TERMS OF USE POLICY

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Last Updated on August 2024

Please read these terms noted below carefully before engaging the services of Avant Garde Heroes at https://www.agdwfitnesstraining.com/agdw-book-online (‘we’, ‘our’ and ‘us’). These provisions will guide your engagement with Avant Garde Heroes. Contact Avant Garde Heroes if you have reservations on any provisions under these terms before using our services.

By using these services you Agree to be Bound to the fullest extent of the law by these terms and you Accept all responsibilities, liabilities and claims contained herein.

1.0.Who May Use

1.1.Only people aged at least eighteen (18) years and above may register as a member of Avant Garde Heroes or use the service. In cases where the majority age or the age of consent in your country is not eighteen (18) years then that age applies.

1.2.Parental guidance is mandatory where a minor uses our services and Avant Garde Heroes shall not be liable for any claim from the minor whatsoever. Where a minor engages with our services, the minor must be at least thirteen (13) years old.

1.3.In the case of access by a minor under clause 1.2 then two conditions must be met. (a) First, the minor and their parent/guardian must have signed a waiver and release

form; and
(b) Secondly, the parent/guardian undertakes to monitor such minor’s use of the

service at all times.
1.4.All members signing up for our services affirm that they have been cleared by a

doctor to engage in our services and that they have no underlying conditions that can

put them at risk.
1.5.Customers who engage in the pre-natal sessions undertake in addition to securing the

permission of their doctor to hold Avant Garde Heroes harmless from both

foreseeable and unforeseen risks ordinarily associated with pregnancy.
1.6. Members who resume their post-natal training after delivery shall secure their doctor’s clearance before starting their session. Equally, such members shall sign

waiver of liability as provided under clause 22 of this Agreement.

2.0.Additional Regulations & Updates

2.1.We reserve the right to offer new and additional guidelines from time to time that may apply to specific services or features. These new rules may include but are not limited to blog posts and marketing emails containing recipes, pre-recorded video workouts, and fitness education. You accept to be bound by these new guidelines to the full extent applicable.

  

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2.2.We equally reserve the rights to updates these terms from time to time without prior notice. In case a substantial update affecting your obligations and relationship with our services, we shall notify you on our website. You are required to read and acknowledge the new terms once they come into operation upon posting.

3.0.Membership Plans

3.1.You are required to register with Avant Garde Heroes in order to become a member. Registration is free of charge provided that one is eligible.

3.2. Registered members can purchase monthly subscription plans to enable them to receive training, coaching, and guidance provided by Avant Garde Heroes registered trainer/coach (“Avant Garde Heroes Trainers"). These include a set of monthly fitness training sessions (“Avant Garde Heroes Plans”).

3.3.Members will be presented with the cost of each Avant Garde Heroes Plan during the purchase process of a monthly subscription (“Membership Subscriptions”). Payments for each Avant Garde Heroes Membership Subscription will be processed at the time of purchasing the Avant Garde Heroes Plan or shortly thereafter. Single training/coaching sessions are available for purchase including a once-off payment for the single session.

4.0.Billing

4.1. Avant Garde Heroes shall bill you through your PayPal or personal bank account. Every member is required to maintain a PayPal account or other acceptable payment mode and to submit the most accurate details for billing purposes. Avant Garde Heroes accepts no liability arising from any payment issues whatsoever including but not limited to suspension of your PayPal account or bank account.

4.2.Members shall notify Avant Garde Heroes immediately of any changes in their payment method including cancellations, suspensions or delays.

4.3.Information collected from the members concerning their account details shall be handled in accordance with our Privacy Policy and no disclosures shall be made unless required by law.

5.0.Payment Method
5.1.Members undertake to directly pay their subscription to Avant Garde Heroes. Avant

Garde Heroes shall automatically deduct from the member’s account once the member agrees to these terms and shall receive payment directly from the member’s Payment Method Provider.

5.2. Members authorize Avant Garde Heroes to suspend or terminate their access to the services where a member declines or delays in paying the amount due upon demand.

6.0.Recurring Billing

6.1.Members acknowledge that Avant Garde Heroes shall apply to their Membership Plan a recurring payment feature and the members accept responsibility for all recurring charges owed prior to cancellation.

