Terms & Conditions

A. B Studios Terms and Conditions / Studio Rules

 

1. As a guest, customer/user, member and/or visitor to B Studios, you agree to be bound by the terms and conditions laid out herein (“the Rules”). Kindly read through the Rules carefully and keep abreast with the Rules that are posted on this website or in the studio as they may change from time to time without notice. B Studios, B3 Ventures PLT, its partners, directors, officers and employees (“B Studios”) will not be liable to you for any failure to obtain access to the studio or usage of facilities beyond the reasonable control of B Studios.

 

2. You may book a slot in any of the classes (“Slot”) displayed on our website provided you have credit in your package account. Your Slot or booking in any class is non-transferable. The price of a slot in one class will vary according to the package or promotion that you have purchased and we display all our packages and prices on our website which we may vary from time to time at our discretion. Availability to book a slot is accessible online via our Website. When you book a slot, one class credit will be deducted from your package account. Classes are subject to availability and we cannot guarantee that spaces will be available in any given class, even if you have credit in your account. Class Schedules and Instructors are also subject to change.

 

Refund and Cancelation Policy

3. 3. You may cancel a Slot you have booked at any time. However, any cancellation of booking done with less than 12 hours notice (less than 12 hours before a class) will result in the credit for that Slot being forfeited absolutely. If the class you wish to attend is fully booked, you may email us at Info@BStudios.My to be on the waiting list or join the waitlist through the online booking system. We will contact you 2-4 hours prior to the class if there are any available Slots. If we cancel a class, your Credits will be refunded.

 

4. Subject to the statutory right of cancellation, payment for packages to attend classes we provide at B Studios are non-refundable unless otherwise stated in the Rules. However, you may request the following:

(i) “freeze” your package for up to a maximum of six (6) months provided a valid reason is given and B Studios reserve the absolute right to approve or deny the request at our absolute discretion; and

(ii) “share” your package with up to four (4) of your friends and family, including yourself,

In all cases, B Studios reserves the right to decide on the above at our absolute discretion. All the packages displayed and sold on our website will have an expiry date which varies according to the package which you must adhere to, failing which, any unused credit will be forfeited on the date of expiry without notice to you.

 

Personal Health Declaration

5. While we at B Studios take the utmost care to ensure that our trainers, attendants and supervisors are specialists or experienced in their respective fields, B Studios’ staff, agents and instructors are not medically qualified. Before starting on any exercise or fitness program, we unequivocally recommend that you get advice from a certified doctor beforehand.

 

6. By attending classes, events, activities, and using the studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that you have voluntarily enrolled in a fitness class or personal training offered through B Studios and recognize that the class or personal training may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities; you affirm that you are in good physical condition and do not suffer from any known disability or condition which would prevent or limit your participation in our exercise program; you agree that you have been strongly advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed and if you have chosen not to obtain a physician’s consent prior to beginning this fitness program, you fully realise that you are doing so solely at your own risk; you understand that it is your sole responsibility to participate in exercises that are appropriate for the current status of your health and if you have any questions or concerns about whether or not a particular activity is appropriate to your current health status, it is your responsibility to ask your doctor if this activity is appropriate before your participate in such activity; you will not hold B Studios or any of its partners, directors, officers and employees responsible for the actions or omissions of the other program participants; you have been informed, understand, and are aware that strength, flexibility, and aerobic exercise, including the use of equipment, are potentially hazardous activities; you have also been informed, understand, and am aware that fitness activities involve a risk of injury and that you are voluntarily participating in these activities and using equipment with full knowledge, understanding, and appreciations of the dangers and risks involved; and you acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries and that the specific risks vary from one activity to another, but 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; and (3) catastrophic injuries including paralysis and death, amongst others.

 

7. By attending classes, events, activities, and using the studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that you hereby waive, release and indemnify B Studios or any of its partners, directors, officers and employees and its successors and assigns, from any and all claims, costs, liability and expense for any injury, loss or damage whether known, anticipated or unanticipated arising from your voluntary participation and enrolment.

