TERMS AND CONDITIONS
Unless we indicate otherwise, these Terms & Conditions apply to your use of the Site and/or any facility and service operated, owned and/or provided by Beat45 International B.V. (“BEAT45 International”) and the Affiliates of Beat45 International B.V. (collectively, “BEAT45”). For the purpose of these Terms & Conditions, “Affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Beat45 International, including, without limitation, their respective subsidiaries and affiliates, including Beat45 Boutique S.R.L. for the territory of Romania; and “You”, “you” or “your” means any person or entity, and any subsidiary, affiliate or associate of such person or entity, that uses or purports to use this Website and/or any facility operated by BEAT45 or service offered by BEAT45.
By accessing, browsing, and/or using the Site and/or any facility operated by BEAT45 (a “Club”), you accept and agree to be bound to these Terms. In addition, when using particular BEAT45 services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.
CLASS BOOKING GENERAL TERMS
BEAT45 Class Package holders receive the number of classes commensurate with the package purchased. Such classes may be redeemed at any studio operated by BEAT45 until such time that the BEAT45 Class Package is exhausted whether through consumption or expiry. BEAT45 Class Package holders may transfer or gift classes to third parties, including to other BEAT45 Class Package holders. BEAT45 makes no guarantee on the availability of classes as access to classes is on a space-available basis. BEAT45 Packages only give access to the class for which you signed up (at the specified time and location).
BEAT45 CLASS PACKAGE EXPIRY
Your BEAT45 Class Package starts on the date that you make payment in full via a valid Payment Method. BEAT45 Class Packages contain between one (1), five (5), ten (10), twenty-five (25) and thirty (30) classes and expire from the date of purchase. Expiry dates are as follows: Fresh Meat promotional classes: 7 days. 1 class: 30 days. 5 classes: 3 months. 10 and 25 classes: 6 months. 30 classes: 12 months. From time to time, BEAT45 may offer promotional offers with a different expiry date that is communicated in the promotional offer.
The BEAT45 membership entitles you to an unlimited number of classes during the term of the membership on a non-contract basis. The minimum BEAT45 membership term is 3 calendar months. The effective date of the term of any membership is always the 1st day of the month (e.g. 1 April or 1 May). The expiry date of any membership is always the last day of the month (e.g. 30 April or 31 March).
Cancellation of the BEAT45 membership must be communicated to BEAT45 in writing. This may be done by sending an email to info@BEAT45.ro. Alternatively, the BEAT45 membership holder can terminate their own billing cycle by logging into their online account, selecting “my packages” and selecting “end contract”. Please see “no refunds” policy.
A member may use the BEAT45 membership only in the event of payment up front or direct debit. A 30 RON- no-show fee is in place for spots booked and not attended and a 20 RON fee for late cancellations. You can cancel your booking online until 6 hours before the class starts. BEAT45 reserves the right to disallow you access to its Clubs in case of overdue payment(s) until such payments are settled fully.
No Refunds. UNLESS EXPRESSLY STATED TO THE CONTRARY HEREIN, OR AS PROVIDED BY APPLICABLE LAW, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. However, following your cancellation of your Beat membership you will continue to have access to the Club through to the end of your paid Beat membership cycle.
PAYMENT AND PRICE CHANGES
All BEAT45 classes and/or no-show/late cancellation fees due must be paid for before you attend a class. Payments can be made by direct debit, PIN or cash (at the studio) or by Credit Card (Visa, Mastercard) online.
BEAT45 reserves the right to change the prices. Any changes are announced in advance by placing statements on the Site and/or by email.
Its is the BEAT45 membership holder’s responsibility to terminate their own billing cycle by logging into their online account, selecting “my packages” and selecting “end contract”. Please see “no refunds” policy.
Reservations for the BEAT45 classes can be made 9 days in advance through the Site. A reserved class may be cancelled online free of charge until 6 hours before the start of the class. Cancellations made less than 6 hours in advance are charged in full on class packages and 20 RON is charged for BEAT45 memberships. A no-show fee applies to BEAT45 memberships of RON 30.
TERMINATION BY BEAT45
You agree that BEAT45, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with BEAT45 or use of the Site and/or Club and remove and discard all or any part of your account or any content uploaded by you, at any time. BEAT45 may also in its sole discretion and at any time discontinue providing access to the Site and/or Club, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof and/or Club may be effected without prior notice, and you agree that BEAT45 will not be liable to you or any third party for any such termination, provided that, if BEAT45 terminates your account other than due to breach by you of these Terms, BEAT45 shall refund a pro-rata proportion of the fee paid for the BEAT45 membership / BEAT45 Package in which such termination takes effect. BEAT45 does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site and/or Club may be referred to appropriate law enforcement bodies. These remedies are in addition to any other remedies that BEAT45 may have at law.
The current schedule is mentioned on the Site. BEAT45 reserves the right to change the schedule at any time. If possible, any changes are announced in advance by mentioning them on the Site or by email.
BEAT45 reserves the right to cancel a class that has been scheduled or to change the BEAT45 trainer mentioned in the schedule. In this case there will be no refund of any package.
BEAT45 is nearly always open but reserves the right to close its doors on public holidays or on other days.