6.2.All cancellations to a recurring payment must be done seven (7) business days (excluding weekends and holidays) before the billing deadline and must be in writing sent via email. Members who cancel their subscription after the billing deadline agree to pay the recurring amount and treat it as unaffected by the cancellation.

7.0. Reaffirmation of Authorization

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7.1.Members reaffirm that Avant Garde Heroes is authorized to charge their Payment Method and that they shall honour their obligations to credit their accounts accordingly.

8.0.Refund Policy

8.1.Avant Garde Heroes does not provide refunds for Membership Subscriptions or single sessions bought. If you terminate your Membership, you may use it until the end of your then-current term; your Membership will not be renewed after your then-current term expires.

8.2.No refund shall be made for members who cancel their training sessions outside the stipulated cancellation periods stated in clause 11.0 below. In the event of cancellations of a training session within the stipulated period, the member has an option to carry forward the session to the following week.

9.0.Free Trials and Other Promotions

9.1.Avant Garde Heroes will award a once-off free trial session to every Membership Plan which shall lapse within the specified time. Any free trial or other promotion must be used within the specified time of the trial. If a Member is unable to attend a reservation that has been booked using the once off Free Trial session, the following fees will apply:

(a) Late cancellation fee: if you cancel a reservation with less than 2 hours notice of the start time, you will be charged a $10 fee.

(b) Missed class fee: if you miss a reservation without cancelling, you will be charged a $20 fee.

10.0. Pricing

10.1. Avant Garde Heroes shall list its membership plans and one-off purchases on the websites which are subject to change without prior notice to prospective buyers. Prices listed on the site are per person, unless otherwise noted.

11.0. Cancellation of Avant Garde Heroes Training Session

11.1. Members may cancel their scheduled sessions and reschedule the session as per their Membership Plan. All cancellations must be done within the indicated period and conditions available on the site for each Membership Plan.

11.2. This cancellation is within twelve (12), hours prior to the scheduled commencement of the Avant Garde Heroes Training Session, depending on your Membership Plan level respectively and may be subject to change by Avant Garde Heroes without prior notice. Members are therefore encouraged to update themselves with the conditions of the Membership plans to avoid unnecessary inconveniences.

11.3. If a Member cancels an Avant Garde Heroes Training Session during the Cancellation Period, the Member will be able to reschedule the Training Session. Members have the option of rolling over one session from one week to the next. However, members who cancel a Training Session outside of the Cancellation Period will lose the Training Session and no refund shall be made whatsoever as indicated under our Refund Policy in clause 8.0 above.

12.0. Your Interactions with Other Members

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12.1. You are solely responsible for your interactions with other Members or with Avant Garde Heroes Trainers whether on the Service or outside the scope of the Avant Garde Heroes Training Sessions.

12.2. Avant Garde Heroes shall bear no responsibility for such interactions and no claim shall be made against Avant Garde Heroes whatsoever with regards to the interactions between members or with Avant Garde Heroes Trainers.

13.0. Indemnity

13.1. Members hereby agree to indemnify, release and hold harmless Avant Garde Heroes, its affiliates, partners and employees from any and all losses, liability, claims, obligations, or damages (whether direct, indirect, incidental, actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with the services offered by Avant Garde Heroes, other Members, and Avant Garde Heroes Trainers, or other users or entities.

13.2. Avant Garde Heroes shall not be liable to any claim even where Avant Garde Heroes has been advised on the possibility of such a claim.

14.0. Term and Termination

14.1. This Agreement will remain in full force and effect while you use the Service and/or are a Member.

14.2. Avant Garde Heroes reserves the right to terminate the use of these services, suspend or close and delete a member’s account without prior notice and for any reason provided that where a member is in breach of the terms of this agreement such member shall be notified via email to remedy the breach.

14.3. Avant Garde Heroes reserves the right to close and delete at its own discretion and without prior notification any inactive account after a period of three (3) months of inactivity.

14.4. All users who are held to be in fundamental breach of these terms shall have their account closed and deleted without prior notice.

15.0. Account Security

15.1. Subject to our Privacy Policy, Avant Garde Heroes shall only be responsible for the details it collects to administer the services to you. You are responsible for maintaining the confidentiality of the username and password that you use to register for and use the Service.

15.2. Subject to our Acceptable Use Policy, members shall take reasonable care of their personal information relating to their accounts, payment methods and personal electronic devices including login details used to access our services and shall protect Avant Garde Heroes from unauthorised use, hacking, alteration or any damage, loss or stealing of information, algorithms, designs, contents etc by unauthorized persons.

