TERMS & CONDITIONS

Effective date: January 27, 2023

Terms & Conditions

These terms and conditions are entered into by and between Karada Lab Limited (hereinafter: “Karada Lab”) and Personal Trainer (hereinafter: “the User”) who use the venue booking service provided by Karada Lab, for the gym in 19/F., Comweb Plaza, 12 Cheung Yue Street, Cheung Sha Wan, Kowloon, Hong Kong (hereinafter: “the Venue”). Reference to the Venue also refers to all main training studios, all bathrooms, massage/make up room and rest area where applicable.

1. The User acknowledges that Karada Lab operates under rules and regulations established for the safety and protection of its users, and agrees to be bound by such rules and regulations, as well as the rules and regulations subsequently approved and posted or otherwise published by Karada Lab. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Venue, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole and absolute discretion of Karada Lab. User agrees to accept such reasonable change(s) as a condition of using the venue.

2. The User of Karada Lab’s venue booking service must obtain at least one personal training qualification. Karada Lab reserves the right to immediately terminate the Access Authority of user who doesn’t obtain the qualification, and Karada Lab shall not in any event refund in whole or in part any of the fees payable by this User under this Agreement.

3. Only Users who have brought public liability insurance and professional indemnity insurance can teach personal training lessons in the venue. Karada Lab shall not be liable of whatever nature for any claims or compensation whatsoever and howsoever arising from any personal training lessons.

4. The User recognizes that:

   a) User can bring along two (2) students (*) at most to use the venue;
   *Female Students Area in main training studios is specially-designed for female students only

   b) The User and his/her students shall be at least eighteen (18) years of age, unless otherwise authorized by Karada Lab;

   c) The Users and his/her students confirm that their students do not suffer from health problems that would hinder exercise or prevent her from engaging in exercise, or that would be detrimental or adverse to the their health, safety or physical condition if their students did exercise. In case of any doubt, the Users and their students shall seek advice by a medical doctor who should confirm the ability to exercise. Karada Lab shall have no obligation to perform a fitness assessment or similar testing to determine the Users and their students’ physical condition;

   d) The Users and his/her students confirm that their students hold the necessary insurances to cover any accident or training incident. Karada Lab shall not be subject to any claim, demand, or injury whatsoever with regard to the assessment of the Users and their students’ health condition or for any injury arising out of the Users and their students/ disability, impairment or ailment;

   e) Under no circumstances shall User move exercise equipment or use the equipment in any manner not authorized by Karada Lab. The User shall not misuse the equipment and only use the equipment in accordance with the guidelines posted in the Venue. Should there be any violation of this rule by the User which cause damages to the equipment, Karada Lab reserves the right and discretion to immediately terminate the Access Authority and demand for monetary penalty or equivalent to equipment repair/replacement fee, whichever is higher, against the User;

   f) Users’ students are prohibited to use or move the exercise equipment in the absence of the Users. Should there be any violation of this rule by the Users’ students which cause damages to the equipment, Karada Lab reserves the right and discretion to immediately terminate the Access Authority and demand for monetary penalty or equivalent to equipment repair/replacement fee, whichever is higher, against the User. Moreover, Karada Lab shall not be liable for any injuries, physical impact or damages to the Users and their students, or the property of the Users and their students, caused by the violation of this rule;

   g) Any and all use of the Karada Lab shall be at Users and their students’ own risk at all times. Users and their students shall not utilize the machines unless they know the correct usage of the training device. Karada Lab shall not be liable for any injuries, physical impact or damages to the Users and their students, or the property of the Users and their students, or be subject to any claim arising out of the use of the venue and/or of the machines made available to the users;

   h) All equipment shall be wiped down by User after each use, with the supplies provided by Karada Lab, and all equipment returned to its correct position;

   i) User will receive a password to access the Venue after he/she settles the payment for the first booking:

   i. For payment settled during the back office working hours (hereinafter refer to: from 9 a.m. to 6 p.m. on all weekdays except public holidays), a password will be sent via WhatsApp to the User within 1 working day after the day of settling the payment; and

   ii. For payment settled outside the back office working hours, a temporary password will be sent via WhatsApp to the User within one (1) working day after the day of settling the payment. Temporary password holder must contact the customer service of Karada Lab to set up a new password as soon as possible during the back office working hours;

   j) User can request to reset the password during the back office working hours. Moreover, User can require Karada Lab to register two (2) fingerprints for accessing the Venue during the back office working hours. Under such circumstance, the User agrees to registration of a fingerprint scan, and the fingerprint scan identification is done without possibility of fingerprint reproduction;

   k) Users will automatically lose their Access Authority when Karada Lab hasn’t received any new bookings three (3) months after Users’ latest booking. The password and fingerprint record of Users will be deleted;

   l) The Access Authority to the Venue is for the User only, and they shall not give access to another individual. Access without advance booking shall be considererd as unauthorized use. Should there be any violation of these rules by the User, Karada Lab reserves the right and discretion to immediately terminate the Access Authority and demand for monetary penalty or equivalent to three (3) times of regular venue booking fee in accordance with the Price List in effect at the time being , whichever is higher, against the User;

   m) The Users and their students shall conduct themselves in a quiet, well-mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of the Venue by any other users. Profanity or indecent language and/or behavior will not be tolerated. Any conduct deemed by Karada Lab, in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of User’s Access Authority by Karada Lab;

   n) The Users and their students should not occupy any equipment for an extended period of time and should allow others waiting to use such equipment to work into their rotation;

   o) The climate of the Venue is controlled by Karada Lab and is set to provide the optimum exercise environment for the majority of its members. The User shall not change or seek to change any environmental controls and shall never prop open any doors or windows to the Venue for any purpose.

