studio's employee. Independent trainings in the group programs halls can be carried out during the time period, free of both trainings, provided in the schedule as well as of preliminary reservation for individual training. Any Studio's premises rental is made by previous booking while contacting our Manager. Please contact our Studio Manager for detailed information on the zones/halls rental terms.
2.26 Persons less than 18 years old are prohibited to train in group trainings without prior coordination with the Studio Administration and submitting the corresponding request. 2.27 Persons less than 18 years old are entitled to visit trainings, corresponding to their age category, within special time interval, according to the schedule.
2.28 Children over 16 years old are entitled to visit the adult groups of the AEROSTRETCHING® program and the Split School in the event of their parents presence.
2.29 Children below 16 years old are allowed to visit Studio given that they are accompanied by an adult.
2.30 Persons over 18 years old are entitled to freely visit all training types, available in our Studios.
2.31 It is prohibited to visit trainings, not intended for pregnant women, during pregnancy period. Visiting is available only in case of the attending physician's appropriate recommendations. The Studio Administration and the Instructor are entitled to prevent the Customer from participating in the training process.
2.32 The Studio is entitled to limit the areas to be used by the Customers during the events.
2.33 The Studio's Customer is entitled to invite persons over 18 years old to the Studio for a guest visit, if it is stipulated by the subscription tariff plan. 2.34 A guest visit is available only within the current subscription of the Studio's Customer.
3. CUSTOMERS MUST COMPLY WITH THE FOLLOWING REQUIREMENTS:
3.1 The Customer is personally responsible for all the sports-related risks, while visiting the Studio.
3.2 The Customer is obliged to previously go through the medical examination in a specialized institution in order to determine the training opportunity within the Studio's program, as well as to establish possible medical restrictions.
3.3 The Customer (or minor) shall personally and verbally inform the Studio's Manager or the Trainer about such contraindications as well as comply with the obligation to be responsible for possible health consequences, which may arise during and after sports, which the Customer has previously been warned about in the event of any sports contraindications.
3.4 The Customer is personally responsible for his life and health, if the Customer failed to notify the Manager or the Studio Coach about own sports contraindications.
3.5 The Studio's Customer (a minor, who visits the Studio within the strict schedule), must immediately contact any Studio's Trainer or Manager in the event of the first malaise symptoms.
3.6 It's required to visit training delay-free way in order to avoid traumatic situations, otherwise the Instructor is entitled to prohibit the Customer to visit training.
3.7 Follow the Trainer's instructions within training in the Studio.
3.8 Take care of the Studio's property. The Studio makes every effort to maintain cleanliness and order in the locker rooms and Customers' areas.
3.9 All the Studio's Guests and Customers shall be liable for loss and damage to the Studio's property (including keys/bracelets and plastic cards), inventory, provided by the Studio. Guest/Customer is obliged to compensate for the damage in the manner and amount, established by the Studio.
3.10 Avoid using faulty equipment and inventory, as well as the ones, which usage rules are unknown.
3.11 Outer clothing should be removed order to maintain cleanliness and hygiene. The Manager or the Trainer are entitled prohibit the Studio's Guest/Customer to train in street shoes, without sports shoes and clothes; as well as is entitled to prohibit the Guest/Customer to train AEROSTRETCHING®, if the Guest/ Customer doesn't have the appropriate T-shirt, covering the armpit area.
3.12 Entrance to training zones is available only in the appropriate clothes, as well as in socks or replaceable, clean, stable shoes and training clothes. T-shirt, covering the armpits, is mandatory to visit AEROSTRETCHING ® training.
3.13 Be attentive and carefully move around in locker rooms, showers or during other visits of the Studio.
3.14 The cups used should be disposed in the special bins.
3.15 Sports equipment, used during training, should be returned to own place.
3.16 Follow personal and general hygiene rules, maintain Studio premises cleanliness.
3.17 Avoid leaving personal items unattended.
3.18 Both politeness and sports ethics should be the general behavior norm on the Studio's territory. It is prohibited to use profanity, as well as to commit other indecent acts, impeding the training and discrediting the Studio, its Customers and Studio staff.
3.19 Both Guests and Customers should be polite and correct in relation to each other, Studio's staff and third parties, as well as to their property.
4. CUSTOMERS ARE PROHIBITED FROM:
4.1 Climb the roof railing as well as climb over the railing.
4.2 To smoke (including electronic cigarettes) and/or to be in the Studio's premises, on the roof, balcony, including while being intoxicated.
4.3 The Studio's Administration is entitled to prohibit the intoxicated persons, as well as the ones behaving inappropriate way, to visit the Studio.
4.4 To be on the roof without a Trainer or a Studio's Representative.
4.5 Use the Services in case of feeling bad, suspected of getting an injury within the disease period (including an infectious one) and/or during a chronic disease exacerbation.
4.6 To use training equipment for other purposes and outside the training process.
4.7 Eat food in places, intended for trainings, in the Studio's recreation areas and locker rooms.
4.8 Use glass or other breakable glassware for drinks or meals in all Studio's areas. Use only plastic cups and / or other plastic containers.