Attending BEAT45 classes and leaving belongings in the changing rooms or in the elsewhere in the facilities (gym), are at your own risk. BEAT45 accepts no liability whatsoever for physical injury, loss or damage relating attending classes and leaving belongings in the changing rooms at BEAT45.
BEAT45 works with external trainers and always ensures high-quality classes. Even so, you always run the risk of receiving an injury during a BEAT45 class. By participating in a BEAT45 class you accept this risk of an injury. BEAT45 provides the following guidelines for reducing the risk of an injury:
Always consult a doctor before starting BEAT45 classes if you are not sure that you are completely healthy or if you are pregnant.
If you have an injury or any other physical inconvenience, always inform your trainer about this before starting the class.
Listen to and follow the instructions of the relevant trainer.
Ask questions if you do not understand an exercise.
Although we strive to only provide correct information on the Site, we are not liable for any inaccuracy and no rights can be derived therefrom.
You agree that the information you provide to BEAT45 on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
PROHIBITED CLUB CONDUCT
By using the Site, you promise to:
Respect our facility
Respect our customers
Respect our procedures
Respect our teams
Respect our product
PROHIBITED SITE CONDUCT
By using the Site, you promise not to:
Harass, threaten, or defraud Site users;
Make unsolicited offers, advertisements, proposals, or send junk mail to users;
Impersonate another person or access another user’s account without that person’s permission;
Share BEAT45-issued passwords with any third party or encourage any other user to do so;
Permit third parties to use any classes booked under your BEAT45 membership, including other BEAT45 membership holders;
Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
Upload material (e.g., virus) that is damaging to computer systems or data of BEAT45 or users of the Site;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
PROHIBITED SITE USES
Those who choose to access the Site do so at their own initiative and are responsible for compliance with all applicable laws
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You must be 18 years of age or older to use this Site or to purchase a BEAT45 membership and/or BEAT45 Class Package.
General. The Site provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by BEAT45. BEAT45 cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not BEAT45, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
Right to Remove or Edit User Submissions. BEAT45 makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice.
License Grant by You to BEAT45. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to BEAT45, you hereby grant BEAT45 and its affiliates, sub-licensees, partners, designees, and assignees of the Site (collectively, the “BEAT45 Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and BEAT45’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (1) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize BEAT45 to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by BEAT45 and these Terms, and to grant the rights and license set forth above, and (2) your User Submissions, BEAT45’s or any BEAT45 Licensee’s use of such User Submissions pursuant to these Terms, and BEAT45’s or any of BEAT45 Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) cause injury to any other person; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others. BEAT45 may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that BEAT45 determines in its sole discretion to be violative of the standards of this Site. BEAT45 takes no responsibility and assumes no liability for any User Submissions.
Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that BEAT45 does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT NEITHER BEAT45 (NOR ANY MEMBER OF THE BEAT45 GROUP OF COMPANIES (AND ANY SUBSIDIARY OF SUCH ENTITY), HAS ANY LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.
Feedback. If you provide BEAT45 with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), BEAT45 shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant BEAT45 a perpetual, irrevocable, non exclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
When using the Site and/or the Club, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the “FAQs”). All such FAQs are hereby incorporated by reference into these Terms.
OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by BEAT45 Boutique S.R.L. and/or Beat45 International B.V. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by BEAT45 (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of BEAT45 or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names used by us on the Site are proprietary to BEAT45 or its affiliates and/or third-party licensors. Except as expressly authorized by BEAT45, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Site may include links to other websites or services (“Linked Sites”) solely as a convenience to users. BEAT45 does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, BEAT45 makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT BEAT45 WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
LIMITATION OF LIABILITY AND DAMAGES
Nothing in these terms (including BUT NOT LIMITED TO THE “DISCLAIMERS” ABOVE AND LIMITATIONS OF LIABILITY BELOW) is intended to exclude or limit any liability that we may have to you by operation of applicable law. This includes liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. It is acknowledged however, that we accept no liability for THE NEGLIGENCE OF THIRD PARTIES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BEAT45 OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE CLUB AND/OR THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE FACILITIES IN THE CLUB OR THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH BEAT45, EVEN IF BEAT45 OR A BEAT45 AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BEAT45’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Generally, if a dispute arises between BEAT45 and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and BEAT45 agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law; Forum. These Terms shall be governed in all respects by the laws of Romania, without regard to conflict of law provisions. You agree that any claim or dispute you may have against BEAT45 must be resolved by a court located in Romania, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Romania for the purpose of litigating all such claims or disputes.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This (including the documents referred to herein), is the entire agreement between you and BEAT45 relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by BEAT45 as set forth in the Preamble to these Terms.
Disclosures. The services hereunder are offered by Beat45 Boutique S.R.L., a limited liability company incorporated and registered in Romania with company number CUI 39350907, whose registered office is located at: Calea Floreasca 111-113, Sector 1, Bucharest, Romania and;
Beat45 International B.V., a limited liability company incorporated under the laws of he Netherlands and registered in the Netherlands with Chamber of Commerce number 71754032, whose registered office is located at: Sint Janskruidlaan 356, 1187ED, Amstelveen, the Netherlands.