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GENERAL TERMS AND CONDITIONS

TERMS AND CONDITIONS MOM IN BALANCE KENYA

SUBSCRIPTION
- Subscription for one of the workout memberships (Pregnant, Back in Shape, Mpower) is for a minimum of 3 months. Subscription will take place by fully completing the application form on the website www.mominbalance.com. The subscription will start on the day of entry as indicated on the application form (provided there is space available in the desired group).

- By subscribing, you declare to accept these terms and conditions of Mom in Balance Kenya.

- You can change your subscription from 1 time per week into unlimited per month at any time by sending an email to nairobi@mominbalance.com (provided there is space available in the desired group). Changing the subscription from unlimited per month into 1 time per week is possible with a notice period of 1 calendar month by sending an email to nairobi@mominbalance.com.

- A temporarily stop of your subscription is possible if you are not able to participate due to an injury or compelling reason. This needs to be announced as soon as possible by sending an email to nairobi@mominbalance.com. In an agreed situation, the outstanding lessons with a maximum of 4 will stay valid on the account till the temporary stop is reactivated for participation.

- If you are pregnant, your Mpower subscription can be changed into the Pregnant subscription by sending an email to nairobi@mominbalance.com.

- When you are pregnant and have a Pregnant subscription, the moment could occur that you have an early delivery or so forth keeping you temporarily from participating in trainings. The subscription itself will come to a stop at the date of delivery. The lessons that are outstanding at the date of the delivery will then stay valid on the account, with a maximum of 4, to roll over into the Back in Shape training when the participant is ready to sign in again. In case the participant does not choose to resume with a Back in Shape training the remaining lessons will be terminated.

- The subscription is personal and non-transferable.

- Participation is at your own risk. Mom in Balance Kenya or its trainers are not liable for any injuries, illness or death of participants. Neither for any lost or stolen items.

- Prior to starting your first workout, you need to sign a waiver & release form indemnifying Mom in Balance Kenya for any injuries, illness or death or for any lost or stolen items.

Flex Card

- Mom in Balance Kenya offers a Flex Card. The Flex Card gives a participant 10 workouts and is valid until 6 months after purchase. Any credits left on the card after 6 months will be lost.

- By subscribing to the Flex Card, you declare to accept these terms and conditions of Mom in Balance Kenya.

- The subscription will not automatically be extended and will finish after 6 months. If you want to extend, re-register at www.mominbalance.com/kenya or send us an email right after your last session.

- A Flex Card comes with a Mom in Balance package -Band, Book and Bag- for Pregnant and Back in Shape participants.

- It is essential that a participant with a Flex Card uses the Mom in Balance app.

- When a participant registers online, she signs up for a regular workout. After signing up this regular workout will be deleted by Mom in Balance Kenya. A participant needs to register herself in the app for each workout that she would like to attend 12 hours in advance. If the participant cannot join the workout she registered for, the participant is kindly asked to sign out of the workout no later than two hours prior to the workout and to sign up for another workout via the app. If a participant signs out less than two hours prior to the workout, a Flex credit usage will be noted down in the admin system. 

- The Flex Card subscription is personal and non-transferable.

- Participation is at your own risk. Mom in Balance Kenya or its trainers are not liable for any injuries, illness or death of participants. Neither for any lost or stolen items.

- Prior to starting your first workout, you need to sign a waiver & release form indemnifying Mom in Balance Kenya for any injuries, illness or death or for any lost or stolen items.

PAYMENT
- Payments due must be paid after receiving the invoice via e-mail. The payment should be done by bank transfer or M-Pesa. Payments of the subscriptions are done monthly. If preferred, Mom in Balance Kenya offers the possibility to pay upfront for a longer period. Please indicate the desired period (e.g. 3, 6, 9 or 12 months) in the subscription form.

- Payment of the Flex Card is done fully at once in advance of the first workout.

- It is your responsibility to check your e-mail for invoices. If you change your e-mail address always let us know via nairobi@mominbalance.com

- If you fail to pay us the fees by the due date, we are entitled to refuse your participation in the workouts. If unpaid fees remain outstanding, and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action. Any associated costs will be recovered on you.             