4.9 It's forbidden to bring and store hazardous substances and objects in the Studio's premises, including explosives, explosive devices and objects, filled with them, compressed and liquefied gases, flammable liquids, flammable solids, oxidizing substances and organic peroxides, toxic substances, radioactive materials, caustic and corrosive substances, toxic and poisonous substances, firearms or any other weapons, stun guns, as well as piercing and cutting objects in order to ensure the Studio's Customers safety.
4.10 The Studio's Administration is entitled to refuse from visiting the specified items available.
4.11 Use profanity, both while communication and during telephone conversations in the Studio premises, talking loudly, disrespectfully and/or aggressively, doing all able to hinder others.
4.12 To leave their own inventory for storage in the Studio without the Studio Administrator's prior agreement and consent.
4.13 Independently change the television panels orientation and sound volume, including enable and/or demonstrate audio, video and other works while using any Studio's media and/or equipment.
4.14 The Studio is entitled to choose the songs, broadcasted in the Studio, as well as their broadcast order. We recommend you to carry a portable music player with headphones and use it as required, provided that its use doesn't pose a threat and/or harm to health, if the musical accompaniment in the Studio interferes.
4.15 Use perfumes, ointments and other cosmetic products, providing a pungent odor, as well as products, spoiling or polluting the Studio's equipment, premises and interior.
4.16 Use any jewelry in training. The Studio's Administration is not responsible for lost or broken jewelry.
4.17 Transfer subscription to Customers and third parties.
4.18 Enter technical rooms, intended for Studio's staff only.
4.19 Independently place inscriptions, announcements, advertising materials in the Studio premises, conduct surveys or carry out advertising, marketing, consulting or other activities, including business.
4.20 Collect and/or distribute Customers' and Studio staff's personal data by using any methods.
4.21 Carry out professional photo shooting in any form in the Studio or record the training process on a smartphone (photo/video) without the official written Studio Administration's permit. All source materials are strictly agreed with the Studio's Administration.
4.22 Bring and use household appliances in the Studio.
5. OTHER TERMS
5.1 The Studio Administration is responsible for monitoring compliance with the current rules.
5.2 The Customer is obliged to pay the appropriate fee at the Studio's request in the amount, established by the Studio in the event of loss of the card (subscription) or keys to a cell for personal things storage: Card restoration: 100CHF Key loss: 100CHF
5.3 Things, forgotten by the Customers, if being found in the Studio's premises, are stored only for 1 (one) month from their discovery date and should be disposed of in future. The Studio is not responsible for the things lost or left.
5.4 It's required to immediately report about any lost/left things to the Studio reception.
5.5 All the cells in the locker rooms should be free of all Customers' things after the training termination. The key should be given up to the Studio's Manager.
5.6 The Studio's Customer is obliged to immediately notify the Studio in case of the locker key lost in order to prevent possible abuse by third parties.
5.7 The property shall be deemed issued in an appropriate state, if the Customer failed to make any claims upon the Studio property receipt.
5.8 The Studio is not responsible for vehicles left in the Studio's adjacent territory.
5.9 The Studio is not responsible for damage to the Customer's property, caused by the third parties' actions.
5.10 The Studio is not responsible for damage (accident) to any persons, who are not the Studio's Customers, entering and staying in the Studio without the Administration's permit.
5.11 The Studio is not responsible for technical inconvenience, caused by the city institutions, organizations, utilities and maintenance services, seasonal preventive and/or repair and construction works. Therefore, it is not obligated to pay and/or provide the Customer with any compensation.
5.12 In case of force majeure, occurred not through the Studio's fault, the Studio may unilaterally limit the Services volume and procedure provided without paying and/or providing the Customer with any compensation.
5.13 The Studio is entitled to use the Studio visitors' photos and videos and/or Studio's events for the company's advertising purposes. Should the Customer object to this, she/he should mention it prior to visiting the Studio.
5.14. The Studio is entitled to unilaterally amend the Agreement terms in case of Studio reconstruction, building or premises repair, as well as the Studio closure due to circumstances beyond its control.
5.15 In case of the Rules violation by the Customers, the Studio is entitled to revise the Agreement validity as well as to refuse from the Services provision due to the Customer's refusal to comply with the rules, information plates, available in the Studio and Studio staff's instructions and recommendations.
5.16 Any Studio Customers' and staff's data (including full name, date of birth, addresses, phone numbers, work data, visiting order, Studio's services use, etc.) is confidential and can't be shared/disclosed by the Studio, Studio's staff, Customers to third parties, except for the cases, stipulated by Swiss law.
5.17 All disputes and disagreements, related to Studio's Rules interpretation and enforcement, are resolved through negotiations between the Customer and the Studio. Disagreements, on which the parties failed to reach an agreement, are subject to consideration in the manner, prescribed by the law.
5.18 All, that failed to be regulated by the current Studio's Rules, is governed by the Swiss legislation.
5.19 Any Rules amendments and additions, as well as the rights use by the Studio, stipulated by the Rules and the Agreement, are not a basis for any compensation provision to the Customers.
