a) Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.
b) Amendment of Terms. Forme may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
c) Additional Terms. In addition to these Terms, when using particular products, services or features, you will also be subject to any additional posted guidelines, FAQs, or rules applicable to such product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms.
2. FORME PLATFORM
a) Forme Platform. Forme is a monthly subscription membership that gives Forme members access to reserve and schedule a wide range of fitness and recreational classes and services offered and operated by fitness studios, gyms, trainers, venues or other third parties that partner with Forme (“Venues”). Through the Forme platform you can access third party products and services. Forme itself is not a gym, fitness studio or service provider and does not own, operate or control any of the classes, services or facilities accessible through the site.
b) Membership Cycles. Your Forme membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method. Unless we otherwise communicate a different time period to you at the time of sign up (such as a multi-month commitment plan), each Forme cycle is one month in length (a “Membership Cycle”), and will automatically renew each month until your membership is cancelled or terminated. For example, if you purchase your Forme on March 10, your membership will automatically renew on April 10 (as further explained in “Billing Cycles,” below). You must provide us with a current, valid, accepted method of payment (which we may update from time to time, “Payment Method”) to use Forme. We will automatically bill the monthly membership fee to your Payment Method each month until your subscription is cancelled or terminated.
c) Venue and Class Availability and Allocation. Forme makes no guarantee on the availability of particular Venues, Venue locations or classes, and availability may change over time, including during the course of any given Membership Cycle.
d) Use of Forme. Your Forme membership is personal to you and members cannot transfer or gift classes to third parties, including other Forme members. Forme may not be used for commercial purposes. To use your Forme membership you must have access to the Internet.
a) Recurring Billing. By starting your Forme membership, you authorize us to charge you for your initial membership period and a recurring monthly membership fee at the then current rate, which may change from time to time. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes or cancellation or late fees, as further explained below.
b) Billing Cycle. When you sign up and purchase your Forme subscription, your first subscription cycle will be billed immediately. Your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Forme membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership.
c) Refunds. Our fees (including the monthly fee for your membership and any other fees) are nonrefundable
d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a posting on the Forme website or mobile applicable or such other means as we may deem appropriate from time to time, such as email.
e) Reservation and Cancellation of Classes. As a Forme member you must reserve and cancel your Forme classes only through the Forme mobile application. It is a breach of your Forme subscription terms if you cancel a class directly with a Venue, including through any online or mobile account you have with a Venue. If you cancel directly with such Venue, we reserve the right to charge you the full amount that the Venue charges for such class and/or any applicable cancellation fees, and/or to terminate your subscription.
Cancellation of Nutribox products
a) As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same.
b) However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
c) We reserve the sole right to cancel your order in the following circumstance:
I. In the event of the designated address following outside the delivery zone offered by us;
II. Failure to contact you by phone or email at the time of confirming the order booking;
III. Failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
IV. Unavailability of all the items ordered by you at the time of booking the order; or
V. Failure due to reasons beyond our control or attributable to the Vendor.
Refunds for Nutribox products
a) You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the services and only in the event of any of the following circumstances:
I. Your order packaging has been tampered or damaged at the time of delivery
II. Us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or
III. you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
b) Our decision on refunds shall be at our sole discretion and shall be final and binding.
c) All refund amounts shall be credited to your account within 7-15 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.
4. OTHER FEES
a) Fees We Charge. Your Forme membership fee covers your access to Eligible Classes as explained above. In addition to your membership fee, you are responsible for paying cancellation fees or missed class fees if you do not cancel your class with appropriate notice or do not attend your scheduled class. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign up fee) and to change the amount of any such fees at any time. Additionally, from time to time we may allow you to purchase additional classes, products or services through the Forme mobile app. If you choose to purchase any of these offerings, you will be responsible to pay the applicable fees in addition to your membership fee.
b) Third Party Fees for Using Forme. You are also responsible for all third party charges and fees associated with connecting and using the Site, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Site.
5. TERMINATION OR MODIFICATION BY FORME.
a) Termination or Modification. You understand and agree that, at any time and without prior notice Forme may (1) terminate, cancel, deactivate and/or suspend your subscription, your account, any orders placed, or your access to or use of the Site (or any portion thereof) and/or (2) discontinue, modify or alter any aspect, feature or policy of the Site or your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for classes or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of the Site or mobile application, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Forme will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription.
b) Infringing or Fraudulent Activity. Forme does not permit copyright infringing activities and reserves the right to terminate access to the Site and mobile app and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Forme may have at law or in equity.
6. ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS.
a) Eligibility Criteria. The availability of all or part of our Site may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Forme or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this Site or to purchase a Forme membership.
THE SITE IS NOT AVAILABLE TO PERSONS OUTSIDE THE Republic of India and its geographic boundaries. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY FORME. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE Republic of India WHO HAS NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. THOSE WHO CHOOSE TO ACCESS THES ITE DO SO AT THEIR OWN INITIATIVE AND ARE REPSONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
b) Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
c) Account Information. You agree that the information you provide to Forme at 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 computer, and you agree to accept responsibility for all activities that occur under your account.
8. PROHIBITED CONDUCT.
You promise not to:
1. Harass, threaten, or defraud users, members or staff of Forme or Venues;
2. Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
3. Impersonate another person or access another user’s account without that person’s permission;
4. Share Forme-issued passwords with any third party or encourage any other user to do so;
5. Permit third parties to use any classes booked under your own membership, including other members;
6. Cancel any Forme class directly with a Venue, rather than through the Forme Site,
7. Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
8. Upload material (e.g. virus) that is damaging to computer systems or data of Forme or users of the Site;
9. 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
10. Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
9. PROHIBITED USES.
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.
