By availing of the Services, signing up for and/or attending any of our classes, events, activities, and other programs in our studios; pop-up events; visiting and using the facilities and equipment in the studios; or participation in Online Classes (the “Classes” or “Facilities”, as may be applicable), you represent that: (i) you are of legal age, or if below such age, have received the consent of your parent / legal guardian to sign up and participate; (ii) you are physically and psychologically fit to sign up, attend, and participate in the Classes and/or use the Facilities; (iii) you have no medical or physical condition that would prevent you from properly participating in our Classes or using our Facilities; (iv) you have not been advised or instructed by a physician or other medical practitioner to refrain from physical activity for any reason whatsoever; (v) you have read, completely understood, and voluntarily executed the Waiver and New Rider Waiver; and (vi) you acknowledge that if you have any chronic disabilities or conditions, you should not be participating in our Classes and using our Facilities.

You acknowledge that the availment or use of our Offerings may involve strenuous physical activities that are potentially hazardous and dangerous, and are only for those healthy enough to perform strenuous physical activities. Consequently, we shall not be responsible for any injury or accident that may occur by your availment of our Offerings.

Furthermore, in the event of any discomfort immediately do the following: (i) cease physical activity; (ii) notify our instructor or staff; (iii) contact your emergency contact; and (iv) seek medical attention.

You represent and warrant that you have consulted your physician prior to your taking part in the Classes, and that you have been cleared to engage in strenuous activity. Furthermore, the duty and responsibility to consult with a physician is yours and not the responsibility of Purefitness.

Our Classes, Facilities and Offerings may contain health and fitness information or instructions. These instructions are meant to be informational and do not constitute and should not be interpreted as medical advice. It does not substitute nor replace professional medical care or treatment.

Nothing provided though the Classes, Facilities, and Products shall constitute the practice of medicine or physical care, psychological or mental counseling, healthcare treatment, nor diagnosis or treatment of any ailment (whether physical or mental).

If you are availing of our Online Classes, you understand that you are performing these exercises independently, and not under the control and supervision of Purefitness. You are solely responsible for ensuring that your environment and surroundings are appropriate, and that your participation in the Online Classes will not pose any additional risk to yourself or to those around you.

Equipment sold by us are specifically sold to accommodate the maneuvers and actions with respect to classes that Purefitness designs. We make no representation or warranty as to the equipment’s suitability for exercise made by third parties, nor the suitability of equipment sold by third-parties, unless endorsed by us, to the exercises we design.

You agree to provide current, complete, and accurate purchase and account information for all purchases made with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

OWNERSHIP & RIGHT TO USE – You may, from time to time, create photos, videos, sounds, musical works, and other works of authorship which are taken or created in our studios, during Classes, or by identifying us or our social media accounts in the intellectual property you create (the “Content”). By identifying us or by creating intellectual property in our studios or during the Services, you grant us a perpetual, irrevocable, royalty-free, and worldwide right to use, modify, delete, exploit, publicly display, and reproduce the Content.

SOLICITED AND UNSOLICITED CONTENT – If you send submissions at our request (such as contest entries), or without a request from us, whether they be creative ideas, suggestions, proposals, plans, or other materials, sent to us through email, direct message, postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, or otherwise use in any medium the comments that you forward to us.

We are and shall be under no obligation to (i) maintain the Comments in confidence; (ii) pay compensation for the Comments; or (iii) respond to the Comments.

WARRANTIES – You warrant that: (i) you are the owner of the Content and/or Comments; (ii) in producing or creating the Content and/or Comments you have not infringed in the intellectual property of third-parties; (iii) the Content and/or Comments do not result in a contractual violation between you and a third-party; (iv) the Content and/or Comments do not contain any libelous, or otherwise unlawful, abusive, or obscene material; (v) the Content and/or Comments do not contain any line of malicious code meant to interfere with the normal operations of the Offerings, our general busines, or the business of third-parties; and (iv) you will not use an email address that does not belong to you, nor will you pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of the Content and/or Comments.

If royalties, payments, or monies are due by reason of the usage of the Content and/or Comments, you shall be solely responsible for the payment of such, without recourse to us.

You are solely responsible for the accuracy and truthfulness of the Content and/or Comments you make. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Our Privacy Policy forms part of these Terms. Please read and review our Privacy Policy which is available through the following link: https://www.electricstudio.ph/#/privacy.

The intellectual property used by us, whether registered or not, belong to us and are proprietary in nature. These may not be used by you for any reason, other than what is permitted by these Terms. These include content that you may find in-studio, in the Online Channels, flyers, billboards, advertisements, social media posts, and the like.

You are also prohibited from reproducing, modifying, or distributing our intellectual property without our prior written permission. Your use or ownership of the Offerings does not include the assignment of our intellectual property.

