AGREEMENT

Refund Policy:

Fees once paid will not be refunded by the institute in any event whatsoever.

The institute reserves the right to expel students in the event that the conduct of the student is detrimental to the interest of the institute and the other students. The decision of the institute in this regard shall be final and binding on the concerned student. In event of expulsion, the student will not be entitled to claim refund of any amount paid by him to the institute and all amounts shall stand forfeited to the institute.

Gym Membership Payments made availing any Offer will not be refunded or Transferred under any circumstances.

Waiver & Release of Liability:

This agreement contains a waiver and release of liability and indemnity agreement. Do not agree to this agreement before you read it. By agreeing (ticking the I agree check box) below, you acknowledge receipt of a fully completed copy of this agreement executed by you and the institute and a copy of the rules and regulations. You agree to be bound by the terms and conditions contained herein.

I agree to the above terms and conditions and accept the same voluntarily.

RULES AND REGULATIONS

I. GENERAL POLICIES AND PROCEDURES

The Club shall have the unqualified right to make such rules, regulations, and restrictions in the use of the Club property as it may deem[M1] necessary. All signs posted in the Club shall be considered as part of the rules and[M2] regulations. No member of the Club shall advertise or permit his membership to be advertised for sale. Memberships are non-assignable and non-voting.[M3] Membership cards are issued to members only and are not to be used by friends or relatives. Infraction of this rule will result in immediate expulsion from the Club. The membership card is Club property, the possession of which may be determined at the Club’s[M4] discretion. Charges and fees for services and facilities are subject to change as deemed necessary by the Club. The Club reserves the right to withdraw any complementary services offered to club members without given prior notice at its[M5] discretion.

In the event it is deemed advantageous to the Club to expand the facilities thereof, the Club may temporarily close for construction and will make reasonable efforts to substitute another facility for its members until such construction is[M6] completed. The Club shall not be responsible or liable for any loss or damage to any property of members or their guests, including their automobiles and contents. Any member who is loud, offensive, and bothersome to other members or behaves otherwise in an unbecoming manner or who is cited for infraction of rules and regulations may be suspended or expelled from the Club. In the event of termination, the unused portion of any advanced payment shall be forfeited to the[M7] Club. Hours and days of operations are posted at the Club and are subject to changes as Club utilization dictates. The Club will remain closed on public holidays & once a month for maintenance. There will be NO SMOKING permitted on the Club[M8] premises. All members and guests must sign in at the reception desk upon entering the[M9] Club. Members must display membership cards every time they enter the Club. Members are requested to show photo I.D. with their copy of the membership agreement & temporary membership card until they receive the membership cards. Members will not be allowed entry to the Club without a valid membership card. 3 photographs have to be submitted for the formalities & card within 3 working days from the date of sign-up. The membership will not be activated without issuance of the membership card & can be terminated if photographs not received within stipulated[M10] time.

Club services may only be used by ELITEEDGE GYM AND SPA members in good standing. A member whose basic gym membership has expired must renew in order to take advantage of his privileges.[M11] The Club is not responsible for Lost and Found items. Items found are immediately placed in public lost-and-found[M12] location.

Any notice required or permitted to be given to you shall be considered duly given when personally delivered to you or mailed to your address as it appears on your membership agreement or as subsequently changed by written notice to the Club. No solicitation allowed in club or parking lot. The club holds a right to reserve “RIGHTS OF ADMISSION” & reserves the right to “TERMINATE A MEMBERSHIP” as and when the management deems[M13] necessary. We are committed to providing a safe environment and strict action in accordance with law will be taken against anyone found guilty under sexual harassment behavior. For any complaint under sexual harassment behavior in the gym, you can reach out to us on the contact details specified on the poster at the concerned outlet. The club will keep the premises shut temporarily if there is a need arising out of an emergency situation taken place in the premises or in the neighborhood as it deems necessary. Any damages to ELITEEDGE GYM AND SPA facilities or property or the property of any members caused by another member or his/her guest, is the sole responsibility of the offending member. All costs of damages and repairs will have to be borne by the offending member. In case the member does not compensate the Club for the same within 15 days from the date of written notice the membership will be terminated and fees paid for membership or other services or facilities will be forfeited. Additional amount over the amount forfeited will have to be borne by the member. The Club will provide one towel for use for shower per workout day complimentary. Additional towels if required will be available at a cost as posted in the[M14] gym. Photographic, video or related equipment are not allowed on the premises. Photography is strictly[M15] forbidden.