Thank you for choosing our Studio! We are always striving to make your stay at TOPSTRETCHING® as comfortable and effective as possible. Achieve your best in sports and have a nice mood!
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USE LICENSE
User using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website. User is responsible for maintaining the confidentiality of his account. User must retain a copy of transaction records and TopStreching policies and rules. Unless otherwise stated, TopStreching brand and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
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republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; redistribute material from this website
DISCLAIMER
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law TopStreching Website and its suppliers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
LIMITATIONS
TopStreching will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: for any indirect, special or consequential loss; for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
LINKS
TopStreching has not reviewed all of the sites linked/linking to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TopStreching of the site. Use of any such linked web site is at the user's own risk.
SITE TERMS OF USE MODIFICATIONS
TopStreching may revise these terms of use for its web site at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
PAYMENT METHOD (through third party)
We Accept: Credit/Debit card; Twint
GOVERNING LAW
Any claim relating to TopStreching's web site shall be governed by the laws of the Canton of Zurich. Switzerland without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
SERVICES PROVISION AGREEMENT
«TOPSTRETCHING ®» stretching studio, hereinafter referred to as «Studio», on the one side, and «Customer», on the other side, hereinafter collectively referred to as the «Parties», have signed the current Agreement as follows:
1. The concepts and definitions, applied within the current Agreement.
1.1 Studio Guest is an individual, who is not a Studio's Customer and visits the studio for a trial session, as a guest or one-time visitor.
1.2 Studio's Customer is an individual, who has entered into a contractual relationship with the Studio by signing the Questionnaire and paying for the subscription, given the tariff plan, type and cost, valid at current subscription purchase date within the current Agreement.
1.3 Customer's Questionnaire is a document, confirming the Customer's consent with the current Services provision terms while being approved by the appendix to the current Agreement.
1.4 Plastic membership card is a personal card, allowing to identify an individual as a Studio's Customer and confirms the right to use the Studio's Services.
1.5 Services are the Customer provision with the right to visit training within «AEROSTRETCHING», «Split School», programs, conducted in groups, mini-groups, as well as in the individual training format in accordance with the Studio's schedule, including places booking services for the Customer in groups as well as the Customer's request administering services, permit creation and a subscription provision.
1.6. Services provision schedule: Sunday to Saturday from 7 am to 10 pm.
1.7 Services provision place - Studio's training rooms location.
1.8 Trainer is a person, engaged in training during the Customer provision with the Services.
3. The settlements procedure for both sports and the services.
3.1. The Customer is provided with the Service once paid for one of the Services (subscription) provision options: Trial class Trial class Group membership package
Dual sessions semi-private membership package Private sessions membership package An unlimited trainings number over a specified time period
3.2 The subscription cost is determined by the Studio, which the Customer is informed about, according to the official price list.
3.3. The Customer pays for the services at the cost, valid at the payment date, hereby providing own consent with the current Service cost. At the Questionnaire signing date, the Customer confirms, that he has read and agrees with the current Services cost, valid at the Questionnaire signing date.
3.4 The Customer pays the subscription services cost in full in Swiss Francs, by paying via bank card via the Studio's POS machine, or by paying through online client portal or mobile application, counted from the current Agreement signing date.
3.5 The Customer is provided with a permit (authorized Plastic Card), allowing to use the services while being introduced to the Administrator upon each visit to the Studio before the training start, in order to confirm the payment within the current Agreement.
3.6 The Studio's Customer is obliged to immediately (within 24 hours) notify the Studio Administration about the Plastic Card loss and restore it, if any, according to the current price list.
3.7 A plastic card is not applied to trial classes. If the plastic card or a document, confirming a previously paid trial or one-time class, is absent, the Customer will be entitled to visit the classes on the document basis, confirming his identity (including passport and driver's license), by signing up in the program while using a camera.
3.8 Payment within the current Agreement is made prior to the Services provision date as an advance payment, paid for the Services to be provided to the Customer within the relevant time period upon demand.
3.9 The Payer's refusal to pay for the services within the current Agreement is not a basis for the Studio's Customer exemption from financial obligations due to the current Agreement. The Studio's Customer is obliged to timely and independently make payment in the manner, provided for in the current Agreement.
3.10 The Customer shall be deprived of the right to visit the Studio until the amount is paid within the current Agreement terms, in case of the installments payment terms violation.
3.11 The Studio's obligations to the Customer shall be deemed fulfilled upon the current Agreement and the subscription term expiration.
4. The Agreement suspension, early termination and amendment.
4.1 Any funds that were paid are to any refundable, in any case of unilateral refusal from the subscription services within the current Agreement terms at the Customer's initiative or its termination due to the period expiration, which it is signed for. The Studio has a refund policy.
4.2. This is due to the Studio's expenses in connection with the place booking services provision in groups for the Customer, the Subscription creation, as well as preparation for the training organizing for a Customer, who failed to use the acquired right to get the Services.
5. The Parties' rights and obligations. The Studio is obliged to:
5.1 Issue an authorized Plastic Card, once the Customer has paid the full subscription fee within the current Agreement terms.
