ISTA WELLNESS & FITNESS OPV PRIVATE LIMITED TERMS & CONDITIONS OF USE and PRIVACY POLICY:

Welcome to the ISTA WELLNESS & FITNESS web site at www.instafitness.com (“Site”) that is owned by ISTA WELLNESS & FITNESS OPC PRIVATE LIMITED. Herein after referred to as “ISTA WELLNESS & FITNESS ”. This Site is operated by ISTA WELLNESS & FITNESS and materials on the Site are primarily owned by ISTA WELLNESS & FITNESS OPC PRIVATE LIMITED. The user (“You”or Your” or “Members” or “User” or “Member”) agree to the Terms & Conditions of Use and Privacy Policy as a whole and/ or individually also.
The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and ISTA WELLNESS & FITNESS OPC PRIVATE LIMITED.
Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at info@istafitness.com.
The Terms and Conditions mentioned herein are to be read in tandem and in conjunction with the Privacy Policy of www.istafitness.com.
ISTA WELLNESS & FITNESS reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator at info@istafitness.com with your concerns.

ACCESS AND USE

All materials contained in this Site and contents hereof are protected by trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of ISTA WELLNESS & FITNESS or unless this Site expressly permits it. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on this Site can be made by contacting ISTA WELLNESS & FITNESS in writing at Business & Legal Affairs ISTA WELLNESS & FITNESS at 12A, First Floor, Idea Cosmic Plaza, C 2 – Block, Palam Vihar, Gurugram (HR)- 122017.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You agree that any Message whatsoever submitted by you onto the site becomes the property of ISTA WELLNESS & FITNESS and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as ISTA WELLNESS & FITNESS sees fit.

UNSOLICITED SUBMISSIONS

If unsolicited submissions are sent to ISTA WELLNESS & FITNESS via this Site, these submissions become the property of ISTA WELLNESS & FITNESS and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as ISTA WELLNESS & FITNESS sees fit.
You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against ISTA WELLNESS & FITNESS, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

LINKED SITES AND ADVERTISING

If you are interested in creating hypertext links to this Site, you must contact and take written approval from ISTA WELLNESS & FITNESS Marketing at 12A, First Floor, Idea Cosmic Plaza, C 2 – Block, Palam Vihar, Gurugram (HR)- 122017, before doing so.
In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or ISTA WELLNESS & FITNESS, including its respective employees, agents, directors, officers and shareholders.
If ISTA WELLNESS & FITNESS has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that ISTA WELLNESS & FITNESS is connected with, operates or controls these web sites. ISTA WELLNESS & FITNESS is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with ISTA WELLNESS & FITNESS.
ISTA WELLNESS & FITNESS takes no responsibility for third party advertisements that are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

TERMINATION

ISTA WELLNESS & FITNESS reserves the right to immediately terminate your use of, or access to, this Site at any time if ISTA WELLNESS & FITNESS decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that ISTA WELLNESS & FITNESS considers to be inappropriate or unacceptable.
In such event ISTA WELLNESS & FITNESS reserves the right to take appropriate legal action against you.

DISCLAIMER OF LIABILITY AND WARRANTIES

While ISTA WELLNESS & FITNESS does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied.
This means, without limitation, that ISTA WELLNESS & FITNESS DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that ISTA WELLNESS & FITNESS, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that ISTA WELLNESS & FITNESS is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person. You acknowledge that ISTA WELLNESS & FITNESS is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive, civil or criminal damages or actions, in connection with or arising from your use or from your inability to use the Site.

NO WARRANTY

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

INDEMNITY

You agree to defend, indemnify and hold harmless ISTA WELLNESS & FITNESS, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

LEGAL COMPLIANCE

You shall comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of memberships.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail to ISTA WELLNESS & FITNESS Attn: Legal Department, 12A, First Floor, Idea Cosmic Plaza, C 2 – Block, Palam Vihar, Gurugram (HR)- 122017 or to the email address you provide to ISTA WELLNESS & FITNESS during the registration process (in your case).
Notice shall 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 notice by certified mail, postage prepaid and return receipt requested, to the address provided to ISTA WELLNESS & FITNESS during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.