Music played in the gym will be maintained at a standard decibel. Selection of music will be at the discretion of the management[M16] only.

II. HEALTH CLUB

Members must wear t-shirts (covering the chest and back) at all times in the[M17] Club. Members must be properly attired in standard workout clothes (i.e. leotards, gym shorts. jogging suits) while in exercise[M18] areas.

The Club reserves the right to refuse anyone who is not properly attired and/or personally[M19] clean. Please be aware of circuit rules. Do not cut in on the circuit or do sets if other members are[M20] waiting Profanity is not allowed in the gym. Members shall not yell or scream across the[M21] gym. Use of the equipment should be instructed by Program[M22] Directors. Return weights to proper racks when[M23] finished. Have a “spotter” when using heavy weights. No dropping the[M24] weights. No littering or leaving debris on the gym[M25] . Members who sweat profusely are asked to use towels when using the gym facilities and equipment. Shaving in the gym is strictly prohibited. Members and their guests are required to shower prior to massages & using the[M26] pool. Eating and drinking is permitted in the lounge only. Please do not eat and drink in the workout areas, locker rooms and spa areas. Belongings may not be left in daily lockers overnight. Locks will be cut off and contents removed. The Club does not accept responsibility for items removed from[M27] lockers. No personal belongings (i.e. gym bags, purses, extra clothing, cell-phones, etc.) are allowed in the workout[M28] areas. No member shall solicit or perform personal training services on the premises. No external personal trainers will be allowed to workout in the[M29] gym. All members must allow themselves to a Fitness Assessment, Body Analysis & Fitness Testing before commencement of the exercise[M30] program. Members can carry out their own workout pattern at their own risk. Management is not responsible for any accidental damage caused due to unadvised exercise[M31] routine. Foot covering (i.e. tennis or aerobic shoes) must be worn at all times in all exercise areas, as well as in the entire Club. Socks and sandals are not allowed. Street shoes are not allowed[M32] .

III. GUESTS

No member shall bring in any individual to perform personal training services. External personal trainers have to complete formalities of payments & signing of an agreement form to do so. All guests must register upon entering the[M33] Club. All guests must execute a Waiver and Release of Liability and Indemnity[M34] Agreement. Former members and members restricted from the Club may not enter as[M35] guests. Out-of-town guests will be charged guest[M36] fees. Any guest found in the Club who has not paid the guest fee will be charged double and will no longer be able to use the Club. Members are responsible for their[M37] guests. All guest must abide by Club rules and regulations.

IV. CHILDREN

Children under the age of 13 are not allowed in the Club expect for attendance of classes and events organized especially for[M38] them.

V. FEES

Membership is subject to realization of cheque & authenticity of currency notes. Membership will be invalid if fees are not received in Guests of Members: Seek desk. Lost Items: Membership Card – Rs. 1000/- Personal Coaching Programs: Please inquire from program directors.

VI. WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

You (Buyer, each member and all guests) agree that if you engage in any physical exercise or activity or use any Club facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any club facility on the premises. Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, steam room, lobby area, or any equipment in the Club facility. Member agrees to assume the risk in his or her participation in any activity, class, program, instruction, or Club-sponsored event. You agree that you are voluntarily participating in the aforementioned activities and using the Club facilities and premises and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property or even death. You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Club (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Club, whether active or passive, or any of its affiliates, employees, agents, representatives, successors and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) Club’s improper maintenance of any exercise equipment or facilities, (c) Club’s negligent instruction or supervision, including personal training, and (d) you slipping and falling while on the facility or any portion of the premises for any reason, including Club’s negligent inspection or maintenance of its facility. By execution of this agreement, you hereby agree to indemnity and hold harmless Club from any loss, liability, damage, or cost Club may incur due to your presence at the Club facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be broad and inclusive as permitted by the law in the Courts of India and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST CLUB FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.

VII. SEVERABILITY

These provisions of this contract are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. The Club’s failure to enforce any remedy or provisions in this contract shall not be constructed as a waiver of such remedy or provision.

VIII. GOVERNING LAW

This agreement shall be constructed in accordance with the laws of the City with jurisdiction and venue deemed proper in the city as it appears in the address of the gym on page 1 only.

IX. INTEGRATION – ENTIRE AGREEMENT

This agreement constitutes the entire exclusive agreement between the parties and cancels and supersedes prior promises, representations, understandings, and/or agreements between the parties. The agreement may be modified only by an instrument in writing signed by all parties; however, the Club or any assignee of this agreement are authorized to correct patent errors in the agreement (and other related documents.)