Terms & Conditions
Please take the time to read the following terms and conditions. The information outlined in these terms and conditions can / will be used in the event of any dispute.
You acknowledge and agree that you are medically sound to undertake a normal course of the exercise. You agree to use the facilities and training machines at your sole risk and responsibility and you are aware that exercise is physically demanding and participation may pose a risk to your health.
Persons under 19 years of age are not allowed to use Vacushape machines / ActiveBelly, with no exceptions.
This website is owned by DreamShape Studio Inc. of Toronto, Canada.
In this Agreement, unless the contrary intention appears:
- The singular includes the plural and vice versa
- A reference to a party includes that party’s legal personnel, representative, heirs and assigns
- “Provider” means DreamShape Studio Inc., Toronto, Ontario, Canada
- “Customer” means yourself
- “Mindbody” means Mindbodyonline.com, payment gateway and booking application provider
- “Services” means any VacuShape or ActiveBelly sessions that DreamShape Studio Inc. offers
- “Contract” or “Agreement” means the agreement between you and DreamShape Studio Inc. that begins the moment you sign up for the “Services” (you agree to abide by the Terms and Conditions below)
- “Staff” means authorized personnel or employee of DreamShape Studio Inc.
- “Website” means www.dreamshapestudio.com and all it’s pages
All queries and comments about the Services provided under this Agreement should be directed to the Provider. All queries and comments about the direct debit billing service should be directed to Mindbody. The Customer acknowledges that Mindbody has been engaged by the Provider to collect the fees under this Agreement and also acknowledges that all rights of the Provider under this Agreement are able to be enforced by Mindbody as if it were the Provider without any involvement on the part of the Provider or the consent of the Customer.
3. DRESS CODE AND TOWELS
Fully enclosed, clean sports shoes must be worn during workouts for safety reasons. Customers are required to wear a singlet or t-shirt at all times in the Vacushape machines / ActiveBelly. Clothing must be clean and tidy with no offensive prints or designs for the consideration of other Customers. Please bring your own towel.
4. USE OF EQUIPMENT
We ask that you return the Vacushape “skirt” when you have finished the exercise program. The exercise program must be started by Staff with dedicated card only. It cannot be started by the Customer under any circumstances. The machine allows the intensity of the exercise to be lowered. This adjustment may be made by the Staff. We ask you to return the ActiveBelly Belt when you finish your exercise as well.
5. PERSONAL BELONGINGS
Lockers are not provided by the Provider. Please take care of your personal belongings. It is advised that Customers keep all valuables in their possession while exercising at the studio. Provider cannot be held responsible for any loss of or damage to your personal property. Any items of lost clothing found will be held for two weeks, before discarding of it.
You as a Customer are entitled to:
- Exercise on the Vacushape machines or with ActiveBelly Belt as per availability and reservations made on Website or through the Mindbody app – DreamShape Studio.
- Access to the reservation system of the Provider
- Make and cancel reservations
You as a Customer are obliged to:
- Comply with all Provider’s Terms and Conditions
- Pay all agreed fees
- Not use Vacushape machines / ActiveBelly Belts if you are in any of the health risks listed in section Restrictions of this agreement
- Stop using Vacushape machines / ActiveBelly Belt if at any time you fall into any of the health risks listed in Restrictions section of this agreement
- Comply with the rules of the Provider
The Provider reserves the right to make changes to the exercise equipment supplied at any time. The Provider also reserves the right to make changes to the reservation timetable or cancellation policy at any time.
The Provider reserves the right to change the Terms and Conditions at any time with or without notice. The latest version is always presented on the Provider website (www.dreamshapestudio.com) and is valid.
The Provider reserves the right to change the Price plan at any time.
9. CANCEL AND REFUND POLICY
You must show up 5 minutes prior to class to avoid losing your spot to someone who may be waiting.
Reservations can be cancelled online for a full refund at least 4 hours prior your scheduled class time.
Any late cancellations (for classes canceled less than 4 hours prior) or no-shows will lose the class with no refund or incur a reduction of one class from the class package.
The Provider reserves the right to terminate the services under this agreement in accordance with the following conditions:
- Failure to abide by any of the criteria listed in the Terms and Conditions.
- Action upon a complaint by either a Provider or an employee of the hosting facility.
The termination will be done in writing. No refunds. Other legal actions are not limited by this.
We will terminate your account without any refunds as a major breach of Contract if you:
- Allow another person to use your account. We strictly prohibit access to the machine on anyone else’s behalf. This is due to the medical waiver and also the discounts that we provide to Customers. If you allow another person to use your account to exercise under your name, we will terminate your account without any refunds as a major breach of Contract.
