Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using https://penang.theflowstudio.co/ (“the Site”) operated by Project Studio (PENANG) Sdn Bhd. (“us”, “we,” or “our”) and for participation in activities at our Bangsar Studio (“Facility”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://penang.theflowstudio.co/ and for your participation of activities at our Facility.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. By participating in any activities and usage of amenities in the Facility, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for use of the The Flow Studio’s services. You are only authorized to use the The Flow Studio’s services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please do read these Terms of Service carefully. If you do not agree with it, you should leave The Flow Studio website and discontinue use of The Flow Studio services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

You will have to create an account on the Site In order to access some features of the website. When creating an account, you must provide accurate and complete information. You are solely responsible for all the activities that occur on your account and you must keep your account password secure. You must notify us immediately, should you notice any breach of security or unauthorized use or access of your account. You may never use another person’s account without permission.

1. Buying Packages

   – You must create an account before any package can be purchased. You may purchase a package online, or directly at our studios. The package will commence from the date of purchase after a confirmation email of the purchase has been sent to your account email.

2. Sharing Packages

   – Only selected packages are shareable between The Flow Studio’s members. Please refer to the page here for the package information. Payment for the package must be made before the sharing process can be executed. Please contact us via email at penang@theflowstudio.co to initiate the package sharing feature.

3. Class Cancellations

   – You may cancel your class booking via your registered account, phone call to the studio or drop an email to penang@theflowstudio.co. In the event of a late cancellation or no-show, the credit will NOT be refundable. The 12-hour cancellation period is also applicable for cancellations made via phone call or email.

4. Class Reservations

   – All class reservations must be done through our online class booking system. You must be physically present within the studio 5 minutes before the commencement of the reserved class. If you are late and the reserved class has commenced, you will be denied access into the class as safety concern is our number one priority in the studio and your class credit will be deducted.

5. Waiting List

   – If a class is fully booked, you can still reserve a spot for a class and you will be added to the waitlist. If you are at the top of the waitlist and have arrived at the studio to wait for a no-show, you will be allocated a spot if a pre-booked spot is not claimed within 5- minutes before class starts. Your credit will only be deducted if you are able to join the class.

6. Personal Belongings

   – You agree that The Flow Studio is in no way responsible for the safekeeping of your personal belongings when you are present in the studio. You assume your own personal responsibility and all risk of loss for any of your personal belongings.

You shall adhere to the rules of The Flow Studio within the Facility and the classes conducted with the equipment in the Facility.

You must be physically present and checked in at least 5 minutes prior to the start of class or your spot may be released to a waitlist member. We practice a strict closed-door policy whereby entry to the class will NOT be permitted once the class doors are closed. This is to ensure the safety of all members as in-class safety briefing is conducted 5 minutes before class starts.

Reserved classes must be changed or cancelled 12 hours before the scheduled class time or your credit will be forfeited.

By participating in our classes, you hereby agree that you are physically fit and well to participate. You are solely responsible to seek medical advice if required prior, to decide whether or not the Facility or the classes would be suitable for you, having regards to your personal health condition. By participating in our classes, you agree to adhere to the instructions given by our Instructors during class.

We will not be liable for any failure to obtain access to our Facility or usage of the Facility beyond the reasonable control of The Flow Studio. Any refund of the usage fee will be subject to the sole discretion of Project Studio (PENANG) Sdn Bhd.

All fees, once paid, are strictly non-refundable.

We reserve the right to modify these Terms and Conditions by updating the terms on the Site at our sole discretion. Your continued use of the Site after any updates constitutes your acceptance of the new Terms and Conditions. We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement, or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

The below section refers to Waiver & Release which takes effect upon when you have registered an account with The Flow Studio on our website.

In consideration of the services by Project Studio (PENANG) Sdn Bhd (1524246-X) (“Company”) in relation to conducting and carrying activities including any classes, program, training, instruction or event (“Activities”), and/or use of facilities or equipment therein (“Equipment”), whether provided by the company, or otherwise, the company’s employees, contractors, agent, affiliates, representatives, assigns or successors (“Associates”) at the space of Project Studio (PENANG) Sdn Bhd, located at F11 & F12 Gurney Walk, 18A Persiaran Gurney. 10250 Penang.