5.2 Render the services, provided by the official price list for an additional fee, at the Customer's request.
5.3 Provide the Customer with an opportunity to visit group classes, according to the original programs with the Studio Trainer, according to the Studio's work schedule, as well as the group classes schedule.
5.4 To ensure the proper Services quality, provided to the Customer in accordance with both Studio's methodology and training schedule.
5.5 Ensure the proper equipment and inventory functioning, used within the Services provision.
5.6 The studio is entitled to unilaterally change:
Training schedule; The trainer, provided in the schedule; The services cost, provided that the change is made before paying for the subscription by the Customer.
THE CUSTOMER AGREES TO:
5.7. Both comply with and avoid violating the current Agreement terms as well as the Studio's rules.
5.8 To timely and in full pay the subscription cost to the current Agreement fitness services
5.9 Pay for the Services in the manner and on the current Agreement terms basis.
5.10 Avoid transferring the Club Card to third parties. The Customer's rights within the current Agreement can't be transferred to third parties without the Studio's consent.
5.11 Have a Plastic Card and provide the Administrator with it at the reception desk in order to register own visit while visiting the Studio. Pay the new card creation cost in accordance with the current price list, in the event of Plastic Card loss.
5.12 Regularly look through with the Studio's classes schedule.
5.13 Carefully use the Studio's property.
5.14 Use the Studio's equipment for its intended purpose as well as immediately report about all the Studio's Rules violations (including damage to property and equipment) to either Trainer or Administrator.
5.15 Avoid using faulty equipment and inventory, as well as the ones, which usage rules are unknown, in order to avoid injuries.
5.16 The Customer confirms, that he doesn't have any medical contraindications for classes in the program chosen.
5.17 The Customer must go through a medical examination in order to determine the training opportunity within the Studio program, as well as to identify possible medical contraindications before the classes start.
5.18 The Customer is required to go through a medical examination at least once a year or even more often and at the Studio's request.
5.19 To fully comply with the recommendations and instructions of the Studio's Trainer on the equipment load and usage rules in both group and individual classes as well.
6. Parties' responsibilities.
6.1. The Customer is liable for damage, caused to the Studio's property in the amount of the damaged and/or lost property cost. At the same time, the Studio is entitled to unilaterally set off the services cost, failed to be rendered, but being previously paid for by the Customer as the payment for the damage caused.
6.2 By signing the current Questionnaire, the Customer confirms, that she/he agrees with the current Agreement content, is familiar with and accepts the Services provision rules, the training rules and that he doesn't have any medical or other contraindications for classes, provided within the current Studio's programs as well as that his physical form allows him to train on the program provided. The Customer is responsible for all his health deterioration-related issues, occurring during the Services provision or the injuries, caused during training.
6.3. None of liabilities may be applied to the Studio due to the Customer's health or injuries deterioration.
6.4. The Studio is not responsible for poor health-related harm, if the Customer's health state was worsened due to an acute illness, an injury or a chronic illness exacerbation, as well as in cases when the harm cause was the equipment or inventory usage rules violation.
6.5. The Studio is responsible for harm, caused to the Customer's health solely as the Studio's guilty actions result, aimed directly and exclusively at causing harm to the Customer's health. 6.6 The Studio is not responsible for harm, caused to the life and/or health, resulting from: The Studio provision with the false health state data or non-reporting of such data;
Acute or chronic Customer's illness, injury exacerbation; Customer's intent; Customer's negligence; Customer's classes, according to their own program, failed to be agreed with both the Studio's Trainer and the Studio itself;
«TOPSTRETCHING® visiting rules violation» and/or the Studio Trainers' recommendations, and/or the recommendations, posted on the information and/or warning, prohibition signs, available in the Studio or on the equipment; Third parties' actions;
In other cases, provided for by the Switzerland legislation.
6.7 The Studio is not responsible for harm to the Customer's health and/or property, caused by the third parties' actions.
6.8 The Studio is not responsible for any accidents that happen to the client in the Studio. By becoming a Customer, the client voluntary makes that choice, taking all the responsibility onto herself/himself.
7. Dispute resolution procedure.
7.1. All amendments and additions, aimed at the contractual relations optimization between the Parties, are made by bilateral agreements, being the current Agreement's integral parts.
7.2 All disputes or disagreements, arising between the Parties within the current Agreement or due to it, are resolved through negotiations between the Parties.
7.3 All the disputes or disagreements, failed to be resolved through negotiations, shall be resolved by the court in accordance with the current Switzerland legislation.
8. Final provisions.
8.1 The Studio is entitled to unilaterally and extrajudicially refuse from compliance with the current Agreement terms, given to return the Services' cost to the Customer, previously paid, but failed to be rendered.
8.2 The Studio is entitled to involve the third parties to provide the Services.
8.3 «TOPSTRETCHING® visiting rules» are an appendix to the current Agreement while forming its integral part. The Customer provides own agreement with the Rules terms and conditions, mentioned above, by accepting the current Agreement terms.
8.4. The Studio is entitled to change the operation mode, class schedules, price list and Services provision terms, about which it is obligated to notify the Studio's Customer by posting such data the Studio's website on the Internet within 1 (one) day before such amendments launch or at the Studio's reception desk.