We are authorized to use the intellectual property of third-parties, and you may come across these through the Offerings. The third-parties retain their rights over their intellectual property, and you do not have a right to use, exploit, replicate, or duplicate such intellectual property without the express written consent of such third-party.

THIRD-PARTY WEBSITES – Certain content, products and services available through the Online Channels, or as you way otherwise encounter through the Offerings, may include materials from third-parties. Our Online Channels may also contain third-party links that may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party websites.

Visiting these third-party websites will be done at your own risk, and we are not liable for any harm, injury, loss, or damage you may sustain in connection with your use of third-party websites

THIRD-PARTY TERMS – We may use the services of third-parties to make our Offerings (such as the Online Classes) available to you. These third-parties have their own terms and conditions, and you represent and warrant that you will abide by all terms and conditions that the third-parties may require.

WAIVER — You acknowledge that there are certain inherent risks and dangers in indoor cycling and the exercise equipment associated with the Offerings and Facilities.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another but range from: (i) minor injuries such as scratches, bruises, and sprains; (ii) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (iii) catastrophic injuries including, among others, paralysis, and death.

You have read our safety instructions carefully and warrant to have understood the same, and that you will comply with all safety terms, posted safety signs, rules and verbal instructions given to you by us. An electronic copy or physical copy of the safety instructions, depending on availability, can be provided upon request.

FREE AND HARMLESS — You hereby (i) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to your participation in the Offerings; and (ii) release, indemnify and hold harmless Purefitness, Inc. / Electric Studio, and each of its respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to your participation in the Offerings.

In no case shall Purefitness Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, advisors. or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Offerings, or for any other claim related in any way to your use of the Offerings, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. In the event we are liable, our liability shall be limited to the maximum extent permitted by law.

ONLINE CLASSES – For purposes of our Online Classes, you are being given a non-exclusive and non-transferrable license to access our classes. This may not be assigned to a third party, you are prohibited from providing a third-party access to your account and account details, and neither is a third-party allowed to simultaneously participate with you in the Online Classes. If a third-party simultaneously participates with you or uses your account and account details to participate in the Online Classes, we shall not be liable for any injury, damage, or loss that may occur to such third-party, and we retain the right to deny you our service and declare the forfeiture of your existing class credits or purchased packages.

If a person participating in our Online Classes is below eighteen (18) years old, a parent, guardian, or a person of suitable age and discretion should supervise and be present, at all times, during the conduct of the Online Classes. Parents/ guardians undertake that a person of suitable age and discretion shall be present during their child/ward’s availment of the Services.

If the Online Class requires the use of any equipment, Purefitness shall not be responsible and shall not be obligated to provide the equipment needed. All costs necessary to or related to the Online Classes shall be at your expense. You also have the duty to ensure that the equipment is suitable for the Online Classes.

VALUABLES — You are urged to avoid bringing valuables into our Facilities and we shall not be liable for the loss of, or damage to your personal property, including items left in lockers, bathrooms, or anywhere else in the Facilities. You acknowledge that no portion of any fees paid by you is in consideration for the safeguarding of valuables.

BEHAVIOR — You agree to abide by our etiquette guidelines found in the Facilities and on our website (www.electricstudio.ph). We reserve the right to deny access to any person we deem to be acting in an inappropriate or unsafe manner.

COVID-19 WAIVER - You fully understand that the risk of contracting COVID-19 is present despite the safety measures implemented by Purefitness, Inc./Electric Studio for the in-studio classes. By participating in in-studio classes and visiting the premises, you acknowledge that you are increasing the risk of exposure and/or contracting COVID-19, and Purefitness, Inc/Electric Studio cannot guarantee that you will not be infected nor eliminate the risk that you will be exposed to COVID-19. You further acknowledge that the risk of infection and exposure to COVID-19 may result in the actions and omissions of third persons (such as employees, staff, patrons, and the like) over whom Purefitness, Inc./Electric Studio has no control nor supervision, or which may arise from a third person’s misstatements or lack of knowledge. You voluntarily assume these risks and hold Purefitness, Inc./Electric Studio free and harmless from any and all liability, claims and demands of whatever nature, if you come into contact with someone who is suspected of being or is confirmed to be COVID-19 positive, or you contract COVID-19 by virtue of my participation in the in-studio classes.

You agree to indemnify, defend and hold us harmless together with our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Offerings, and this supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against Purefitness.

These Terms and any separate agreements shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

You are not allowed to use any of the Products and/or Services that you purchase from us for commercial use. The Products and Services are intended for solely and strictly for personal consumption. If the Products and Services you purchased are used commercially, we have the right to cease your access to the Service or demand the return of the Product, and in both cases your payments shall be forfeited in our favor.