Welcome to Sphere Cecil Pte. Ltd. ("Sphere"). We hope to optimise your experience at Sphere and want this to be a safe space for you to optimise your performance – to make that happen, we have a couple of house rules that are important.
1. OUR HOUSE RULES
- 1.2 - Amendments. Sphere may, at Sphere's sole and absolute discretion, amend, vary, delete or add to these Terms with immediate effect and without notice.
- 1.3 - Use by Minors. If you are under the age of eighteen (18), you must seek the permission of a parent or guardian before accessing and/or making any class bookings through the various booking platforms. Minors under the age of eighteen (18) are encouraged to exercise alongside a parent or guardian.
By accessing or using the services provided by Sphere, you agree to be bound by the Terms. If you do not agree with the Terms, please do not use our services.
2. BEING A PART OF SPHERE
- 2.1 - Your Membership By submitting your application for a membership with Sphere (the "Terms"), you have confirmed that the personal data given to us is true and accurate, and you consent to the collection, use, and disclosure of the personal data provided for the purposes stated by Sphere. You agree to inform us promptly of any change to your payment details or personal data that you have provided; and to ensure that any accounts, usernames, and passwords are kept confidential. You are responsible for notifying us immediately if you suspect any unauthorised use of your account or access to your password, and you are solely responsible for any and all use of your account.
- 2.2 - Non-Transferable. Your Membership with Sphere is personal to you and unless otherwise agreed by Sphere, such Membership is non-assignable and non-transferable. You hereby agree that any access cards, tokens, keys, key fobs, or other devices provided to you for access to Sphere's facilities shall not be loaned, transferred, or otherwise shared with any third party. For the avoidance of doubt, any breach of this Clause 2.2 (Non-Transferable) shall result in the termination of your Membership with immediate effect, in accordance with Clause 6.2 (Immediate Termination)hereto.
- 2.3 - Non-Refundable. To the extent permitted by law, you acknowledge and agree that Membership fees ("Membership Fees") are non-refundable, including for the avoidance of doubt, any instances of non-usage by you. Any requests for Memberships to be suspended temporarily will be assessed on a case-by-case basis and Sphere has the full and absolute discretion to turn down any requests for the temporary or permanent suspension of the Membership.
3. CREATING AN OPTIMAL SPACE FOR PERFORMANCE
- 3.1 - Keep Your Personal Belongings Secure. You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present at Sphere's facilities. You assume all risk of loss for any of your personal belongings.
- 3.2 - Availability of Facilities. You acknowledge that the availability of certain facilities at Sphere may be adjusted on a temporary basis, including for the purposes of cleaning, improvement work, repairs, upgrades, maintenance, special functions and holidays. Sphere shall not be held liable and/or responsible in any way whatsoever should you be refused entry to our premises from time to time.
- 3.3 - No Unlawful Purpose. You must not use Sphere's premises or sites for any unlawful purpose or any unlawful manner, or act fraudulently or maliciously or in any manner inconsistent with these terms. You shall not use the premises or site in any way that could damage, disable, overburden, impair or compromise Sphere's operations or interfere with other people's rights, use or enjoyment of the premises or sites, including but not limited to harassing other members.
- 3.4 - Use of Facilities. All equipment must be used for its intended purposes only, in accordance with applicable safety regulations and instructions, and in a responsible manner with proper etiquette. You shall be fully responsible for any loss and/or damage to any exercise equipment and/or facilities arising from the course of your usage.
- 3.5 - Additional Charges. Sphere, in its sole and absolute discretion, is entitled to impose additional fees and/or costs if you violate these Terms (including any conditions of entry) or any other general terms and conditions imposed by Sphere from time to time.
4. DISCIPLINE DRIVES PERFORMANCE
- 4.1 - Booking. Please book your sessions well in advance. All session times are subject to Sphere's availability and Sphere cannot guarantee staff availability for any given date or time.
- 4.2 - Cancellation. Any cancellations shall be made well in advance in accordance with our cancellation policy as implemented from time to time. Unless otherwise indicated and/or expressed, all sessions have to be cancelled at least eight (8) hours prior to the start of the relevant session(s) via Sphere's mobile application. Please note that any cancellation(s) that are not made within the stated cancellation period shall result in the automatic forfeiture of credit(s) for such session(s) without refund.