(“Premise”). I, the undersigned, hereby voluntarily agree as follows:-

Declaration:-

• I hereby confirm that I am 18 years old or older in order to participate in the Activities, For ages 17 and under, I agree that I will require parental/guardian supervision.
• I hereby declare myself to be physically sound and suffering from no condition, impairment, disease or other illness [collectively, “Ailments”] that would prevent my participation in the activities and/or use of the equipment. In the event that I am aware of such Ailments, it is my responsibility to inform the Company and/or its Associates prior to participating in the Activities.
• I further acknowledge that it is my responsibility to ensure that I am in good physical condition prior to participating in the Activities conducted in the Premise and to use the Equipments.
• Where I am unsure and/or unfamiliar with the use of the equipment and/or the Activities, it is my responsibility to actively inform the Company and/or its Associates prior to performing any exercises or participating in any of the Activities.
• I understand that Activities and its exercises thereof can be physically demanding and if performed incorrectly can cause serious harm.
• Where I remain silent, I acknowledge that I am familiar with the Equipment and thus will not use the Equipment that I am unfamiliar with or perform any exercises that I am unsure of. In this regard, I assume all liability for any possible injury caused by the exercises I choose to perform or Activities that I choose to participate.
• I acknowledge that the Company and its Associates are not able to provide you any medical advice in relation to the use of the Equipment wherein I acknowledge that it is my responsibility to enquire as to and ascertain my health or fitness level.
• Where I have any health or medical concerns or suspicion of any Ailments, now or after I join as a Member, I must discuss them with a medically qualified doctor before using the Equipment. If you use the equipment contrary to medical recommendations or fitness/ use recommendations, I do so at my own risks.
• I understand that in the event of an accident or injury, personal judgement may be required by the company’s employees, agents, representatives or volunteers regarding what actions should be taken on my behalf.
• I understand that it is my responsibility to secure personal health insurance in advance, if desired.
• I acknowledge that the company and/or by the company’s personnel does not legally owe me a duty to take any action on my behalf.
• I acknowledge that my access to the Activities is not exclusive and subject to the availability on a “first-come-first-serve” basis. The Company does not provide any representation or guarantees that I will have access to the Activities at any given time

I further agree that the Company reserves the ultimate rights to refuse me entry or to request me to leave where I:

• act, engage or perform any exercises in respect of the Activities or mis-use the Equipment which could cause damage to the Premises and/or Equipment;
• fail, refuse and/or omit to follow any instructions or directions afforded by the Associates concerning the Equipment and/or Activities;
• act in manner that threatens, causes harm and/or discomfort (including sexual harassment) to the Associates or other members;
• am under the influence of, or suspected to be under the influence of, any intoxicating, illicit or performance based substance while at the Premises and or during the Activities.

Assumption of Risk:-

• I hereby acknowledge full understanding of the possibility of inherent risks, dangers and hazards associated with the activities and/or use of the equipment in the Premise.
• I further acknowledge that it is my responsibility to have a physical examination and to obtain my physician’s permission prior to participating in the activities and/or using the equipment.
• I hereby assume all risk of injury, illness, death, damage, or loss to myself or my property that I may suffer while and/or resulting from using the Premise or the Equipment, or participating in the Activities, whether arising out of active or passive acts of negligence, action or inaction, on the part of the Company or the Associates.
• I understand and acknowledge that the Company purchases and/or leases the equipment from third parties whereby the Company is not involved in the manufacture and/or assembly of any equipment used in premises wherein I agree that the Company shall not liable for defects in products or equipment and any injury loss or damage resulting there from. I shall be personally responsible for any personal property that is damaged, lost, or stolen while on or around the Facilities including, but not limited to its contents or any property left in a locker.

I, the undersigned, for myself and on behalf of my next of kin, heirs, personal representatives and assigns, hereby release, indemnify and hold harmless the Company and the Associates from any and all claims, demands, damages, rights of action or causes of actions, present or future, arising out of my participations in any of the Activities occurring in the Premise, usage of the Equipment and/or the Premise, including any injuries arising from the negligence of the Associates or otherwise, to the fullest extent permitted by the law.

The Site contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of the Company [collectively referred to as the “Content”].

The Content may be owned by the Company or authorised third parties. Any unauthorized use of the Content may violate copyright, trademark, and other laws. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

The trademarks, service marks, and logos of the Company used and displayed on the Site are registered and unregistered trademarks or service marks of the Company. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the aforementioned marks without our prior written permission specific for each such use.

No Content shall be retransmitted or reproduced in any other form whether electronically or printed without the Company’s express, written consent for each and every instance.

I acknowledge that the Company may collect, use and retain my personal data pursuant to the Personal Data Protection Act 2010. In such instances, I agree that the Company may process or use the personal data pursuant to the Company’s Personal Data Policy.

These Terms and Conditions constitute the entire understanding between the Company and myself relating to the Premises, Activities and the transaction thereof. Unless otherwise expressly agreed in writing, these Terms and Conditions shall prevail over any other terms of the Transaction, whether oral or written to the extent of any inconsistency or conflict between these Terms and Conditions and such other terms.

No other Terms and Conditions will apply. These Terms and Conditions cannot be varied unless the Company hereby agrees to vary it in writing.

If any one or more of the provisions or part thereof contained in these Terms and Conditions is or becomes invalid or unenforceable due to any reason, this shall not in any way affect or impair the validity or enforceability of the remaining provisions hereof.

The headings in these terms and conditions are for convenience only and shall not affect their interpretation.

Any reference in these terms and conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to the exclusive jurisdiction of Malaysia.