Medical Waiver & Disclaimers
Please read the below medical waiver and disclaimers carefully before using the Platform or accessing any material, information or Platform Services through the Platform.
Our Products & Services
Please note that the headings herein are included for convenience and identification only, and are not intended to describe, interpret, define or limit the scope, extend or intend of these Terms.
You acknowledge that the Platform allows you to avail services / buy products directly from the Company as well as from various trainers engaged by the Company, through online and offline mode. We offer services through (i) offline mode in identified studios and fitness centres (operated by the Company) and at User's residence or office premises (“Fitness Classes”) as well as through (ii) online mode through our website www.betheshyft.com and the mobile application developed and operated by the us (“App-based Products and Services”) (collectively, “Fitness Services”). The products and services available on the Platform are listed below:
Purchase and avail physical and mental fitness centre memberships/classes and allied services, including physical fitness, mindful yoga and meditation related training activities, under the brand name 'Betheshyft', for both Fitness Classes and App-based Products and Services;
Booking appointments / sessions, for both Fitness Classes and App-based Products and Services (“Booking Services”);
Procurement and / or generation, reproduction on the Platform, sharing with relevant Vendors (defined below) for you, if applicable, and communication to you of (i) your indicative usage and / or consumption data of Fitness Services and Booking Services; and (ii) any documents or data generated from your purchase and / or usage and / or consumption of aforementioned products and / or services, separately as well as jointly with other products and / or services listed on the Platform, including transaction summaries, invoices, reports, scores, achievements, etc. (“Diverse Services”);
Fitness Services, Booking Services and Diverse Services shall be collectively referred to as “Platform Services” and shall be provided by the Company and third parties with whom the Company has contractual arrangements (“Vendors”);
In the interest of your physical and mental wellbeing, you understand and acknowledge that
Inherent risks: The Fitness Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby assert that your participation is voluntary and that you knowingly assume all such risks and hence hereby release the Released Party (as defined below) of all liability arising out of such aforementioned risks;
Illness/Injury: The Fitness Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby assert that your participation is voluntary and that you knowingly assume all such risks and hence hereby release the Released Party (as defined below) of all liability arising out of such aforementioned risks;
You will not participate in the Platform Services under the influence of heavy medication, drugs, alcohol or other mood-altering substances, or undertake the exercises/training offered through our App-based Products and Services while driving or operating any machinery.
Consultation by physician/healthcare provider:
You would consult your physician or health care provider before enrolling for the Fitness Services offered by us/ booking our classes, in the event you are or expect/suspect to (a) be pregnant, or (b) wear a pacemaker, or (c) suffer from epilepsy or seizures, or (d) have a history of mental illness, or (e) have eating disorder, or (f) have diabetes, or (g) have any other physical/ psychological/ emotional/ medical condition, or (h) are taking any strong medication.
You will obtain the approval of your health care provider/doctor before participating in the Platform Services, in the event you are over 65 years of age.
Medical Aid: There is no obligation for any person to provide you with medical care while performing the activities offered under the Platform Services. You further understand and acknowledge that:
there may be no aid stations available for the said activity; and
if medical care is rendered to you, you consent to that care if you are unable to give your consent for any reason at the time the care is rendered.
Disclaimer by Company:
The Company makes no claims, representations or guarantees that the Platform Services offered would provide a therapeutic benefit to all its Users. We hereby disclaim any guarantees of exactness as to the duration, type, satisfaction from the Fitness Services provided by us.
The Company is not a health care provider or a medical device provider and that our Fitness Services are neither medical/health care advice, nor a replacement for, or are a form of, therapy, and that the Fitness Services are not intended to cure, treat, or diagnose any medical conditions which a User may have.
You, for yourself and for your heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or claims of any nature whatsoever, including but not limited to any claims pertaining to a physical or mental injury or illness, or claims arising out of negligence of any Released Party (as defined below) or anyone else, that you may have now or in the future, against the Company, any of its affiliates, franchisees and their respective representatives, directors, officers, independent contractors, consultants, agents, employees or volunteer staff (“Released Party”), in relation to or in connection with or arising out of the availing of Platform Services by you. Without limiting the foregoing, you further release any recourses which you may, now or hereafter, have resulting from any decision of any Released Party.
You agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any claim made by you or anyone making a claim on your behalf, even if the claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.