Terms and Conditions
In this Agreement:
|When we say||We mean:|
|Activity||Any activity undertaken by you during an Event including any yoga training activity|
|Agreement||This agreement (including the PURE online application and personal data form) between you and Pure International (HK) Limited for the provision of activities by PURE.|
|Cardholder||A person who has entered into a separate cardholder agreement with PURE and has been issued with a physical PURE Card or who holds a virtual PURE Card.|
|Event||Agreed yoga training activities in the form of a workshop delivered to you by PURE teachers or guest teachers, either in person or through an online platform.|
|Existing Condition||A physical, mental, fitness, health, illness or medical condition/disability/injury (including asthma, diabetes, epilepsy, heart conditions, pregnancy, the taking of medication, skin condition, or existing injury) that you possess and that could be aggravated or increase your Risk of Injury by participating in the Event or any Activity.|
|Equipment||Any equipment used during the Event.|
|Fees||Any fees that you pay in respect of the Event|
|Loss||Liabilities, costs, expenses, damages and losses (including direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional or investigation costs and expenses).|
|Physical Activity||Any physical exercise or other physical activity whole participating in a Event including warm-up, strength training, running, agility drills, aerobic exercise, jumping, cardiovascular activities and flexibility training.|
|Protected Persons||Our directors, officers, Representatives, volunteers, sponsors, service providers and independent contractors.|
|PURE||Pure International (HK) Limited and any other company in the PURE Group (including but not limited to Pure Yoga Online Limited) that provides you with services and/or products relating to this Agreement.|
|PURE Card||The physical PURE Card or virtual PURE Card issued by PURE (if applicable).|
|Related Agreements||Any agreements that you enter into with PURE.|
|Representatives||Our employees and agents (including PURE Trainers but excluding other providers of services or products even if these are provided/supplied).|
|Risk of Injury||The risk of any type of injury (including minor injuries such as cuts, scrapes, muscle strains and torn ligaments and more serious injuries such as snapped ligaments, dislocated joints, broken bones, heart attack and concussion) disability (including permanent disability such as paralysis) and death.|
|Rules||The rules, regulations, guidelines and etiquette for taking part in all types of training services provided by PURE (including the Event).|
|Website||Our websites currently at www.pure-yoga.com and www.pure-fitness.com|
|We, our and us||PURE|
|You or you||You as a party to this Agreement and participant|
1.1 You are only entitled to attend the Event when you have paid the fees in full.
1.2 Please refer to the description of the refund and cancellation policy of your selected Event on the website
2. Your Physical Condition and Safety
2.1 You understand, agree and undertake that:
(i) participating in the agreed Event imposes various types/levels of physical and mental demands and Risk of Injury and you must disclose to us any Existing Condition that you are aware of.;
(ii) PURE representatives are not trained and qualified medical professionals and you shall not rely on any physical assessment by PURE as professional medical advice, or to use such assessment by PURE as the basis of any injury or health claim against PURE arising from the Event;
(iii) it is your ultimate responsibility to assess, and satisfy yourself, that you possess the fitness, skill and health levels adequate to safely undertake the Activities (including seeking professional medical assessment and advice yourself) and to use any Equipment;
(iv) you shall not perform any Activity if, in so far as you are aware, you possess an Existing Condition that could be aggravated or that could increase your Risk of Injury by your participation in the Activity;
2.2 You agree that our Representatives may refuse or discontinue your participation in the Event or Activity if they consider that an Existing Condition may be detrimental to your health or safety.
3. Effectiveness and/or Results of Training
3.1 You acknowledge and agree that:
(i) the effectiveness and/or results of the training provided in the Event cannot be guaranteed;
(ii) individual results of training provided in the Event may vary depending on your own efforts and cooperation in and outside of the Event; and
(iii) no representations, assurances or guarantees of any kind have been made or will be made to you by PURE or any Representative concerning any specific results and/or outcomes of the Event.
4. Nutritional, Dietary or Pharmaceutical Products, Advice and/or Recommendations
4.1 You acknowledge and agree that, except for Trainers providing Nutrition training and/or consulting, our Trainers are not qualified to advise you on the suitability of any nutritional, dietary and/or pharmaceutical product (whether sold by PURE or not) and you alone are responsible for the selection of any product you choose to use or ingest;
5. Assumption of Risk
5.1 You acknowledge and agree that you, being fully aware of the Risk of Injury, you still intend to participate in the Event on an entirely voluntary basis and agree to assume full responsibility for all Risk of Injury arising out of or in connection with the Event.
6. Waiver and Release of Liability
6.1 You waive and release all claims against us and all claims against each Protected Person, whether in contract, tort (including negligence) or otherwise, for any and all Loss you might incur arising out of or in connection with you participating in the Event;
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes our liability for death or personal injury caused by our negligence or the negligence of our employees or agents or for fraud or fraudulent misrepresentation.
6.3 We will not be liable to you for any indirect or consequential loss including loss of profit, loss of business, business interruption or loss of business opportunity.
7.1 You agree to indemnify us and each Protected Person and hold us and each Protected Person harmless against all Loss we or they may suffer or incur, whether in contract, tort, negligence or otherwise, arising out of or in connection with any breach by you of this Agreement or your participation in the Event.
8. Recording of Event & Data Collection,
8.1 You agree the Event can be recorded and stored by us in order to: (i) assess and improve your training or practice; (ii) evaluate and improve the Event; and (ii) for security reasons.
8.2 All online Events provided by PURE are strictly intended for your individual use only and you must not record the Event for public or commercial use. You must obtain PURE’s prior consent if you wish to broadcast the recordings in a public forum or intend to use the recordings for a commercial purpose, and we may charge you a fee in respect of such use.
8.3 We will collect and store the personal data you provide for the Event including the information in your application registration form, attendance and payments records, fitness and health records, and other relevant information provided by you during or outside of the Event. This information is used for the purpose of managing your registration and payments, managing the provision of the Activities, our internal evaluation of the Event.
8.4 The persona data we collect from you shall be kept confidential and will only be shared by third parties involved in the provision of the Event (such as contractors who provide administrative, technology, payment and/or other support services). Our recording of Event and collection of data from you will comply with applicable data protection laws and regulations.
8.5 Providing personal data is optional but failure to provide the personal data requested we request may mean we are unable to process your application or fully personalize your training Activities. You may seek access to and request correction of any personal data we hold about you by contacting our Privacy Officer at firstname.lastname@example.org
9. Intellectual Property Rights
9.1 All intellectual property used for the provision of the online Events belongs to PURE (including copyright, choreography, trademarks, logos, concept, and branding rights). This includes the intellectual property contained in training materials provided to you outside of the Event such as videos or other training materials. You agree that any intellectual property that is newly created during the online Event shall fully belong to PURE.
10. General Terms
10.1 If you are not yet 18 years old but over 14 years of age, your parent or guardian must co-sign this Agreement agreeing to be responsible for you until you turn 18 including responsibility for the payment of your Fees.
10.2 This Agreement is governed by the laws of Hong Kong.
10.3 This Agreement is personal to you. You may not transfer your rights and/or obligations under this Agreement to anyone else.
10.4 You agree that we may terminate this Agreement and your participation in the Event if you breach any Rules or if you engage in any behavior that prevents us from properly delivering the Event.
10.5 This Agreement replaces and extinguishes all previous agreements between you and PURE, whether written or oral, relating to the Event. Where you have an existing Cardholder Agreement and/or other agreements with PURE these agreements shall still operate and in the event of any inconsistency relating to the Event this Agreement shall prevail).
10.6 By signing this Agreement, you confirm that you have read, understood and agreed to all of its terms.