Principles and Standards

Responsibility to the public ISTA WELLNESS & FITNESS shall be dedicated in providing competent and legally permissible services within the scope of the knowledge, skills & abilities of their course. These services shall be provided with integrity, competence, diligence and compassion.
ISTA WELLNESS & FITNESS provides exercise information in a manner that is consistent with evidence-based science and medicine.
ISTA WELLNESS & FITNESS respects the rights of clients, colleagues & health professionals and shall safeguard client confidences.
Information relating to the ISTA WELLNESS & FITNESS /client relationship is confidential & will not be communicated to a third party not involved in that clients care without the prior consent of the client.

Rules & Regulations

ISTA WELLNESS & FITNESS shall have the unqualified right to make such rules, regulations and restrictions in the use of the institute property as it may deem necessary. All signs posted in the institute premises shall be considered as a part of the rules and regulations.

Batch selection

1. Batch and branch once selected will not be changed unless directed by the ISTA WELLNESS & FITNESS management.
2. The individual must commence class on the specified batch date unless directed by the ISTA WELLNESS & FITNESS management.

Discipline

1. You have to bring the ISTA WELLNESS & FITNESS ID-card every time you are entering the premises. The ID-card has to be worn and visible at all times you are on the premises. Entry will be restricted if the Members fail to present the ID-card.
2. Batch timings may be cancelled/ postponed due to unforeseen circumstances. Members will be notified of the change and make up classes will be taken.
3. The faculty holds the right to ask Members to leave the premise on account of misconduct or misbehavior so as to encourage Members who are serious about learning.
4. Please look after your belongings. ISTA WELLNESS & FITNESS shall not be held responsible for loss of belongings.

Facilities provided at ISTA WELLNESS & FITNESS

1. We provide international collection of books for reading, reference making in projects & to know more about current fitness expertise.
2. The books are for use only on the ISTA WELLNESS & FITNESS premises. Taking these books away from the library, copying any material in any format or any other method of duplication of data is strictly prohibited.
3. We also have facilities of Internet browsing to upgrade & support your knowledge with new recent articles & information.
4. Do not store data on the computer. No information/ materials to be take out of the ISTA WELLNESS & FITNESS premises.
5. Use of cardio equipment is prohibited.
6. There won’t be any assistance from floor staff in exercise card making or spotting.
7. In case of assistance required contact the ISTA WELLNESS & FITNESS staff.
8. Etiquette in the changing rooms.
9. Changing rooms can be used for changing clothes.
10. Other facilities like locker, steam, showers and towel are not to be used by the Members without prior consent of ISTA WELLNESS & FITNESS authorised personnel.
11. Eating is not allowed in the gym premises, the staff pantry can be used in case of emergency on acquiring permission.

Waiver:

I accept responsibility for my use of any and all apparatus, appliances, facility, privileges or service what so ever, owned and operated at this ISTA WELLNESS & FITNESS at my own risk, and shall hold this ISTA WELLNESS & FITNESS, its shareholders, directors, officers, employers, representatives and agents harmless from any and all loss, claim, injury, damage, or liability sustained or incurred by me resulting therefrom.

AGREEMENT Refund Policy:

Fees once paid will not be refunded by the ISTA WELLNESS & FITNESS in any event whatsoever. The ISTA WELLNESS & FITNESS reserves the right to expel members in the event that the conduct of the member is detrimental to the interest of the institute and the other Members.
The decision of the ISTA WELLNESS & FITNESS in this regard shall be final and binding on the concerned Member. In event of expulsion, the Members will not be entitled to claim refund of any amount paid by him to the institute and all amounts shall stand forfeited to the institute.
ISTA WELLNESS & FITNESS payments made availing any offer or promotion scheme will not be refunded or Transferred under any circumstances.

Waiver & Release of Liability:

This agreement contains a waiver and release of liability and indemnity agreement. Do not agree to this agreement before you read it. By agreeing (ticking the I agree check box) below, you acknowledge receipt of a fully completed copy of this agreement executed by you and the institute and a copy of the rules and regulations. You agree to be bound by the terms and conditions contained herein.
I agree to the above terms and conditions and accept the same voluntarily.