 

Childrens Play Area

8. While B Studios has taken the utmost care in providing a safe, injury-free and child-friendly play area for children, your usage of the play area constitutes your acceptance of the following:

(i) You must follow all instructions and rules whether written or oral regarding your child(ren)’s use of the B Studios play area (“Play Area”);

(ii) B Studios is not a day-care centre or a creche and there are no certified child-care personnel that will give your child(ren) one-on-one attention and/or be providing them with entertainment;

(iii) While the equipment at the Play Area is designed for use by babies, toddlers and young children, a child needs constant attention, and you agree to be either personally responsible for your child(ren), or to appoint another caregiver to provide that attention;

(iv) There are risks inherent in any physical activity program and any children’s play area, including the use of the facilities and items such as those provided for use at the Play Area, which may or may not be obvious and which may pose serious threats to any person when used;

(v) You will have to be aware of your child(ren) while they actively participate in their activities at the Play Area;

(vi) Young children may get hurt while playing with other children and while engaging in physical activities, and that there is a risk of property damage, serious injury, or death inherent in your child participating in the Play Area;

(vii) In the event your child(ren) becomes injured or sick while participating in the Play Area, you consent to the B Studios staff providing First Aid as well as summoning medical professionals to administer First Aid or emergency medical treatment for your child(ren);

(viii) B Studios reserves the right to require removal of your child(ren) from any activity;

(ix) B Studios and B3 Ventures PLT will not be held responsible for any injuries suffered by your child(ren) while at B Studios and while at the B Studios Play Area; and

(x) You release and indemnify B Studios and B3 Ventures PLT, its owners, officers, directors and employees, from any loss, liability, damage, or costs whatsoever arising out of or related to any loss, damage, or injury (including death) to you or your child(ren) arising out of or in anyway connected with participation, usage or attendance in the activities and facilities of B Studios for any reason or cause.

 

Liability Waiver & Indemnification

9. In no event shall B Studios and B3 Ventures PLT, nor any of its officers, directors, partners and employees (“B Studios”), be liable to you for anything arising out of or in any way connected with your use of B Studios or any of its facilities and classes, whether such liability is under contract, tort or otherwise, and B Studios and B3 Ventures PLT, nor any of its officers, directors, partners and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of our facilities and classes at B Studios to the fullest extent of the law.

 

10. B Studios will not be liable to you, whether in contract or misconduct, for any injury you may suffer at the studio or demise, in case as a result of you using/participating within the studio, carrying out activities in the facilities or equipment or otherwise, or any loss or damage you may suffer as a consequence thereof, to the fullest extent of the law.

 

11. B Studios will not be required to provide you with any special services and guidance of any supervisor, whether skilled or otherwise, and whether during the time you make use of the facilities and equipment or otherwise. Any trainer, attendant or supervisor provided by B Studios shall be relied upon by you at your own risk. Although we take the utmost care to ensure that our trainers, attendants and supervisors are specialists or experienced in their respective fields, you shall be solely responsible to seek medical advice and to decide whether or not the classes, program, facilities or equipment at the premises would be suitable for you, having regard to your personal health condition, which includes, amongst others, your personal health condition during pregnancy.

 

12. B Studios shall not be liable for any loss or damage to your property that you may suffer at the premises, whether or not such property was brought into the premises by you or otherwise.

 

13. You hereby indemnify to the fullest extent B Studios and its officers, directors and partners from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including attorney’s fees) in connection with or arising from (1) your use or misuse of the equipment and facilities at B Studios – the location, and the services provided herein, and/or (2) your breach of these terms and conditions howsoever occasioned.

 

Other Terms

14. We reserve the right to refuse you access to the studio 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 in the interests of other users of B Studios or participants in B Studios classes.