- 4.3 - Punctuality. Please arrive in advance of your session time and be prepared to start at the scheduled time. For safety reasons, we reserve the right to deny your access to fitness sessions should you arrive late.
- For first-timers, please arrive half an hour before your stated session so that a member of the Sphere team can assist with the onboarding process.
- For Semi-Private Performance sessions, late-comers may be denied participation if the session is already in progress.
- For Recovery sessions, late-comers may be denied participation if they are more than fifteen (15) minutes late.
- 4.4 - No Show. Failure to attend any scheduled session(s) ("No-Show") shall result in the forfeiture of all credits paid towards such relevant session(s). Repeated No-Shows may result in you being charged with a No-Show fee and/or having your booking privileges suspended for a period of time, as determined by Sphere at its sole and absolute discretion.
5. YOUR MEMBERSHIP FEES
- 5.1 - Membership Fees. By accepting the Terms, you agree to pay all fees (including but not limited to Membership Fees) for the respective period on a timely basis. If your Membership has been terminated because you have breached these terms, any refund of any unused portion of any fees paid will be at our sole and absolute discretion.
- 5.2 - Billing. You acknowledge and agree that Sphere has the full discretion to determine the billing and payment method(s) from time to time, including but not limited to operating as a cashless business should it choose to do so.
- 5.3 - Packages. All packages shall be paid for in advance and in full, and any and all subscriptions to such packages shall auto-renew upon the expiry of their respective commitment periods unless otherwise terminated in accordance with these Terms.
- 5.4 - Payment Details. It is your full responsibility to maintain the accuracy of your account details, and to ensure that sufficient funds are contained in the nominated account or your debit/credit card is valid with a sufficient credit limit when the Membership Fees are due. If a debit/charge is unsuccessful, you shall be responsible for any and all administrative fees and/or collection fees that may be imposed.
- 5.5 - Outstanding Payments. If you do not make any payment when it is due, you may be refused entry to Sphere and your Membership may be suspended until all outstanding amounts have been fully paid.
- 5.6 - Variations. Sphere reserves the right to review, vary and/or amend the prices and categories of its Memberships, packages, sessions, services, and administrative fees from time to time, at its sole and absolute discretion.
6. TERMINATING YOUR SPHERE MEMBERSHIP
- 6.1 - Cancellation of Membership. You may terminate your Membership in accordance with the cancellation policy as implemented by Sphere from time to time, by following the instructions provided by Sphere on our platforms or by contacting a representative of Sphere. You may be required to complete any forms reasonably required by Sphere to confirm the termination of your Membership.
- 6.2 - Immediate Termination. Sphere reserves the right to immediately restrict, suspend or terminate your Membership upon verbal or written notice to you in circumstances if:
- (a) you have, as determined by Sphere at its sole and absolute discretion, been found to have breached any provision of these Terms (including any conditions of entry) or any other general terms and conditions imposed by Sphere from time to time;
- (b) there are health and safety concerns for you or any member as a result of your conduct; and
- (c) you have failed to make payment of any Membership Fees or any other fees payable under these Terms.
We may also terminate your Membership immediately at any time, with or without notice and with or without cause.
- 6.3 - Effect of Immediate Termination. If your Membership is terminated in accordance with the terms set out herein:
- (a) such termination shall be effective from the date that notice of the same is provided to you;
- (b) you shall remain liable for any and all financial obligations until such date; and
- (c) any and all privileges previously accorded to you in connection with your Membership shall be forfeited with immediate effect without any refund whatsoever.
- 6.4 - Access to Sphere. Upon termination of your Membership, you shall no longer be permitted to access any of Sphere's facilities or platforms. Any monies outstanding shall remain immediately due and payable. You hereby authorise Sphere to deduct any amounts outstanding from any refund which may otherwise be payable to you. If there is a shortfall, you shall pay the balance of the amounts outstanding immediately.
- 6.5 - Rights. The termination or expiration of these Terms is without prejudice to the rights of each party against the other in respect of anything done or omitted under these Terms prior to such termination or expiration. All provisions that by their nature should survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and intellectual property.
7. LIMITATION OF LIABILITY
- 7.1 - Limitation of Liability. You agree that attendance at or use of any such classes, activities, or other services is solely at your own risk. To the maximum extent permitted by law, in no event shall Sphere be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or in any way connected with your attendance or participation in any services provided by Sphere, or the performance or non-performance in connection with the services provided by Sphere (whether or not such services were rendered with due care and skill or not, and whether or not they were reasonably fit for their purpose).
