Terms and Conditions

ShapeUp - Terms and Conditions

Participation is at own risk and participants are required to inform the trainer about any injuries or complaints.
Participants are required to follow trainers’ instructions carefully. Participants should listen to their own body and discuss any concerns regarding particular exercises with the trainer.
Cancellation of the workouts:
The workouts will always take place regardless of the weather. Under extreme weather conditions (e.g. typhoon / thunder storms) or due to illness of the trainer, will the workout be cancelled. In case of (heavy) rain, the trainer might relocate the workout to the back-up location or online.
The workouts will be cancelled if less than two participants are registered for a workout.
Relocation or cancellation will be communicated (by email) no later than one hour before the start of the workout.
The member needs to sign out of the workout no less than two hours before the workout starts. If member does not sign out in time, the workout will be counted.
ShapeUp or its trainers are not liable for any injuries, illness or death of participants. Neither for any lost or stolen items.
The membership is personal and non-transferable.
Regular memberships will renew automatically monthly unless cancelled with a one month notice via info@shapeup.lu. Participants who purchased a regular membership can cancel their membership with a one month notice.
Participants can temporarily or definitely stop their subscription if they are unable to train due to injuries, illness or compelling reasons. This should be reported immediately via email to info@shapeup.lu. In an agreed situation, the subscription is paused from the day of notification.
The buyer may exercise the right of withdrawal within 14 calendar days from the day following the day of the conclusion of the contract. You do not need to provide any reason for exercising your right of withdrawal. If you have not used your membership within this period, this cancellation is cost-free and the full amount of your membership will be refunded. If you have used the membership in this period, ShapeUp can charge costs for the membership pro rata (from the date of activation of the membership until the date of cancellation, or in case of a Flexcard membership the already used credits will not be reimbursed). To exercise the right of withdrawal, the buyer must inform ShapeUp via e-mail: info@shapeup.lu about decision to withdraw from purchase. Notice of the exercise of the right of withdrawal must be given before the expiry of the right of withdrawal.

Personal Data

ShapeUp - Acknowledgement Release and Assumption of Risk

Acknowledgement of risk, injury & obligations

I acknowledge that the activities I am to undertake have potential dangers and by participating in them I am exposed to certain risks. I acknowledge and understand that while participating in any such activities:

I may be injured, physically or mentally;
Any physical conditions I may have of which I may or may not be aware, or which I may or may not have disclosed to ShapeUp (including its trainers, representatives, etc.), may be aggravated or worsened by my participation;
My personal property may be damaged or lost;
Other persons participating in such activities may cause me injury or may damage my property; I may be injured or suffer damage to my property as a result of the negligence or breach of contract of Mom in Balance Tokyo (including its trainers, representatives, etc.)
There may be no or inadequate facilities for treatment or transport for me if I am injured;
I may cause injury to other persons or damage their property;
The conditions in which activates are conducted may vary without warning.

I assume the risk and the responsibility for any injury, illness, death or property damage resulting from my participation in any activities caused to myself or others.

Release & Indemnity to ShapeUp

In consideration of the acceptance of my payment for participating in any activity, I agree to release and indemnify ShapeUp (including its trainer, representatives, etc.) as follows:

I participate in the activities at my sole risk and responsibility;
I release, indemnify, and hold harmless ShapeUp (including its trainers representatives, etc.) from and against all and any actions or claims which may be made by me, on my behalf or by third parties for or in respect of arising out of any injury, loss, damage, or death caused to me, my property or others, whether by negligence, breach of contract or in any way whatsoever.

I also agree that in the event of injury, death or loss or damage caused to myself or others, no claims, legal actions or otherwise, shall be made by me or on my behalf or by third parties against ShapeUp (including its trainers, representatives, etc.), in respect of that injury, death, property loss or damage.

Notice of Filming & Photography by ShapeUp

During ShapeUp workouts we often take photos to feature on our website, social media sites and in our email distributions. We want to respect your privacy. If you have concerns about having your photo included in any of these outlets - please let us know at the respective workout and contact us at info@shapeup.lu

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of [>>Name of website owner<<]. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

Personal Data

ShapeUp collects personal data of the students who are participating at the workouts in order to keep a file of its members, for the exercising of payment orders, and for the administration of ShapeUp. ShapeUp shall be careful while collecting these data and will always comply with the applicable Data Protection Act. ShapeUp will also use the personal data as mentioned above to keep the members informed about ShapeUp’s activities, and possible changes in, e.g., the class schedule. If the member does not want to receive any communication from ShapeUp, she/he can inform us via e-mail info@shapeup.lu. Without prior written consent, ShapeUp will never transfer any personal data of the Students to a third party. ShapeUp may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.