   p) Karada Lab accepts no liability for any loss or damage User and/or his/her students may suffer if the failure is attributable to:

   i. The User’s fault;

   ii. A third party unconnected with Karada Lab’s provision of services under this Agreement;

   iii. Event that cannot be foreseen or forestalled by Karada Lab; or

   iv. Unattended students left by the User

   v. Karada Lab reserves the right to pursue all claims and/or legal remedies available.

   q) For security reasons, Users and their students are advised to ensure all personal belongings are kept in their sight, and they are advised not to leave any personal items unattended. Karada Lab shall not be liable for loss of any money or personal items or loss or damage to your personal property whilst in the Venue;

   r) The Venue is under 24-hour recorded video surveillance, where the data will be stored for three (3) days, then deleted. The access of User is also logged;

   s) Temporary lockers with password lock are provided for the Users and their students. The locker users should fully aware that no surveillance camera is installed in the locker area. Users and their students shall remove their personal belongings at the completion of their visit. Karada Lab has the right to breaking open the locker and removes personal belongings that are left in the lockers at the end of each day. In case of forgetting password of the locker, a service charge of HKD200 may apply to the locker user, besides the expenditure as will be incurred for breaking open the locker and repair/replacement fee of the damaged locker. Karada Lab accepts no responsibility for theft or damage to locker user’s personal belongings kept in the lockers or otherwise for any reason whatsoever;

   t) All unclaimed personal belongings shall be kept by Karada Lab for a period of two (2) weeks, and being disposed or donated to charity. Valuable items will be turned over to the Police station;

   u) The use of mobile phones with camera features and/or and other types of visual records in changing area is strictly prohibited; and

   v) The normal hours of operation are as indicated from time to time at the Venue entrance and Instagram. Karada Lab reserves the right to adjust the hours for the purpose of cleaning, decorating, repairs, and special private functions and holidays.

5. Karada Lab reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Venue. Eating or drinking is not permitted in the Venue except in the designated areas as authorized by Karada Lab.

6. Karada Lab requires that Users and their students wear appropriate clothing and footwear while in the Venue. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear and sweat outfits. Street clothing and jeans are not considered appropriate clothing. All outdoor shoes are prohibited within the Venue. The Users and their students agree to have a cloth towel during workouts to protect and clean the equipment after their use.

7. Users and their students agree:

   a) Alcohol, drugs (including steroids), and smoking are prohibited within the Venue. The Users and their students agree not to use the Venue or engage in any activity at Karada Lab while under the influence of drugs, alcohol, or medication that may impair User’s ability to operate the equipment;

   b) Never shave in the showers or sinks;

   c) No weapons of any kind are allowed;

   d) No photography, videotaping, filming or audio recording is permitted within the Venue without the express written consent of Karada Lab’s management. After gaining permission, users and their students are requested to ensure that they do not offend any other person while performing these behavior within the Venue; and

   e) Gambling or gaming is prohibited within the Venue or on the premises.

8. Karada Lab may update their policies and practices in relation to the use of the Venue from time to time. They will notify the Users about the significant changes as made to its policies or practices by placing a notice in respect of such changes on its website or in its Venue.

9. The User agrees and acknowledges that his/her use and enjoyment of the Venue and/or services provided by Karada Lab under this Agreement may be limited by problem, difficulties and/or incapability of himself/herself and that the User is still obliged to make full payment of the venue booking fee and other charges under this Agreement and Karada Lab shall not in any event refund in whole or in part any of the fees payable by the User under this Agreement.

10. Karada Lab may suspend or terminate User’s Access Authority at any time, in its sole and absolute discretion, for non-payment of venue booking fee or for violation of any of Karada Lab’s policies and procedures, and that in so doing, Karada Lab assumes no further liability to adhere to the terms of this Agreement.

11. User has the right to cancel his/her venue booking no less than twelve (12) hours before the booking time, and receive a full refund within seven (7) working days.
12. User will have a cooling off period of seven (7) days from the date of submitting your application in which to cancel your purchase of credits and receive a full refund of any fees paid.

13. If Karada Lab makes any concession to a User or does not enforce any or all of its rights it shall not affect the rights of Karada Lab under this Agreement and does not mean that Karada Lab has given up these rights.
14. T&C may change without prior notice for the purpose of improvement.