8.5. The Studio is entitled to amend and supplement the Rules, mentioned above, as well as to adopt the Safety Rules. The Customer is deemed familiarized with the Rules' amendments and additions, the Rules as amended, safety regulations after 5 (five) calendar days from their approval date, provided that the text is posted by the Studio on information stands and/or other media in the Studio and/or on the Studio's website - topstretching.com.
8.6 By signing the current Questionnaire to this Agreement, the Customer provides his consent to the Studio use, process and store his personal data. The Customer permits both the Studio and its partners to send advertisements to the Customer by both telephony and email. The Customer must inform the Studio about his refusal from getting advertising, if any.
8.7 The Customer is notified and agrees to the training rooms, corridors and the hall video monitoring by the Studio in order to ensure security.
8.8 The current Agreement is deemed an Accession Contract. Its terms acceptance by the Customer is carried out by filling in and signing the Customer's Questionnaire.
THE CURRENT AGREEMENT'S ANNEXES:
No. 1 «TOPSTRETCHING® Studio visiting rules»;
No. 2 Customer's Questionnaire.
TOPSTRETCHING® VISITING RULES
1.GENERAL RULES:
The current Rules control the relationship between «TOPSTRETCHING®» hereinafter referred to as the «Studio»), trainers (instructors), employees, potential and regular customers, Studio guests, when the Studio provides fitness services to its Customers. The Studio means the place for training, provided by TOPSTRETCHING® Stretching Studio, including both sites and rooms, providing special technical equipment, intended for physical training and physical exercises within TOPSTRETCHING® Stretching Studio's Customer is an individual, who has entered into a contractual relationship with the Studio by signing the questionnaire and paying for the subscription, given the tariff plan, type and cost, valid at the current subscription purchase time. The Studio visiting rules (hereinafter referred to as the «Rules») are binding on the Customers. At the same time, the Studio is entitled to supplement and amend the Rules unilaterally, while notifying the Customers on such changes. The Customers or their legal representatives fill out and sign the Customer's Questionnaire, hereby providing own consent with the current Rules and Contract for the fitness services provision, in the event of agreement with the current Rules. The Customer or the Guest is obliged to carefully read the current Rules and comply with the instructions provided.
Work schedule: Sunday to Saturday from 7 am to 10 pm. The Studio is entitled to unilaterally change its schedule and / or individual zones/studios/halls use hours. The Studio's work schedule is posted on information stands, and/or other media in the Studio, and/or on the Studio's website, and/or are otherwise communicated to the Customer. The Customer is entitled to use the Studio's both premises and equipment within the Studio's work schedule only. The Customer is obliged to leave the Studio premises before its working hours termination.
The services cost and list, provided by the Studio, are determined at the rates, established by the Studio while being posted on information stands, and/or other media in the Studio, and/or on the Studio's website, and/or is otherwise communicated to the Customer. The Studio is entitled to provide its services at special, lower prices, including through the promotions. The Services are paid immediately before or instantly after their actual provision to the Studio's POS payment machine or online system. The Studio provides the following training programs: • «AEROSTRETCHING®»; • «Split School»; • «Healthy Back»; • «Body Ballet»; • «Personal»; • «Stretching & Mobility»
There are the following trainings formats: Trial class Group membership package Dual sessions semi-private membership package Private sessions membership package
An unlimited trainings number over a specified time period
1.1 The subscription tariff plan change is available for the more expensive tariff plan only, according to the standard price list, including a surcharge, made by the Customer. The tariff plan downgrade is impossible. Previous discounts and bonuses are not saved, if you change the tariff plan during the subscription validity period.
1.2 The subscriptions cost is determined by the Studio and is shared with the Customer. The Customer buys a subscription at the price, valid at its purchase time and agrees with the current subscription cost by purchasing it.
1.3 Payment for the subscription is deemed an advance payment. The funds paid as an advance are not refundable in the event of either the contract termination or its expiration.
1.4 Planned Studio's services must be paid by the Studio Guest immediately prior to the current services provision. In case of unpaid checks/services available, the Studio's Guest may be prohibited to visit the Studio until the full debt repayment.
1.5 The Studio's obligations to the Customer are deemed fulfilled upon the subscription and club card expiration.
1.6 The Customer may use incoming visits and services only within the current subscription validity period. Additional services are deemed provided and their cost is not refunded, if the Customer failed to use own right to use the services during the current subscription validity period, as well as refused from such right.
1.7 The Customer is entitled to use promotional bonuses in the additional visits or services form within the current subscription. Additional services are not subject to recounting or refund in case of refusal to use bonus privileges in the subscription or unilateral termination of the contract.
1.8 The Studio is entitled to change the subscriptions types and characteristics.
1.9 The Customer might be entitled to temporarily suspend own subscription for the vacation or illness when the medical certificate is provided. The subscription temporary suspension («freezing») term and availability depends on the subscription type and duration.
1.10 The subscription suspension is carried out in advance: from the current date onwards. Training visiting during the freezing period is prohibited.