- Lied about your medical status or your age.
- Provided information about yourself concerning your account that was not true.
- Have committed any crime or fraud in line with the Provider or Provider payment fees.
- Purposely damage the Provider equipment or hosting facility equipment.
- Behave in the hosting facility in a way that is against the hosting facility rules.
10. DAMAGE & PERSONAL INJURY
To the extent permitted by law, the Provider and Mindbody shall not bear any liability to the Customer, tort, statute or in another way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Customer and/or any other person, or for any costs, charges or expenses incurred by the Customer, arising from or in connection with the account and/or the services/products provided by Provider and/or Mindbody, and/or any act or omission of the Provider and/or Mindbody.
A Customer’s “personal information” will only be used by the Provider or Mindbody to provide you with the services.
12. PREVIOUS AGREEMENTS
These Terms and Conditions constitute the entire agreement, understanding and arrangement (express and implied) between the Customer and the Provider, relating to the subject matter of this document and supersedes and cancels any previous agreements, understanding and arrangement relating thereto, whether written or oral.
13. BOOKINGS AND REFUNDS
Your reservations can be made online by yourself using our website www.dreamshapestudio.com or the Mindbody (internet access is needed to access our reservation system). You can book 2 hours before the session if spot is available for the particular equipment.
However if you book in advance and you do not cancel the reserved session within 4 hours of the actual session time that you have reserved, the Provider will not be able to sell this session to another Customer, and you will be charge for the session as if you attended.
Unfortunately from time to time machinery and equipment may break down and require repair. In such circumstances of unavailability, we shall refund the full amount used for your reservation back to your account.
There is an expiry date on your purchased sessions. The expiry date is set in the reservation system at the time of purchase. The length of expiry is published on our website and you can also see it in the price selection while making a purchase. The Provider reserves the right to expire unused session if they are not used within the expiry period.
14. WAIVER AND RELEASE OF LIABILITY
Provider urges Customer to obtain a physical examination from a doctor before using any exercise equipment. All exercises, the use of any and all machinery, equipment and apparatus designed for exercising will be at the Customer’s sole risk.
The Customer understands that the conditions to use, or selection of exercise programs, methods and types of equipment shall be entirely the Clients’s responsibility and the Provider will not be liable to the Customer for any claims, demands, injuries, damages or actions arising due to an injury to the Customer’s person or property arising out of or in connection with the use by Customer or the services, facilities and premises of the Provider.
The Customer hereby holds the Provider, its officers, owners, hosting facility and its employees and employees free of all responsibility arising from any and all claims which may be brought against them by the Customer, or on the Customer’s behalf, for any such injuries or claims.
In case you are subject to any of the below-listed contraindication or you are uncertain about your health conditions you are not allowed to use Vacushape without prior consultation with a physician.
! WARNING DURING PREGNANCY !
Pregnancy is a serious reason why NOT to enjoy the benefits of Vacushape training. If there is a possibility that you are pregnant or you have been confirmed pregnant DO NOT use Vacushape / ActiveBelly under any circumstances. There is a great blood perfusion in the pelvic area during the workout and it could in extreme circumstances result in a miscarriage.
- Surface or deep inflammation of the veins in the lower limbs at any time in the client’s medical history
- A tumor at any time in the client’s medical history
- Thrombosis at any time in the client’s medical history
- Heart attack or stroke at any time in the client’s medical history
- Lymphedema of lower limbs
- Any insufficiency of liver, kidneys or heart
- Hepatic cirrhosis
- Any inflammatory illness
- High blood pressure – decompensated – necessary consultation with a physician
- Chronic venous insufficiencystage Venectasia – RECOMMENDED
- stage Varicose veins – NOT RECOMMENDED – necessary consultation with a physician
- stage Hyperpigmentation, eczematous dermatitis – FORBIDDEN
- stage Varicose ulcers – FORBIDDEN
We do not recommend after the Vacushape session the usage of a sauna or sun-bed. We also do not recommend engaging in any sport or other activities that involve heavy usage of leg muscles (for example running). Persons over 100 kg in weight should not use the Vacushape.
The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
16. USE OF SERVICES
If you do not agree to be bound by this Agreement, please do not use or access this Website / Studio. Provider reserves the right to refuse or cancel your account. We also reserve the right to cancel your membership should you violate any provision of this Agreement, or any other posted policy on the Website. The contents of this Website, including the videos, text, graphics, images and information obtained from Provider’s third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.