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TERMS & CONDITIONS

 

At Calibrate Studios, we want to do our best to provide you with great service, governed by reasonable rules and expectations. To do so, we have some basic terms and conditions which you should all understand.

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Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.calibrate-studios.com (“the Site”) operated by Activempowerment Limited ( also known as “Trainer”, “us”, “we”, “our”, or “Calibrate Studios”), trading as Calibrate Studios, a Limited Company incorporated under the laws of Hong Kong Special Administrative Region with its registered address at Flat/Room A & F, 12/F, Ho Lee Commercial Building, 40 D’Aguilar Street, Central, Hong Kong. This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.calibrate-studios.com.

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By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Calibrate Studios Services. You are only authorized to use the Calibrate Studios Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Calibrate Studios website and discontinue use of Calibrate Studios Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

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Accounts

In order to access some features of the website, you will have to create a WIX.com  account on www.calibrate-studios.com. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

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Member Services and Policies

CANCELLATIONS: As stated in the membership agreement, YOU MUST CANCEL SESSION or RESCHEDULE SESSIONS (applies to all services) at least 24 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT SESSION. You may cancel class through our online system or by calling the studio directly.

 

MEMBERSHIP PACKAGES: Members who purchase ANY class pack, or personal training (such as, but not limited to 5-class pack, 10-class pack, all 1v1 and 2v1 personal training packages, or future promotional programs or membership packages) are subjected to a penalty charge for either a late cancel or an absence should they not cancel their reservation within the allotted 24-hour window.

PERSONAL BELONGINGS: You agree that Calibrate Studio is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss of or damage to any of your personal belongings.

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Calibrate Programs

All program packages (such as, but not limited to calibrateME, calibrateSTRONG, calibrateMASTERS, calibrateSWEAT programs) are prepaid packages that are on a “use it or lose it” basis. You agree that if you purchase one of our programs, you will be booked into all sessions and your weekly class credits will get deducted regardless of whether or not you show up for your session.

 

All prepaid program packages are non-refundable.

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Studio Rules & Regulations

You must have filled out and signed a pre-exercise form and waiver prior to using our facilities and joining any class, program or training session. If you have not done so, the waiver can be found at: https://www.calibrate-studios.com/waiver.

If recovering from injury or illness, notify the trainer prior to class start time.

You are responsible for using our studio and equipment correctly. If you are not sure how to operate any equipment, please ask our trainers before you use it. Note that you will be responsible for any damage that you cause through a wilful act or negligence.

As a courtesy to other studio members, please:

  • Use a clean towel when you use equipment, including exercise mats

  • Keep to the set time limits

  • Keep phone calls to an absolute minimum, note also that you must not use a camera in our studio without permission

  • Put equipment away after use

All members of the studio should treat other members and trainers with respect. We have the right to ask you to leave if you behave in a way that is deemed by our staff to be risky or seriously inappropriate, examples of such behaviour include, but are not limited to:

  • Threatening and harassing others

  • Damaging equipment

  • Using illegal or performance-enhancing drugs

  • Instructing other members when we have not authorised you to do so.

Individual safety is our priority and by agreeing to the Terms and Conditions set out  herewith you promise the following:

  • To make sure you know how to exercise safely, by asking if necessary

  • Endeavour to exercise safely

  • Not take valuables into the studio, even if you plan to put them in a locker.

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Refund Policy

Classes:

All classes and personal training packages are non-refundable. No exceptions.

Programs:

For our prepaid program packages, we will refund the remaining credits or fee within 6 months of purchase if: 

  • The program is cancelled

  • You can show us medical evidence that the program will cause you physical harm or injury

  • You can show us proof of relocation during the program cycle

  • The law requires us to refund the fee.

We will not refund you if the prepaid program has already expired.

Calibrate Studios reserves the right to make the final decision on refunds in exceptional cases.

Retail items:

Unused purchased merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days. No returns without a receipt.

For questions or support with online purchases or returns, please contact studio@calibrate-studios.com

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Limitation of Liability

By signing your initial “Participation Consent and Waiver of Liability” contract, and/or attending classes, events, activities, and other programs and using the Calibrate Studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Calibrate Studios workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that Calibrate Studios strongly recommends that you consult with a physician prior to commencing any classes or services. By signing this document, you acknowledge that you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By signing this document, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages Activempowerment Limited, its instructors, members and employees. You hereby acknowledge that you, and any minor* under your care, fully release. * No one under 15 may participate. A minor aged 15-18 may participate with a parent present.

The content on the Calibrate Studios website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Calibrate Studios, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Calibrate Studios reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Calibrate Studios.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

“Calibrate Studios,” “Calibrate,” and the “circular” icon and other graphics, logos, wordmarks, and designs are trademarks of Calibrate Studios in Hong Kong and/or other countries for which applications are pending. Calibrate Studios trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Calibrate Studios.

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Mobile Services

The Calibrate Studios Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Calibrate Studios Services via your mobile phone, (ii) the ability to receive and reply to Calibrate Studios messages, (iii) the ability to browse Calibrate Studios from your mobile phone and (iv) the ability to access certain Calibrate Studios features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Calibrate Studios and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

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Photography & Video Footage

We sometimes film or photograph the studio so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material. 

 

Paying Outside Providers, including Personal Trainers

 

Contractors, tenants and franchisees provide some services in our studio, such as personal training, physiotherapy and massage. In the case where you attend any event hosted by these contractors, tenants, and/or franchisees, you will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs or refunds.

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Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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Third Party Sites

Our Site may contain links to third-party sites that are not owned or controlled by Activempowerment Limited.

Activempowerment Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

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Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Hong Kong Special Administrative Region, without giving effect to any principles of conflicts of law.

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Changes to this Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

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Eligibility

Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using Calibrate Studios Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.

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Term

These Terms of Service shall remain in full force and effect while you use the Calibrate Studios Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting the studio directly via phone or email. Calibrate Studios may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

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Fees

You acknowledge that Calibrate Studios charges fees for its services, and Calibrate Studios reserves the right to change its fees from time to time in its discretion. If Calibrate Studios terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

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Password

When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Calibrate Studios immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

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Entire Agreement; No Waiver

These Terms of Service, together with our Privacy Policy, and any other legal notices published by Calibrate Studios on the website, shall constitute the entire agreement between you and Calibrate Studios concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Calibrate Studios failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Calibrate Studios reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Calibrate Studios website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

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Arbitration

YOU AND CALIBRATE STUDIOS AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING. Arbitration, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

 

Contact Us

If you have any questions about these Terms of Service, the practices of Calibrate Studios or its services, or your dealings with this site, please contact us at:

Calibrate Studios

studio@calibrate-studios.com

+852 6080 0665

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These Terms of Service have been updated and effective as of December 13, 2019.

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