BDC PILATES | Terms of Use

-

Terms of Use

Terms of use

Here below includes the terms of use for BDC PILATES (here below indicated as “the studios”) operated by OPEN ROAD ASSOCIATES Co., Ltd. (here below indicated as “our company”)


Article 1: Definition

The articles included in these terms of use document is applicable to the studios operated by our company.

Article 2: Objective

The studios are operated in the objective to improve and provide health benefits of our members as well as build amiable relation with the members, and contribute to building a healthy and prosperous community.

Article 3: Membership

  1. The studios are only open to members of the studios.
  2. Usage regulation and policy of the studios, as well as benefits are specified in a separate document.
  3. All members are required to show their membership card upon using the studios’ facility and service.

Article 4: Entitlement for membership

  1. Eligibility to become a member of the studios are indicated here below.
    1. Eligible for the applied membership type.
    2. Declared that the member’s health condition is apt to using the facilities and service at the studios.
    3. Read, understood and agree on the terms of use indicated in this document.
    4. Is not part of any armed gang or crime syndicates.
    5. Have not been previously expelled from our studios. In the case the member has been previously expelled, the reason has to be clarified and approved by our company before the expelled member is allowed to reapply for membership.
    6. Has been reviewed and approved by a separate membership qualification by the studios.
  2. Member of our studios assures that he or she is not presently or in the future part of any armed gang or crime syndicates of any of the below.
    1. A member of armed gang or crime syndicates
    2. A member of armed gang or crime syndicates within the past 5 years.
    3. Part of a company operated by members of armed gang or crime syndicates
    4. Is not part of any armed gang or crime syndicates.
    5. Member of corporate extortionist, member or advocate of any social activity or activist.
    6. Any or all of the above
  3. The member assures that he or she does not and will not fund antisocial forces directly or indirectly in any subjects.
  4. The member assures to our company that he or she does not have any relations with antisocial forces directly or indirectly, and is not a target of interest of any antisocial forces.
  5. The member assures that he/she will not act on the following criteria him/herself or through a third person.
    1. Violently claim a request
    2. Request beyond legal responsibility
    3. Claim threatening act or behavior concerning any transaction, or any violent act
    4. Interfere with the studios’ affairs by spreading rumors or defaming our credibility through any fraudulent means.
    5. Any other act that applies to one or more of the above
  6. If the member act against one or more of the above, our company will terminate service and/or terminate all agreement between the member and the studios.

Article 5: Membership Registration

The studios will issue a membership once this agreement has been authorized by the member, approved by our company, and once the membership fee and registration fee is paid.

Article 6: Membership, monthly and other payments

  1. The member must pay all membership fee and related payments in the payment system designated but the studios. All tax concerning the membership fee and related fee will be paid by the member. In the case that the tax percentage is changed, the membership will pay for or pay for the difference of the revised tax rate the day after the enactment of the new tax rate, including the monthly fee paid a month in advance.
  2. Payment term and method concerning all membership fee and other payments will be defined by the studios. The studios may request a fee upon he or she becoming a member of the studios. Membership fee will be identified in a separate documentation, and member will be requested to pay the indicated amount. Membership fee will conclude the agreement, and by no means the membership fee will be reimbursed.
  3. Regardless of the duration or frequency of classes taken, even when the registration for terminating membership has been completed, the member is required to pay monthly fee up to the termination date. In case the termination of membership occurs during the period of pre-payment, a separate regulation determined by our company will be applied.
  4. For management purposes or for financial reasons, the studios may change the membership fee and other payments, which will be informed through the studios’ notices.
  5. In the case the member does not pay or the payment is delinquent, the studios will ask the member to suspend usage of the studios facility. The member is obliged to pay for the unpaid monthly fees.
  6. Once all fees are paid, we will not reimburse the costs unless required by legal reasons or determined necessary by our company.

Article 7: Suspension and termination of membership

In case the member wishes to suspend or terminate the membership due to the member’s own reasons, the member is required to submit all suspending or terminating membership documents to the studios by the date designated by the studios. Until all documents are complete, the fees will continue to be charged to the member.

Article 8: Transfer, succession, and lease of membership

Our studios do not allow transfer, succession and/or lease of membership.

