Terms & Conditions
A. ABOUT THESE CONDITIONS
1. These are the terms and conditions which apply to your use of this Website and the purchase of Goods and Services from us. If you do not agree to these Conditions, you must not use this Website.
2. This Website and the Goods and Services displayed on it are provided by MIX Studio GmbH, collectively referred to in these Conditions as "we", "us" and "our". When we refer to "you" and "your" we mean the user of this Website, purchaser of Goods or user of our Services.
3. You should read these Conditions carefully before using this Website or purchasing any Goods or Services from us.
4. We reserve the right to change these Conditions at any time.
5. If you have any questions about these Conditions, the Services or this Website, please contact us using the contact details in the “Contact Us” section of this Website.
6. When the following words with capital letters are used in these Conditions, this is what they mean:
“Session” any exercise session provided by us or on our behalf at the Studios as part of the Services;
“Conditions” the terms and conditions as set out in this document and as amended from time to time in accordance with Condition 2.4;
“Credit” sessions purchased via our Website and used to make bookings for sessions;
“Products” any product offered for sale at any of our Studios;
“Services” services available to you via this Website, including the sessions;
“Studios” any of our studios, as published on our Website from time to time; and
“The Mix” referring to MIX studio GmbH
B. USERS OF OUR SESSIONS
1. You must be aged 16 years or over to attend any of our sessions or to use any of our facilities at the Studios. If you are under 16, you may register and use the Website only with the involvement of a parent or guardian. Registration of a minor must be completed in person at one of our studios with a parent or guardian. And must meet the minimum height requirement of 150cm.
2. You agree to comply with our sessions rules which you can see online or displayed in all of our locations. The access rules relate to our opening hours, use of our facilities and your conduct.
3. Instructors and sessions are subject to change.
4. We reserve the right to refuse you access to the Studios and suspend or terminate your use of the Services if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Conditions or would otherwise be in the interests of other users of the Studios or participants in our sessions.
C. WAIVER AND LIMITATION OF LIABILITY
1. By signing up for and/or attending THE MIX sessions, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the "sessions and Facilities") of THE MIX you hereby agree that there are certain inherent risks and dangers involved in participating in the sessions. If you observe any hazard during participation, you will bring it to the attention of the nearest THE MIX employee or official immediately. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but they range from 1) minor injuries such as scratches, bruises and sprains; 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussions; 3) catastrophic injuries including paralysis and death.
2. In consideration of being allowed to participate in and access the sessions, you hereby (1) assume full responsibility for any and all injuries or damage which are sustained or aggravated by you as a result of your participation in the sessions and/or use of the Facilities, (2) waive, release and forever discharge THE MIX, its officers, agents, employees, instructors, ambassadors, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in the sessions and/or use of the Facilities, and (3) represent you have no medical or physical condition which would prevent you from attending any of THE MIX sessions/Activities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. THE MIX hereby advises you that individuals with any chronic disabilities or conditions are at risk in participating in the sessions, and are advised against doing so. In addition, if in the opinion of THE MIX staff or instructor, you would be at physical risk by attending the sessions, you will be denied access to the sessions until you supply THE MIX with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing THE MIX concerns, and stating that The MIX concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to participate in the sessions or use the Facilities. THE MIX reserves the right to refuse service at its discretion. For safety reasons, you are responsible for adhering to the above provision and agree to the conditions in the Waiver and Release Statement which you agreed to when registering for an account on our website.
D. SESSION PACKAGES
To book a session, your account must include at least one session package. Packages are sold in units of 1, 5, 10, 20 and 30,50 or as a limited session.Purchased session are non-refundable. Session of one unit must be used within one month.
Sessions of 5 Must be used within two month. Sessions 10 units must be used by the Client within a maximum time period of four months from the date of purchase.
Sessions of 20 and 30 units must be used by the Client within a maximum time period of six months from the date of purchase.
Sessions of 50 units be used by the Client within a maximum time period of eight months.
INTRO sessions used within 1 month.
The minimum length of all memberships is three months.