1.11 The Studio Administration is entitled to coordinate additional subscription freezing opportunity for a good reason, including pregnancy/childbirth, surgery, severe injuries. In such a case, the Customer must provide the documents copies duly executed in accordance with the legislation (temporary disability sheets and epicrisis confirmation) with the simultaneous originals provision for review.
1.12 Acute respiratory viral infections, acute respiratory infections, influenza diagnoses are not subjects for extending the additional validity subscription period, not included in the tariff plan.
2. Training visiting rules
2.1 The Studio Administration is entitled to prohibit a Studio's Guest to visit group programs at own discretion.
2.2 Each Guest/Customer needs to register at the reception and provide own personal data, including name, date of birth, phone number, address, identity card (passport or driver's license) and photo in order to visit the Studio. The Studio's Guest/Customer may be prohibited to train in the Studio, if such data are absent.
2.3 Entrance to the Studio is available in case of plastic cards provision. The card is assigned to particular Customer while being a personal pass to the Studio and can't be transferred to other persons.
2.4 A plastic card is required to be provided to the administrator at each visit before the training start and is the right confirmation to visit the Studio by appropriate subscription.
2.5 A plastic card doesn't apply to either trial or one-time trainings. The Customer can be allowed to visit the training in case of own identity document (passport, driver's license) provision, as well as by registering in the program while using a photo, if a plastic card or document, confirming a previously paid trial or one-time training, are absent.
2.6 Subscription owners are not entitled to transfer plastic cards to be used by the third parties. The services within the current documents are provided exclusively to the Customers, whose name is specified in a particular subscription.
2.7 The Studio is entitled to withdraw the card and close the Customer's access to the Studio in the event of revealing non-compliance with the Customer's card owner.
2.8 The subscription re-registration is possible only for Customers personally upon both a passport and a plastic subscription card provision, as well as in case of the second person presence, whom they will reissue the relevant documents for. Renewed subscriptions are not subject to consideration for refunds, changes or switching to another tariff plan.
2.9 The subscription transfer is allowed only after the official subscription re-registration from the Studio's Administrator to new Customer. Re-registration procedure may involve additional cost. 2.10 The Administration is entitled to charge a fee for issuing a new Plastic Card in accordance with applicable tariff plans.
2.11 A key/bracelet for accessing the Customers' locker rooms is issued in exchange for a Plastic card or a basis, confirming a previously paid trial or one-time training. 2.12 If a Plastic Card is absent, the Studio's Guests will be provided with key/bracelet at the collateral value as of the current date or of an identity document/driver's license. After the training termination, the social card will be returned to the Customer in exchange for a key/bracelet.
2.13 The club operates in a studio format. The Studio visiting is available only in case of prior training (recording) reservation, according to the schedule. 2.14 The trainings schedule is available on studio website, online client portal and in the official mobile app, and in the Studio premises as well. The Studio is entitled to change the current Schedule and replace the Studio's Trainer.
2.15 All group trainings in the Studio are scheduled. The Studio is entitled to unilaterally change the trainings schedule, types and volume, as well as the trainers declared.
2.16 It is mandatory to pre-register for trainings through an online booking, by either calling the Studio or through official TOPSTRETCHING® Zurich website. Advance payment of the visit online is mandatory in case of booking a trial group or personal training.
2.17 The Customer is entitled to book sessions for no more than 3 trainings in advance, according to the Schedule.
2.18 The Customer is entitled to cancel an appointment for a group training no later than 3 hours before it starts during the Studio's working hours, as well as 24/7 one-self, through personal account while using official TOPSTRETCHING® web client portal. Otherwise, the visit booked by the Customer is deemed conducted while being subject to cancellation, i.e. the service is deemed actually provided and training cost is not recalculated for a refund.
2.19 The non-cancelled training cost is charged from the subscription (in case the subscription is limited in terms of number of sessions), if the Customer has got a Limited (Fixed) subscription or a personal training subscription. The subscription validity period is reduced in case of an unlimited subscription available.
2.21 Groups trainings are available in case of the group composition of at least 3 persons, who have booked places for training in advance (no later than 3 hours before the training). The Studio is entitled to cancel the training, if the required persons number is not enough. Trainings for the morning groups, failed to be formed, can be canceled before the Studio's working hours termination on the previous day, including Sun-Thu until 10.00 pm, Fri, Sat until 06.00 pm.
2.22 A Customer may fail to be allowed to train, if being late for over 10 minutes from the training start. The current training cost is charged from the Limit subscription Customers. The unlimited subscription validity period is reduced, if any.
2.23 The Studio keeps track of the services, provided to the Customer while using an internal accounting system. The Studio's accounting system data, related to the services volume and cost provided, are enough evidence in the event of any disputes.
2.24. Each Customer is provided with storage box in locker room to keep personal things, while visiting the Studio. The Studio Administration is not responsible for the Customer's personal things safety, forgotten in the storage cells, in the Customer's locker room or left in the Studio's premises.
2.25. Certain Studio's zones/halls usage is available only within the individual trainings with the Studio's employee. Independent trainings in the group programs halls can be carried out during the time period, free of both trainings, provided in the schedule as well as of preliminary reservation for individual training. Any Studio's premises rental is made by previous booking while contacting our Manager. Please contact our Studio Manager for detailed information on the zones/halls rental terms.