Article 9: Loss of membership rights

In the case the member corresponds to any of the below criteria, the rights for membership will be expulsed.

  1. Once the membership is terminated
  2. If the membership is removed due to reasons corresponding article 12
  3. In case of member’s death
  4. In case all studios are closed due to reasons corresponding article 13, and the member does not request changes in the membership type or registered studios.
  5. In case of bankruptcy, civil rehabilitation, corporate reorganization, corporate liquidation, or voluntary liquidation.

Article 10: Release of liability concerning damage compensation

  1. In case the member is injured during the usage of the studios’ facility, the studios or our company will not take any liability, unless the injury was unquestionably caused by the studios.
  2. The studios will not take part or take any responsibility on any disputes or trouble between the members, unless the studios hold undoubted fault.

Article 11: Liability for damages of the member

In case the member causes damage(s) to a third party or to our company during the usage of the studios’ facility, the member will take full responsibility.

Article 12: Prohibited act

The member is prohibited from the below act in the studios as well as areas near the studios.

  1. Defame and damage reputation of other members of the studios, the studios’ staff and/or the studios.
  2. Violent act including beating, pushing or act of restriction towards other members of the studios or the studios’ staff.
  3. Act of menacing or harassing including shouting or blocking the path of other members of the studios or studios’ staff.
  4. Dangerous act including throwing or breaking objects, hitting or any other members of the studios or studios’ staff.
  5. Damaging or removing the studios’ facility, devices or equipment out of the studios. vi.Ambushing, stalking or forcing conversation to members of the studios or to the studios’ staff.
  6. Ambushing, stalking or forcing conversation to members of the studios or to the studios’ staff.
  7. Request interview, telephone of any other inconvenient act without due cause.
  8. Act against public order, morality and legal act such as molesting, peeking, sexual exposure, and spitting.
  9. Bringing knifes or any dangerous objects into the studios
  10. Selling merchandise, act of sales, borrowing and lending money, act of seduction, political activity, signature-collecting activity
  11. Selling merchandise, act of sales, borrowing and lending money, act of seduction, political activity, signature-collecting activity
  12. Bringing mass of money and/or highly valuable objects into the studios
  13. Activity that will disturb the studios
  14. Headhunting or seducing the studios’ instructors or staff
  15. Any other act that the studios define improper

Article 13: Temporary closure of the studios

The studios may close temporarily for the below reasons. In case the studios know in advance, the studios will in principle inform the members one month in advance. Even in this case, the studios will not make any full or partial reimbursement, regardless of the reasons or the duration of the closure, unless legally required or determined to do so by our company.

  1. When the studios determined it is dangerous for the members to receive service due to meteorological disaster or other external cause
  2. Construction reasons such as extension or repairing of the studios
  3. Closed business days
  4. If our company decides the reason is serious and unavoidable for legal reasons or by orders under government authorities

Article 14: Class Schedule

Class schedule may change periodically. The change may concern class time, class level, class type, and/or class quantity.

Article 15: Changes in the payment and management system

Changes will be made on members’ payment and facility operation systems in the case our company deems necessary.

Article 16: Changes in the terms of use

The studios may change the terms of use. In the case changes are made, the studios will inform the members one month in advance. New terms will be applied to all members of the studios.

Article 17: Announcements

Information on the terms of use will be notified to the members though the studios.

Article 18: Disclaimer

  1. In case damage or conflict occurs between the member and a third party using the studios’ facility, the issue is left to be resolved amongst the two parties, and our company will not take any responsibility.
  2. The studios will not take responsibility on leaked information through such means as emails between our company and the member.
  3. The studios will not take responsibility for any inconvenience or damages caused to the members due to changes, suspension or termination of studios’ services.

Article 19: Governing law

These terms of use will be valid under the legal regulation of Japan.

Article 20: Court of jurisdiction

In case a legal lawsuit is required between our company and the member, the first trial will occur at the exclusive court of jurisdiction, court of jurisdiction where our company is located.

Additional clause
These terms of use are valid from April 1st, 2016.

This documentation on terms of use in English is provided for English speaker for information purpose only. The content of agreement between the studios and the members will be based on the Japanese official document.