- Mom in Balance Kenya is entitled to end the subscription in case of remaining unpaid fees. Payment is still required.                      

- Mom in Balance Kenya is entitled to change subscription fees. You will be notified with a minimum of 3 months about the fee change. The price change will not apply to the current duration of the contract.                                                               

WORKOUTS

- Mom in Balance Kenya is entitled to change workout -times/- location/ -programs etc.

- The workouts will always take place regardless of the weather. Only under extreme weather conditions or because of illness of the trainer, the workout can be cancelled. In case of (heavy) rain, the trainer might relocate the workout to the back-up location.

- Cancellation of the workout will be communicated (by email) not later than one hour before the start of the workout. In case Mom in Balance Kenya cancels a workout for the above-mentioned reasons, you will always get a possibility to catch up at a different time in the coming week.

- Workouts take place throughout the whole year. Except for national holidays, without fee reduction or refund.

- If you choose not to take part in the workouts Mom in Balance Kenya is offering, no refund will be made. Nor will this be added to your new period. It is possible to catch up the missed workouts on other days within a period of 3 months. The right to catch up missed workouts expires after the end of your subscription. Missed workouts cannot be added to your current period as extra weeks of that period.

- It is possible to catch up missed workouts due to a planned vacation on other days within a period of 3 months. You cannot -temporarily- stop the subscription for vacation reasons (exception for the summer and end of your breaks, see below). The right to catch up missed workouts expires after ending the subscription.

- During the end of year break (17th of December until the 7th of January) you could pause your membership if you are away on holiday. The same goes for the Summer period from beginning of July till end of August. Your pause should always be announced upfront and via e-mail and is always with a maximum of 3 weeks during summer and 2 weeks during the end of year break. If you decide to stop the membership over the holiday break there is also the regular one calendar month notice period.

- Mom in Balance Kenya will be closed during school holidays. Your membership will be frozen for this period. Holiday schedules are being announced via website, newsletter and Facebook.

- Participation is at your own risk and participants are required to inform the trainer of any injuries. During the workouts, you should follow trainers’ instructions and you should listen to your own body. In case of uncertainties discuss with the trainer whether exercises are suitable for your situation.

- All members are kindly asked to use our App. You are automatically signed up for your regular workout. If you are not coming you can easily sign out via the App. This will generate a credit to make up for the workout any other day within 3 months. If you do not sign out, you lose your workout. With a membership, you need to sign out 1 hour before the start of the workout in order to keep your credit.


END OF SUBSCRIPTION
- A Pregnant subscription ceases after 3 months, with immediate effect, by sending a notice by means of an email to nairobi@mominbalance.com. Without a termination notice of the Pregnant subscription, the subscription will be extended monthly automatically until your due date. The Pregnant subscription ends automatically on the due date. If the delivery has taken place before the due date, then the subscription will be ended on the date of delivery. Send an email to nairobi@mominbalance.com if this occurs.

- A Back in Shape subscription ceases after 3 months, with immediate effect, by sending a notice by means of an email to nairobi@mominbalance.com. Without a termination notice of the Back in Shape subscription, this subscription will be extended monthly automatically. After 6 months, the Back in Shape subscription will be converted into the Mpower subscription automatically (different rates apply).  

- A Mpower subscription ceases after 3 months, with immediate effect, by sending a notice by means of an email to nairobi@mominbalance.com. Without a termination notice of the Mpower subscription, the subscription will be automatically extended monthly.

- If you have the monthly subscription, there is also a 1 calendar month notice period. The membership can be ended by sending a notice by means of an email to nairobi@mominbalance.com.

- After your notice, you will receive your final invoice.

- A membership can never be ended by telling the trainer. It should always be communicated via nairobi@mominbalance.com.

- The subscription of a Flex Card will not automatically be extended and will finish after 6 months. If you want to extend, re-register at www.mominbalance.com/kenya or send us an email right after your last session.