2.26 Persons less than 18 years old are prohibited to train in group trainings without prior coordination with the Studio Administration and submitting the corresponding request. 2.27 Persons less than 18 years old are entitled to visit trainings, corresponding to their age category, within special time interval, according to the schedule.
2.28 Children over 16 years old are entitled to visit the adult groups of the AEROSTRETCHING® program and the Split School in the event of their parents presence.
2.29 Children below 16 years old are allowed to visit Studio given that they are accompanied by an adult.
2.30 Persons over 18 years old are entitled to freely visit all training types, available in our Studios.
2.31 It is prohibited to visit trainings, not intended for pregnant women, during pregnancy period. Visiting is available only in case of the attending physician's appropriate recommendations. The Studio Administration and the Instructor are entitled to prevent the Customer from participating in the training process.
2.32 The Studio is entitled to limit the areas to be used by the Customers during the events.
2.33 The Studio's Customer is entitled to invite persons over 18 years old to the Studio for a guest visit, if it is stipulated by the subscription tariff plan. 2.34 A guest visit is available only within the current subscription of the Studio's Customer.
3. CUSTOMERS MUST COMPLY WITH THE FOLLOWING REQUIREMENTS:
3.1 The Customer is personally responsible for all the sports-related risks, while visiting the Studio.
3.2 The Customer is obliged to previously go through the medical examination in a specialized institution in order to determine the training opportunity within the Studio's program, as well as to establish possible medical restrictions.
3.3 The Customer (or minor) shall personally and verbally inform the Studio's Manager or the Trainer about such contraindications as well as comply with the obligation to be responsible for possible health consequences, which may arise during and after sports, which the Customer has previously been warned about in the event of any sports contraindications.
3.4 The Customer is personally responsible for his life and health, if the Customer failed to notify the Manager or the Studio Coach about own sports contraindications.
3.5 The Studio's Customer (a minor, who visits the Studio within the strict schedule), must immediately contact any Studio's Trainer or Manager in the event of the first malaise symptoms.
3.6 It's required to visit training delay-free way in order to avoid traumatic situations, otherwise the Instructor is entitled to prohibit the Customer to visit training.
3.7 Follow the Trainer's instructions within training in the Studio.
3.8 Take care of the Studio's property. The Studio makes every effort to maintain cleanliness and order in the locker rooms and Customers' areas.
3.9 All the Studio's Guests and Customers shall be liable for loss and damage to the Studio's property (including keys/bracelets and plastic cards), inventory, provided by the Studio. Guest/Customer is obliged to compensate for the damage in the manner and amount, established by the Studio.
3.10 Avoid using faulty equipment and inventory, as well as the ones, which usage rules are unknown.
3.11 Outer clothing should be removed order to maintain cleanliness and hygiene. The Manager or the Trainer are entitled prohibit the Studio's Guest/Customer to train in street shoes, without sports shoes and clothes; as well as is entitled to prohibit the Guest/Customer to train AEROSTRETCHING®, if the Guest/ Customer doesn't have the appropriate T-shirt, covering the armpit area.
3.12 Entrance to training zones is available only in the appropriate clothes, as well as in socks or replaceable, clean, stable shoes and training clothes. T-shirt, covering the armpits, is mandatory to visit AEROSTRETCHING ® training.
3.13 Be attentive and carefully move around in locker rooms, showers or during other visits of the Studio.
3.14 The cups used should be disposed in the special bins.
3.15 Sports equipment, used during training, should be returned to own place.
3.16 Follow personal and general hygiene rules, maintain Studio premises cleanliness.
3.17 Avoid leaving personal items unattended.
3.18 Both politeness and sports ethics should be the general behavior norm on the Studio's territory. It is prohibited to use profanity, as well as to commit other indecent acts, impeding the training and discrediting the Studio, its Customers and Studio staff.
3.19 Both Guests and Customers should be polite and correct in relation to each other, Studio's staff and third parties, as well as to their property.
4. CUSTOMERS ARE PROHIBITED FROM:
4.1 Climb the roof railing as well as climb over the railing.
4.2 To smoke (including electronic cigarettes) and/or to be in the Studio's premises, on the roof, balcony, including while being intoxicated.
4.3 The Studio's Administration is entitled to prohibit the intoxicated persons, as well as the ones behaving inappropriate way, to visit the Studio.
4.4 To be on the roof without a Trainer or a Studio's Representative.
4.5 Use the Services in case of feeling bad, suspected of getting an injury within the disease period (including an infectious one) and/or during a chronic disease exacerbation.
4.6 To use training equipment for other purposes and outside the training process.
4.7 Eat food in places, intended for trainings, in the Studio's recreation areas and locker rooms.
4.8 Use glass or other breakable glassware for drinks or meals in all Studio's areas. Use only plastic cups and / or other plastic containers.