 

15. We reserve the right to deny you entry to/participation in a class if we feel you are unfit to join the class.

 

Shipping Policy

16. We do not currently deliver merchandise or offer shipments of our products and services.

 

Heirs, Successors and Assigns

17. Each and all of the covenants, terms, provisions, and agreements herein contained shall be binding upon, and inure to the benefit of, the parties hereto and, to the extent permitted by this agreement, their respective heirs, legal representatives, successors, and assigns.

B. Website Terms of Use

1. These Website’s (http://www.BStudios.my and all pages contained herein) Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full.

No warranties

2. Although we, B3 Ventures PLT (LLP0015452-LGN) (hereby referred to as “B3 Ventures PLT”), use our reasonable efforts to include honest, accurate and up-to-date information on our web pages and Website, this Website is provided “as is,” with all faults, and we, B3 Ventures PLT, make no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Any Information provided is for guidance only and you shall not hold us liable for any direct, indirect, incidental, consequential or cumulative losses or damages (economic or non-economic) arising out of the use of any of the information contained herein and for the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them. Additionally, nothing contained on this Website shall be construed by you as providing consult or advice to you as an individual as we have not taken into consideration any specific health backgrounds, fitness objectives or current fitness level of any specific person or any specific group of persons. We recommend that any person that require advice in relation to how any information contained herein relates to their individual situation to consult their respective legal adviser or medical professional and/or practitioner and/or contact us for a private consultation which may or may not also require consultation with a medical professional and/or practitioner.

Disclaimer of Liability and Indemnification Clause

3. In no event shall B Studios and B3 Ventures PLT, nor any of its officers, directors, partners and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and B Studios and B3 Ventures PLT, nor any of its officers, directors, partners and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification.

4. You hereby indemnify to the fullest extent B Studios and B3 Ventures PLT and any of its officers, directors, partners and employees from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including attorney’s fees) in connection with or arising from (1) your use or misuse of this website and the services provided herein, or (2) your breach of these terms and conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against B Studios and/or B3 Ventures PLT in connection with your use of this website.

Third Party Links

5. Links from or to websites outside this website are meant for your convenience only. Such linked websites are owned and operated by third parties and as such are not under our control. Therefore we, B3 Ventures PLT shall not be responsible and make no warranties in respect of the contents of those websites, the third parties named therein or their products and services. Furthermore, the links provided in this website shall not be considered an endorsement or verification or approval of such linked websites or the contents therein. Linking to any other site is at your sole risk and we shall not be responsible or liable for any damages in connection with linking. It is advisable for you to read the terms of use and privacy policy statements (if any) of any websites which are linked to this website.

Copyright and Intellectual Property

6. Under these Terms, B3 Ventures PLT and/or its licensors own all rights to all the intellectual property and all material contained in this Website, and all such rights are reserved.

Restrictions

7. You are expressly and emphatically restricted from all of the following:

1. using this Website in any way that is, or may be, damaging to this Website;
2. using this Website in any way that negatively impacts user access to this Website;
3. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; and
4. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website.

Severability

8. If any provision of these Terms is/are found to be unenforceable and/or invalid under any applicable law, such unenforceability and/or invalidity shall not render these Terms unenforceable and/or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Change in Terms

9. We, B3 Ventures PLT may revise these Terms from time to time as and when it is appropriate without specific notice to you, and you are advised to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Entire Agreement

10. These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between B3 Ventures PLT and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction

11. These Terms will be governed by and construed in accordance with the laws of the country of Malaysia, and you submit to the jurisdiction of the state and federal courts located in Malaysia for the resolution of any disputes.

No Waiver

12. Our omission to exercise any rights under these Terms do not constitute a waiver of any such right unless expressly accepted by us in writing.

Privacy Policy

13. We, B3 Ventures PLT respect the privacy and confidentiality of your personal information as it is personal property and as such we have published a separate Privacy Policy on these web pages for your referral.