16.0. Proprietary Rights
16.1. All contents, documents, website designs, training materials, algorithms,

customer logs and any other piece of information, material and/or procedure remain 4/6.

the rightful property of Avant Garde Heroes and may not be expropriated or exploited

for personal gain without the written consent of Avant Garde Heroes.

17.0. Content Posted by You on the Service

17.1. Only accurate and verifiable information may be posted by users and members. Avant Garde Heroes shall not be held liable for any misleading, inaccurate or unauthentic information published on its site.

17.2. Members are required to independently verify the content posted by others before relying on it.

17.3. Members also agree to be solely responsible for the User Content that they publish or display and understand that any unlawful or fraudulent content shall lead to both criminal prosecution and civil action at the discretion of the affected member.

17.4. No advertisements or contents unrelated to the services offered by Avant Garde Heroes are allowed. Members who breach this rule shall have their accounts disabled without prior notice and disciplinary procedure instituted against them forthwith.

18.0. License to User Content

18.1. By using Avant Garde Heroes’ services, you authorize Avant Garde Heroes to use all contents, posts, pictures, videos and any other form of information without compensation to you.

18.2. You assign all licenses, claims, interests, patents, copyright or any other legal right or claim in equity to Avant Garde Heroes for their sole and exclusive use without your permission or benefit.

19.0. Prohibited User Content

19.1. Subject to our Acceptable Use Policy, prohibited user content includes but is not limited to content that is patently offensive to the online community, is objectionable by members, unsolicited, menacing, fraudulent and unlawful.

19.2. Members who violate the Acceptable Use Policy by doing anything that is prohibited or not expressly allowed under this Agreement shall be held in breach of this Agreement and have their account suspended, closed or deleted without prior notice.

20.0. Modifications to Service

20.1. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service with or without notice.

20.2. These Terms may be modified from time to time with or without notice and shall in no event apply retrospectively.

21.0. Disclaimers

21.1. Avant Garde Heroes does not guarantee any results from the use of the service and no member or user may hold Avant Garde Heroes or its trainers/coaches responsible.

21.2. Services offered by Avant Garde Heroes do not constitute professional advice whatsoever and is not intended to raise any professional relationship, obligation or duties between the members and Avant Garde Heroes, its trainers/coaches, users, representative or any other person directly or indirectly related to these services.

21.3. Members may not rely on the service as a substitute for, replacement, supplemental or parallel source to professional medical advice, diagnosis or

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treatment. Members must consult a physician before commencing as required under

clause 1.0 of this Agreement.

22.0. Release of Liability for Injury or Death

22.1. By taking part in the programs and services, you agree that such participation in Avant Garde Heroes plans or other programs through the service is at your own risk. You further agree that your participation in physical exercise and nutritional supplements carry with them an inherent danger to participants.

22.2. Neither Avant Garde Heroes nor its trainers/coaches will be held liable for any personal injury, psychological damage, or death that results from the use of the service.

22.3. Pregnant members and those attending post-natal sessions must submit to Avant Garde Heroes medical records from an authorized practitioner permitting them to take part in our services and waiving any and all liabilities to personal injury, psychological damage, deformities, loss of weight, or death to both the member and the foetus arising directly or indirectly from the risks inherent in our services and programs.

23.0. Limitation of Liability

23.1. Without prejudice to the indemnity clause and waiver and release of liability clauses contained in this Agreement, any claim shall be limited to the equivalent of the membership plan that the member was a subscriber. Avant Garde Heroes shall not accept any additional claim including but not limited to all charges, interests, court fees, or attorney’s fees of whatever nature.

23.2. Subject to applicable laws and statutory limitation of actions, any cause of action arising out of the service must commence within 1 year after the cause of action accrues otherwise such action is permanently barred.

24.0. Notices

24.1. Avant Garde Heroes may provide you with notices, including those regarding changes to this Agreement, by email related to your membership account. Notice will be deemed given twenty four (24) hours after the email is sent, unless Avant Garde Heroes is notified that the email address is invalid.

25.0. Contact

Members may contact Avant Garde Heroes through the chat box available on the website or directly through our contact information available at the bottom of our website page. The contact email is avant.garde1306@gmail.com