Forme reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
10. USER SUBMISSIONS.
a) 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 Forme. Forme 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 Forme, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
b) Right to Remove or Edit User Submissions. Forme 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. Without limiting the generality of the preceding sentence, Forme complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act” section below).
c) License Grant by You to Forme. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Forme, you hereby grant Forme and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “Forme Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Forme’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.
d) 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: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Forme 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 Forme and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Forme’s or any Forme Licensee’s use of such User Submissions pursuant to these Terms, and Forme’s or any of Forme 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. Forme may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that Forme determines in its sole discretion to be violative of the standards of this Site. Forme takes no responsibility and assumes no liability for any User Submissions.
e) 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 Forme 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 AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST FORME WITH RESPECT THERETO.
f) Feedback. If you provide Forme with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Forme 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 Forme a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
11. OWNERSHIP; PROPRIETARY RIGHTS.
The Forme website and mobile applications are owned and operated by Forme. 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 Forme (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of The Republic of India, 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 Forme or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Forme or its affiliates and/or third-party licensors. Except as expressly authorized by Forme, 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.
12. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.
The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. Forme 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, Forme 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 FORME 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.
Except as explicitly stated otherwise, legal notices will be served, with respect to Forme, on Forme’ national registered agent, and, with respect to you, to the email address you provide to Forme during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
CLASSES, ACTIVITIES, AND OTHER NON-FORME PRODUCTS AND SERVICES OFFERED VIA THE SITE ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT FORME. YOUR ATTENDANCE AT AND PARTICIPATION IN THESE CLASSES, ACTIVITIES, AND YOUR USE OF THESE NON-FORME PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL FORME BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A CLASS, SERVICE, PRODUCT OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY PROVIDER IN CONNECTION WITH THE SERVICES. FORME IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER.
THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FORME, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, FORME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WHILE FORME TRIES TO ENSURE AND MAKES EXTENSIVE EFFORTS THAT INFORMATION ON THE WEBSITE AND THE MOBILE APP IS CORRECT, WE DO NOT PROMISE IT IS ACCURATE OR COMPLETE. FORME MAY MAKE CHANGES TO THE MATERIAL ON THE WEBSITE AND THE MOBILE APP, OR TO THE SERVICES AND PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THE WEBSITE MAY BE OUT OF DATE, AND FORME MAKES NO COMMITMENT TO UPDATE THAT MATERIAL. IN PARTICULAR, WE DO NOT PROMISE THAT THE INFORMATION PROVIDED BY OUR PARTNER PRODUCT COMPANIES AND DISPLAYED ON THE WEBSITE SUCH AS THE PRODUCT DESCRIPTION, PRICING AND ESTIMATED TIMES FOR DELIVERIES AND COLLECTIONS IS CORRECT OR UP TO DATE.
FORME PROVIDE YOU WITH ACCESS TO THE WEBSITE AND OUR SERVICES ON THE BASIS THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING ANY CONDITIONS IMPLIED BY LAW WHICH BUT FOR THESE WEBSITE TERMS MIGHT APPLY IN RELATION TO THE WEBSITE AND THE SERVICES THAT WE PROVIDE).
USERS ARE RESPONSIBLE FOR THE SECURITY OF YOUR PASSWORD THAT YOU USED TO REGISTER WITH THE MOBILE APP. UNLESS, FORME NEGLIGENTLY DISCLOSES YOUR PASSWORD TO A THIRD PARTY, FORME WILL NOT BE LIABLE FOR ANY UNAUTHORIZED TRANSACTION ENTERED INTO USING YOUR NAME AND PASSWORD
15. WAIVER AND RELEASE.
You understand that Forme is not a gym or fitness studio or other service provider and the classes you take or services you use are operated and delivered by the applicable Venue and not by Forme. Although Forme endeavors to offer inventory that is of high quality, Forme is not responsible for the quality of any class or service. You understand that there are certain inherent risks and dangers in exercising and that the classes you may attend offer a range of activity and intensity level. By signing up for a Forme membership, you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to participating and to determine if and how participating in any class or service is appropriate for you. You also understand and agree that the Site offers health and fitness information that is designed for educational and entertainment purposes only and the use of any of the information provided on the Site is solely at your own risk.
Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless Forme, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract 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 arising out of or in any way related to your participation in or use of your Forme membership, including with respect to bodily injury, physical harm, illness, death or property damage.
16. INDEMNIFICATION; HOLD HARMLESS.
You agree to indemnify and hold Forme, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site and mobile app, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
Forme, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, the website or in connection with the use, inability to use or the results of use of the website, any websites linked to the website or the material on these websites.
Forme takes full responsibility for the content of the website and for the communication of orders to the Users as set out in these Website Terms. Forme’s customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavors to resolve any issues arising from the submission of orders via the mobile app including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between the users and the product companies that you place your order with.
Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from Forme’s negligence, nor Forme’s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights
18. VENUE WAIVERS AND TERMS.
Members taking classes or attending a gym are deemed to agree to the liability waivers of individual Venues. Your participation in any class or service may be subject to addition policies, rules or conditions of the applicable Venue. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s website or contact the Venue directly.
If any provision or part of a provision of these website terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these website terms and the remainder of these website terms will apply as if the offending provision or part provision had never been agreed.
Any failure or delay by you or us in enforcing (in whole or in part) any provision of these website terms will not be interpreted as a waiver of your or our rights or remedies.
You may not transfer any of your rights or obligations under these website terms without our prior written consent. We may transfer any of our rights or obligations under these website terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
The headings in these website terms are included for convenience only and shall not affect their interpretation.