RULES AND REGULATIONS:

I. GENERAL POLICIES AND PROCEDURES
1. The ISTA WELLNESS & FITNESS shall have the unqualified right to make such rules, regulations, and restrictions in the use of the ISTA WELLNESS & FITNESS property as it may deem;
2. All signs posted in the ISTA WELLNESS & FITNESS shall be considered as part of the rules and
3. No member of the ISTA WELLNESS & FITNESS shall advertise or permit his membership to be advertised for sale. Memberships are non-assignable and non-voting.
4. Membership cards are issued to members only and are not to be used by friends or relatives. Infraction of this rule will result in immediate expulsion from the ISTA WELLNESS & FITNESS. The membership card is ISTA WELLNESS & FITNESS property, the possession of which may be determined at the ISTA WELLNESS & FITNESS’s;
5. Charges and fees for services and facilities are subject to change as deemed necessary by the ISTA WELLNESS & FITNESS. The ISTA WELLNESS & FITNESS reserves the right to withdraw any complementary services offered to ISTA WELLNESS & FITNESS members without given prior notice at its
6. In the event it is deemed advantageous to the ISTA WELLNESS & FITNESS to expand the facilities thereof, the ISTA WELLNESS & FITNESS may temporarily close for construction and will make reasonable efforts to substitute another facility for its members until such construction is.
7. The ISTA WELLNESS & FITNESS shall not be responsible or liable for any loss or damage to any property of members or their guests, including their automobiles and contents.
8. Any member who is loud, offensive, bothersome to other members or behaves otherwise in an unbecoming manner or who is cited for infraction of rules and regulations may be suspended or expelled from the ISTA WELLNESS & FITNESS. In the event of termination, the unused portion of any advanced payment shall be forfeited to the
9. Hours and days of operations are posted at the ISTA WELLNESS & FITNESS and are subject to changes as ISTA WELLNESS & FITNESS utilization dictates. The ISTA WELLNESS & FITNESS will remain closed on public holidays & once a month for maintenance.
10. There will be NO SMOKING permitted on the ISTA WELLNESS & FITNESS.
11. All members and guests must sign in at the reception desk upon entering the
12. Members must display membership cards every time they enter the ISTA WELLNESS & FITNESS. Members are requested to show photo I.D. with their copy of the membership agreement & temporary membership card until they receive the membership cards. Members will not be allowed entry to the ISTA WELLNESS & FITNESS without a valid membership card. 3 photographs have to be submitted for the formalities & card within 3 working days from the date of sign-up. The membership will not be activated without issuance of the membership card & can be terminated if photographs not received within stipulated
13. ISTA WELLNESS & FITNESS services may only be used by ISTA WELLNESS & FITNESS members in good. Members whose basic gym membership has expired must renew in order to take advantage of his privileges.
14. The ISTA WELLNESS & FITNESS is not responsible for Lost and Found items. Items found are immediately placed in public lost-and-found;
15. Any notice required or permitted to be given to you shall be considered duly given when personally delivered to you or mailed to your address as it appears on your membership agreement or as subsequently changed by written notice to the ISTA WELLNESS & FITNESS . No solicitation allowed in ISTA WELLNESS & FITNESS or parking lot.
16. The ISTA WELLNESS & FITNESS holds a right to reserve “RIGHTS OF ADMISSION” & reserves the right to “TERMINATE A MEMBERSHIP” as and when the management deems
17. The ISTA WELLNESS & FITNESS will keep the premises shut temporarily if there is a need arising out of an emergency situation taken place in the premises or in the neighbourhood as it deems necessary.
18. Any damages to Gold’s Gym facilities or property or the property of any members caused by another member or his/her guest, is the sole responsibility of the offending member. All costs of damages and repairs will have to be borne by the offending member. In case the member does not compensate the ISTA WELLNESS & FITNESS for the same within 15 days from the date of written notice the membership will be terminated and fees paid for membership or other services or facilities will be forfeited. Additional amount over the amount forfeited will have to be borne by the member.
19. The ISTA WELLNESS & FITNESS will provide one towel for use for shower per workout day complimentary. Additional towels if required will be available at a cost as posted in the
20. Photographic, video or related equipment are not allowed on the premises. Photography is strictly
21. Music played in the gym will be maintained at a standard decibel. Selection of music will be at the discretion of the management.
II. HEALTH ISTA WELLNESS & FITNESS
1. Members must wear t-shirts (covering the chest and back) at all times in the premise of ISTA WELLNESS & FITNESS;
2. Members must be properly attired in standard workout clothes (i.e. leotards, gym shorts. jogging suits) while in exercise;
3. The ISTA WELLNESS & FITNESS reserves the right to refuse anyone who is not properly attired and/or personally
4. Please be aware of circuit rules. Do not cut in on the circuit or do sets if other members are
5. Profanity is not allowed in the gym. Members shall not yell or scream across the
6. Use of the equipment should be instructed by Program