- 7.2 - Warranty Disclaimer. All information, goods, services, products and experiences are provided by Sphere on an "as is where is" basis only. The entire risk as to the quality and performance of the goods, services, products, and experiences remains with you. If the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. Sphere provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
- 7.3 - Waivers. By signing up for and/or attending sessions, events, activities and other programs, and using the premises, facilities and equipment (individually and/or collectively, the "Sessions and Facilities") of Sphere, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in exercising at Sphere. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries and that Sphere and its employees shall not be liable for any injury or damage should you choose to participate in and use Sphere's Sessions and Facilities.
- 7.4 - Denied Access. If, as determined by Sphere at its sole and absolute discretion, you and/or others would be at physical risk by using Sphere's Sessions and Facilities, you may be denied access to the Sessions and Facilities. Any and all decisions made by Sphere in respect of the foregoing are final.
8. SOCIAL MEDIA AND CCTV
- 8.1 - Acknowledgements & Consents. In consideration of Sphere granting you a Membership, you hereby:
- (a) acknowledge and agree that any photographs or audio or video recordings containing the image, voice, or likeness of you (the "Recordings") may be taken, captured or made by Sphere, its officers, agents, employees, instructors, ambassadors, representatives, and all others;
- (b) provide your unconditional and irrevocable consent for Sphere and its personnel to use the Recordings and any information previously provided by you to Sphere (including any photographs or other materials) (the "Materials") in perpetuity without restriction as to changes or alterations, and to disclose any of your personal data that is contained in any recording or materials, to any person (including via social media) and via any medium for the purpose of promoting Sphere or any other purpose which Sphere reasonably requires;
- (c) acknowledge and agree that you are not entitled to any remuneration, royalties or any other payment from Sphere in respect of the use of any Recordings or Materials;
- (d) acknowledge and agree that as between yourself and Sphere, Sphere is the sole legal and beneficial owner of all intellectual property rights in and attaching to any Recordings and consent on an irrevocable, worldwide and perpetual basis, to the waiver of all moral rights that you may have in and to any such Recordings; and
- (e) acknowledge and agree that Sphere may assign or transfer the benefit of the consent given under this provision to any person.
- 8.2 - No Unauthorised Recording. You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any Sphere sessions or activities, is strictly prohibited without the prior written consent of authorised Sphere personnel. Sphere instructors are not authorised to provide consent. This includes even a temporary recording via platforms such as SnapChat, Zoom, Facebook, TikTok or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a Sphere session or activity before and/or after such session or activity with the consent of each participant who is identified in your content. Any violation of this provision is grounds for exclusion from participation in any Sphere sessions and activities. You further agree to indemnify, defend, and hold harmless Sphere, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable solicitor's fees), resulting from your violation of thisClause 8.2 (No Unauthorised Recording).
9. OUR INTELLECTUAL PROPERTY RIGHTS
- 9.1 - Sphere's Content and Marks. The content on Sphere's website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to us.
- 9.2 - Using IP Rights. All website and application content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Sphere. You have the right to view, electronically copy, and print in hard copy portions of the website and application(s) for the sole purpose of making session reservations and purchases, or for other personal use. Any other use of materials on the website and application(s), including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Sphere, is strictly prohibited. You acknowledge that Sphere and/or third party content providers remain the owners of all website and application materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. Sphere may discontinue or remove the website or application(s), or any portion thereof, or discontinue your right to use the website or application(s), or any portion thereof, at any time.
- 10.1 - Third Parties. We may use third parties to assist us in our operations, and such third parties may have access to your personal data to perform their function. Sphere's site may also contain links to websites operated by third parties. Such links are provided for convenience only and Sphere disclaims all liability in connection with your use of any third party platforms or any content posted or published on the third party platforms.
- 10.2 - Severability. These Terms are intended to be as broad and inclusive as permitted by the laws of Singapore and if any portion of the Terms is held invalid, then the remainder of these Terms shall remain in full force and effect.
- 10.3 - Governing Law. These Terms shall be governed by the laws of Singapore.
- 10.4 - Dispute Resolution. Any disputes arising out of or in connection with the Terms shall be resolved by the exclusive jurisdiction of the Courts of Singapore.