Payment is taken monthly at the beginning of the month and billed to the credit card on file on xxxxxx account.
By purchasing a membership you will be committed to a three month minimum term. After your third payment, you can cancel your membership at any time by signing into your account and cancelling from your ‘MY ACCOUNT’ page. The cancellation will take effect from the next billing date be aware that once the payment has been made we cannot issue a refund.
All membership sessions are valid for the monthly billing period and cannot be rolled over to future billing periods.
1. If all or part of the purchase credit is not redeemed by the expiration date, the amount paid or the balance remaining will not be reimbursed to the Client. Subject to any statutory right of cancellation, payments for packages are non-refundable unless otherwise stated in these Conditions.
2. Paid session subscriptions are personal and non-transferable.
3. Payment methods:
Via the website: www.themixmovement.com
Directly in person at the studio via card or Twint
4. Price details for packages are available on our Website and can be changed as determined by us from time to time.
5. Voucher codes are unique to each offer. Offers are subject to our discretion and may be withdrawn at any time and without notice. Vouchers cannot be re-used and are valid once per customer/per address.
Paid session subscriptions are personal and non-transferable.
E. BOOKING A SESSION
1. You can check availability and book sessions in advance online via our Website. When you book a session, one session will be deducted from your account.
2. We make every effort to ensure that there are a suitable number of sessions available at different times of the day. However, sessions are subject to availability and we do not guarantee that spaces will be available in any given session, even if you have sufficient sessions in your account.
3. STUDIO: You may cancel a booking up to 8 hours before the session at the studio and receive a refund of your session. If you cancel your session with less than 8 hours you will be charged a session from your existing package. If you have an unlimited monthly membership you will be charged a late cancellation fee.
4. LIVE STREAMING: You may cancel a booking up to 1 hour before the session and receive a refund of your session. If you cancel your session with less than 1 hour you will be charged a session from your existing package.
5. If the session you wish to attend is fully booked, you may choose an alternative session with remaining spaces. Alternatively, you may join a waitlist for the fully booked session. If you join the waitlist and a space becomes available, you will be automatically added to the session up to one hour before. You will be notified by e-mail if you are automatically added to a session.
6. Waitlist entries will automatically be allocated when a spot becomes available, up until one hour before the session start time - please ensure that you remove yourself from the waitlist if you don't think you'll be able to make it to a session on time or you will be charged automatically.
7. You can cancel your waitlist at any time up prior to one hour before the session time for a full session refund.
8. If you join the waitlist and a place on the fully booked session does not become available, you will not be charged and you will not be notified by e-mail.
9. If we cancel a session, your session will be refunded.
1. If you change your mind about any Goods purchased from us, you may return them to any of our Studios within 7 days with your receipt and we will give you a full refund provided that the Goods are unused, not damaged and with their original hangtags. This does not affect your statutory rights as a consumer
If you become aware of misuse of the Service by any person, please contact WE ARE W.
G. USE OF OUR WEBSITE
1. Use of our site includes accessing, browsing or registering though XXXXXXX through our Website. By using website https:// www.themixmovement.com you are confirming that you accept these Conditions and that you agree to comply with them.
2. We may update this Website from time to time and may change the content at any time. Any of the content on our Website may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions. If you are aware of any error on this Website please contact us by email firstname.lastname@example.org and we will endeavour to correct it.
H. YOUR USERNAME AND PASSWORD
1. Certain areas of our Website are restricted and may only be accessed if you are registered though XXXXXXXXXX with us and have been issued with or have chosen a username and password.
2. You must not allow any other person to use your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us at email@example.com as soon as possible.
3. We reserve the right to disable any user identification code or password used to access to this Website at any time if in our reasonable opinion you have failed to comply with these Conditions.
I. DATA PROTECTION/ PERSONAL INFORMATION
1. During client registration and in the context of the relationship that ensues, MIX studio GmbH collects personal data relating to the Client, specifically: name, address, telephone number, date of birth, sex, occupation, user name, as well as a password and an answer to a security question giving the Client access to online services in the xxxxxx system via the site www.themixmovement.com e-mail address, Client health status information, credit card number, expiration date and possible security codes, and the IP address of the Client’s computer used to connect to the xxxxxxx system via the www.themixmovement.com website.