7. Return weights to proper racks when
8. Have a “spotter” when using heavy weights. No dropping the
9. No littering or leaving debris on the gym
10. Members who sweat profusely are asked to use towels when using the
11. Shaving in the gym is strictly
12. Members and their guests are required to shower prior to massages & using the
13. Eating and drinking is permitted in the lounge only. Please do not eat and drink in the workout areas, locker rooms and spa
14. Belongings may not be left in daily lockers overnight. Locks will be cut off and contents removed. The ISTA WELLNESS & FITNESS does not accept responsibility for items removed from premise of ISTA WELLNESS & FITNESS;
15. No personal belongings (i.e. gym bags, purses, extra clothing, cell-phones, etc.) are allowed in the workout;
16. No member shall solicit or perform personal training services on the premises. No external personal trainers will be allowed to workout in the premise of ISTA WELLNESS & FITNESS;
17. All members must allow themselves to a Fitness Assessment, Body Analysis & Fitness Testing before commencement of the exercise;
18. Members can carry out their own workout pattern at their own risk. Management is not responsible for any accidental damage caused due to unadvised exercise;
19. Foot covering (i.e. tennis or aerobic shoes) must be worn at all times in all exercise areas, as well as in the entire Socks and sandals are not allowed. Street shoes are not allowed.
III. GUESTS
1. No member shall bring in any individual to perform personal training services. External personal trainers have to complete formalities of payments & signing of an agreement form to do so.
2. All guests must register upon entering the
3. All guests must execute a Waiver and Release of Liability and Indemnity
4. Former members and members restricted from the ISTA WELLNESS & FITNESS may not enter as
5. Any guest found in the ISTA WELLNESS & FITNESS who has not paid the guest fee will be charged double and will no longer be able to use the ISTA WELLNESS & FITNESS . Members are responsible for their
6. All guest must abide by ISTA WELLNESS & FITNESS rules and regulations. CHILDR
7. Children under the age of 13 are not allowed in the ISTA WELLNESS & FITNESS expect for attendance of classes and events organized especially for
V. FEES
1. Membership is subject to realization of cheque & authenticity of currency notes. Membership will be invalid if fees are not received in Guests of Members: Seek desk.
2. Lost Items : Membership Card – Rs. 1000/-
3. Personal Coaching Programs: Please inquire from program
VI. WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
You agree that if you engage in any physical exercise or activity or use any ISTA WELLNESS & FITNESS facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any ISTA WELLNESS & FITNESS facility on the premises. Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, steam room, lobby area, or any equipment in the ISTA WELLNESS & FITNESS facility.
Member agrees to assume the risk in his or her participation in any activity, class, program, instruction, or ISTA WELLNESS & FITNESS -sponsored event. You agree that you are voluntarily participating in the aforementioned activities and using the ISTA WELLNESS & FITNESS facilities and premises and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property or even death.
You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge ISTA WELLNESS & FITNESS (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of ISTA WELLNESS & FITNESS, whether active or passive, or any of its affiliates, employees, agents, representatives, successors and assigns.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) ISTA WELLNESS & FITNESS’s premise improper maintenance of any exercise equipment or facilities, (c) ISTA WELLNESS & FITNESS’s premise negligent instruction or supervision, including personal training, and (d) you slipping and falling while on the facility or any portion of the premises for any reason, including ISTA WELLNESS & FITNESS’s negligent inspection or maintenance of its facility.
By execution of this agreement, you hereby agree to indemnity and hold harmless ISTA WELLNESS & FITNESS from any loss, liability, damage, or cost ISTA WELLNESS & FITNESS may incur due to your presence at the ISTA WELLNESS & FITNESS facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be broad and inclusive as permitted by the law in the Courts of India and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST ISTA WELLNESS & FITNESS FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.
VII. SEVERABILITY
These provisions of this contract are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. The ISTA WELLNESS & FITNESS ’s failure to enforce any remedy or provisions in this contract shall not be constructed as a waiver of such remedy or provision. VIII. GOVERNING LAW
This agreement shall be constructed in accordance with the laws of the City with jurisdiction and venue deemed proper in the city as it appears in the address of the ISTA WELLNESS & FITNESS only.
IX. INTEGRATION – ENTIRE AGREEMENT
This agreement constitutes the entire exclusive agreement between the parties and cancels and supersedes prior promises, representations, understandings, and/or agreements between the parties. The agreement may be modified only by an instrument in writing signed by all parties; however, the ISTA WELLNESS & FITNESS or any assignee of this agreement are authorized to correct patent errors in the agreement (and other related documents.)