4.9 It's forbidden to bring and store hazardous substances and objects in the Studio's premises, including explosives, explosive devices and objects, filled with them, compressed and liquefied gases, flammable liquids, flammable solids, oxidizing substances and organic peroxides, toxic substances, radioactive materials, caustic and corrosive substances, toxic and poisonous substances, firearms or any other weapons, stun guns, as well as piercing and cutting objects in order to ensure the Studio's Customers safety.
4.10 The Studio's Administration is entitled to refuse from visiting the specified items available.
4.11 Use profanity, both while communication and during telephone conversations in the Studio premises, talking loudly, disrespectfully and/or aggressively, doing all able to hinder others.
4.12 To leave their own inventory for storage in the Studio without the Studio Administrator's prior agreement and consent.
4.13 Independently change the television panels orientation and sound volume, including enable and/or demonstrate audio, video and other works while using any Studio's media and/or equipment.
4.14 The Studio is entitled to choose the songs, broadcasted in the Studio, as well as their broadcast order. We recommend you to carry a portable music player with headphones and use it as required, provided that its use doesn't pose a threat and/or harm to health, if the musical accompaniment in the Studio interferes.
4.15 Use perfumes, ointments and other cosmetic products, providing a pungent odor, as well as products, spoiling or polluting the Studio's equipment, premises and interior.
4.16 Use any jewelry in training. The Studio's Administration is not responsible for lost or broken jewelry.
4.17 Transfer subscription to Customers and third parties.
4.18 Enter technical rooms, intended for Studio's staff only.
4.19 Independently place inscriptions, announcements, advertising materials in the Studio premises, conduct surveys or carry out advertising, marketing, consulting or other activities, including business.
4.20 Collect and/or distribute Customers' and Studio staff's personal data by using any methods.
4.21 Carry out professional photo shooting in any form in the Studio or record the training process on a smartphone (photo/video) without the official written Studio Administration's permit. All source materials are strictly agreed with the Studio's Administration.
4.22 Bring and use household appliances in the Studio.
5. OTHER TERMS
5.1 The Studio Administration is responsible for monitoring compliance with the current rules.
5.2 The Customer is obliged to pay the appropriate fee at the Studio's request in the amount, established by the Studio in the event of loss of the card (subscription) or keys to a cell for personal things storage: Card restoration: 100CHF Key loss: 100CHF
5.3 Things, forgotten by the Customers, if being found in the Studio's premises, are stored only for 1 (one) month from their discovery date and should be disposed of in future. The Studio is not responsible for the things lost or left.
5.4 It's required to immediately report about any lost/left things to the Studio reception.
5.5 All the cells in the locker rooms should be free of all Customers' things after the training termination. The key should be given up to the Studio's Manager.
5.6 The Studio's Customer is obliged to immediately notify the Studio in case of the locker key lost in order to prevent possible abuse by third parties.
5.7 The property shall be deemed issued in an appropriate state, if the Customer failed to make any claims upon the Studio property receipt.
5.8 The Studio is not responsible for vehicles left in the Studio's adjacent territory.
5.9 The Studio is not responsible for damage to the Customer's property, caused by the third parties' actions.
5.10 The Studio is not responsible for damage (accident) to any persons, who are not the Studio's Customers, entering and staying in the Studio without the Administration's permit.
5.11 The Studio is not responsible for technical inconvenience, caused by the city institutions, organizations, utilities and maintenance services, seasonal preventive and/or repair and construction works. Therefore, it is not obligated to pay and/or provide the Customer with any compensation.
5.12 In case of force majeure, occurred not through the Studio's fault, the Studio may unilaterally limit the Services volume and procedure provided without paying and/or providing the Customer with any compensation.
5.13 The Studio is entitled to use the Studio visitors' photos and videos and/or Studio's events for the company's advertising purposes. Should the Customer object to this, she/he should mention it prior to visiting the Studio.
5.14. The Studio is entitled to unilaterally amend the Agreement terms in case of Studio reconstruction, building or premises repair, as well as the Studio closure due to circumstances beyond its control.
5.15 In case of the Rules violation by the Customers, the Studio is entitled to revise the Agreement validity as well as to refuse from the Services provision due to the Customer's refusal to comply with the rules, information plates, available in the Studio and Studio staff's instructions and recommendations.
5.16 Any Studio Customers' and staff's data (including full name, date of birth, addresses, phone numbers, work data, visiting order, Studio's services use, etc.) is confidential and can't be shared/disclosed by the Studio, Studio's staff, Customers to third parties, except for the cases, stipulated by Swiss law.
5.17 All disputes and disagreements, related to Studio's Rules interpretation and enforcement, are resolved through negotiations between the Customer and the Studio. Disagreements, on which the parties failed to reach an agreement, are subject to consideration in the manner, prescribed by the law.
5.18 All, that failed to be regulated by the current Studio's Rules, is governed by the Swiss legislation.
5.19 Any Rules amendments and additions, as well as the rights use by the Studio, stipulated by the Rules and the Agreement, are not a basis for any compensation provision to the Customers.
Thank you for choosing our Studio! We are always striving to make your stay at TOPSTRETCHING® as comfortable and effective as possible. Achieve your best in sports and have a nice mood!
Terms and conditions
TOPSTRETCHING
®