2. This data collection takes place at the time of Client registration through the system xxxxxxxxx accessible via the site www.themixmovement.com or at the studio, during the course of payments made by the Client, during in-person interviews between the Client and representatives of THE MIX by phone, mail, e-mail or other means of communication, and when clients come to the studio to participate in sessions.
3. In order to make use of services provided by the xxxxxx system accessible via the website www.themixmovement.com (ex: for Client registration, subscription payment, session reservation, etc.), it is possible that the IP address of the Client is automatically recorded on the xxxxxxx server for the purposes of identification and statistics, and that information is automatically stored on the Client's computer, in the form of "cookies", in order to facilitate the use of the xxxxxx system accessible via the www.themixmovement.com and to improve client service quality.
4. The information collected is used by THE MIX for the specific purpose of managing the relationships with the Client (payments, reservations, organization of sessions, etc.), adapting services to the Client, verifying the Client's identity, sending information and other types of communication to the client (unless the Client has indicated that he does not wish to receive it, which he can do in the course of the registration process).
5. The Client’s personal data is processed via the CODEXFIT software platform, housed in the United Kingdom and conforming to the common data protection codes established by the UK Department of Commerce in collaboration with the European Commission (see http: xxxxxxxxxxxx --privacy-policy).
6. In no case will THE MIX share any personal data relating to the Client with a third party unless he is legally obliged to do so.
J. ELECTRONIC COMMUNICATIONS
1. The client registration process, the payments, as well as reservations for sessions can be made online via the Codexfit system accessible via the website www.themixmovement.com. Information exchanged electronically between the Client and THE MIX within this system are secured. However, it is not possible to absolutely guarantee that they cannot be intercepted by third parties.
2. Clients are hereafter made aware that registration, payment and booking of sessions are also possible at the studio. By completing registration online, and by making payments or session reservations in the CODEXFIT system accessible via the website themixmovement.com, the Client accepts the inherent risk of this type of communication.
3. The preferred form of communication between THE MIX and the Client is e-mail. E-mails exchanged between THE MIX and the Client in the framework of these general conditions will not be secured and it is therefore possible for these communications to be intercepted by third parties. In the course of the registration process, the Client can decline e-mail communication with MIX Studio GmbH.If he does not decline e-mail communication, or if he eventually does communicate via e-mail with THE MIX., the Client accepts the risks inherent to this type of communication.
K. INTELLECTUAL PROPERTY
1. We are the owner or the licensee of all intellectual property rights in this Website and in the material published on it. Those works are protected by copyright. All such rights are reserved. The design and layout of this Website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.
2. The trade marks, logos and trade names displayed on the Website ("Marks") are the property of The MIX. You are not permitted to download, copy, modify or use the Marks without our prior written consent or the consent of such third party who may own the Marks. (See also the section below on Trade Mark)
L. PERSONAL PROPERTY
1. Neither the Studio nor the Company will accept liability for any damage or loss to a Client or guest’s personal property brought into the Company’s premises. All activities are taken at the Client or guest’s own risk. Neither the Studio, the Company nor their employees shall be liable for personal injury sustained by clients or their guests whilst on the premises. Rider's or guests who suffer an accident or injury on the premises must report the accident or injury and the circumstances in which it occurred to the Studio team immediately following the accident or injury.
If you decide to access any such linked website, you do so at your own risk.
M. APPLICABLE LAW AND COMPETENT COURTS IN CASE OF DISPUTE
1. Swiss domestic law is explicitly applicable. In the case of litigation, THE MIX and the Client agree to submit themselves to the exclusive jurisdiction of the ordinary courts in Lausanne (VD).
N. INFORMATION ABOUT US
1. MIX Studio GmbH is a company registered in ZH, Switzerland number CHE- 170.516.611
We reserve the right to vary or amend these Conditions from time to time. Any changes shall take effect upon posting to this Website and our provision of Goods and Services to you.