By attending any class, event, session, service or activity, or by entering or using any studio, facility or equipment operated or provided by Focus Boutique Fitness Limited (the “Company”), you acknowledge and agree to the following terms.
You confirm that, to the best of your knowledge, you are physically and medically fit to participate in the activities you have selected.
You must disclose to the instructor before class any relevant injury, illness, pregnancy, recent surgery, medical condition, physical limitation or other circumstance that may affect your ability to participate safely.
You confirm that you have not knowingly withheld any relevant health information that could reasonably affect your safety or the safety of others.
The Company does not provide medical advice, medical diagnosis, medical treatment, nursing services or medical supervision. You are responsible for obtaining advice and clearance from an appropriately qualified medical professional before participating where you have any concerns about your health or fitness.
You acknowledge that indoor cycling, Reformer Pilates, private training and other fitness activities may be physically strenuous and involve inherent risks.
Such risks may include, without limitation:
muscular strains, sprains and joint injuries;
falls, collisions and loss of balance;
injury arising from the use or misuse of equipment;
dizziness, fainting, dehydration or abnormal blood pressure;
aggravation of an existing or previously unknown medical condition;
cardiac events, serious injury or, in exceptional circumstances, death.
You voluntarily choose to participate with full knowledge that these risks may arise even where reasonable care is taken.
You agree to exercise responsibly, remain aware of your own physical and mental condition and participate only within your own abilities.
You must immediately stop exercising and notify the instructor or a member of staff if you experience pain, dizziness, faintness, breathing difficulty, chest discomfort, unusual weakness or any other concerning symptom.
You are responsible for following all reasonable instructions, safety notices, equipment procedures and studio rules.
You must not use any equipment unless you understand how to use it safely. You should request assistance from an instructor where required.
The Company’s instructors and authorised staff have the right to:
modify an exercise or restrict a member’s participation;
require a member to stop exercising;
refuse entry to or remove a member from a class;
request medical clearance before permitting continued participation; and
require a member or guest to leave the studio.
Such action may be taken where the instructor or staff member reasonably considers it necessary for safety, health, conduct or operational reasons.
Members and guests must comply promptly with all reasonable instructions given by instructors and authorised staff.
Where you make a booking for another person, you are responsible for ensuring that the person:
is aware of these terms;
is medically and physically capable of participating;
understands the inherent risks of the relevant activity; and
follows all studio and safety requirements.
Each participant remains individually responsible for their own health, conduct and participation.
You voluntarily accept the ordinary and inherent risks associated with participating in the Company’s activities and using its facilities and equipment.
To the maximum extent permitted by law, you accept responsibility for injury, illness, loss or damage resulting from:
your failure to follow instructions;
participation beyond your own ability;
failure to disclose relevant health information;
improper or unauthorised use of equipment;
your own negligent, reckless or intentional conduct; or
the conduct of a person for whom you have made a booking.
Nothing in these terms excludes or restricts any liability that cannot lawfully be excluded or restricted, including liability for death or personal injury caused by negligence where such liability cannot be excluded under applicable Hong Kong law. Other exclusions of liability may also be subject to a legal test of reasonableness. (CLIC)
Subject to applicable law, the Company shall not be liable for any indirect, incidental, special, exemplary or consequential loss arising from or connected with the use of, or inability to use, the Company’s services.
This may include, without limitation:
loss of income or profit;
business interruption;
loss of opportunity;
reputational loss;
loss of data; or
losses arising from the independent acts or omissions of third parties.
Nothing in these terms limits the Company’s responsibility where such limitation is prohibited by law.
The Company may use third-party booking platforms, payment providers, software, websites, contractors or service providers.
The Company does not guarantee the uninterrupted availability or performance of any independent third-party service and, subject to applicable law, is not responsible for loss caused solely by the independent acts, omissions, outages or failures of such third parties.
Dissatisfaction with a third-party service does not automatically entitle a member to a refund from the Company, although the Company may provide reasonable assistance where appropriate.
Members and guests are advised not to bring valuable property into the studio.
All personal property, including items placed in changing areas, storage areas or lockers, is brought onto the premises at the owner’s risk.
To the maximum extent permitted by law, the Company is not responsible for loss, theft or damage to personal belongings, except where caused by the Company’s negligence or where liability cannot lawfully be excluded.
Lockers and storage facilities are provided for temporary convenience only and do not constitute a guarantee of security.
Members and guests must use all equipment and facilities with reasonable care.
A member may be required to reimburse the Company for the reasonable cost of repairing or replacing equipment or property damaged through deliberate conduct, unauthorised use or negligent misuse.
The Company may refuse admission, suspend participation or require a member or guest to leave the studio where that person:
fails to comply with safety instructions or studio rules;
behaves in an abusive, threatening, discriminatory or disruptive manner;
creates a risk to themselves or another person;
deliberately or negligently damages equipment or property;
interferes with the safe or proper operation of a class; or
appears medically unfit to participate safely.
Refusal of entry or removal resulting from a member’s breach of these requirements may result in forfeiture of the relevant booking credit, subject to applicable law.
Photography and video recording may occasionally take place at the Company’s studios, classes, events or activities for operational, training, community, promotional or marketing purposes.
Where reasonably practicable, the Company will provide notice before organised photography or filming takes place.
By voluntarily participating after receiving such notice, you consent to the Company recording and using your image, appearance and voice in photographs or videos for the stated purposes, subject to applicable privacy law.
If you do not wish to be photographed or filmed, you must notify the Company or studio staff before the relevant class or activity begins. The Company will take reasonable steps to accommodate your request.
The Company will not sell your identifiable image as an independent product without separate permission.
Members must not photograph, film or record other members, instructors or staff without their consent. Recording may also be prohibited where it affects safety, privacy or the class experience.
Where photographs or videos constitute personal data, they will be handled in accordance with the Company’s Privacy Policy and applicable Hong Kong data-protection requirements. Consent should be informed and specific rather than assumed merely from silence. (pcpd.org.hk)
By accepting these terms, you confirm that you are at least 18 years old and have legal capacity to enter into this agreement.
A participant under 18 years old may only participate with the consent of a parent or legal guardian and subject to any minimum-age, safety or class-specific requirements imposed by the Company.
A parent or legal guardian providing consent confirms that they have reviewed these terms and accept responsibility for the minor’s participation to the extent permitted by law.
Shops L708-L709,L702 Level 7, The ONE, No. 100 Nathan Road, Tsim Sha Tsui, Kowloon, Hong Kong