Terms and Conditions

These terms and conditions (the “T&Cs”) apply to all offerings by, or on behalf of, or in any way associated with, najomi bell fitness or Najomi Bell trading as najomi bell fitness.

  1. When used in these T&Cs, the term (a) “najomi bell fitness” means the business currently known as “najomi bell fitness” owned and operated by Najomi Bell and includes any corporate or other form such business may take in the future (including GmbH or AG) (b) “Training” includes all classes, courses, lessons, programmes, events and excursions offered by, or on behalf of, or in any way associated with, najomi bell fitness (c) “Participant” includes a person who participates in one or more Training(s) offered by, or on behalf of, or in any way associated with, najomi bell fitness whether or not such person has paid to participate in such Training(s) (d) “najomi bell fitness property” means  all real or personal property owned, leased, rented, possessed, or occupied by najomi bell fitness, (e) “Use” includes utilizing, operating, working, occupying, being located or situated in, or otherwise availing oneself of, any najomi bell fitness property for whatever purpose and “Using” has a corresponding meaning, (e) “User” means a person (irrespective of age) who Uses any najomi bell fitness property whether or not such person has paid for such Use and (f) “Registrant” means a person who registers for themselves, or on behalf of others, to Use any najomi bell fitness property.
  2. All times for Training or Use of any najomi bell fitness property are shown on the website http://najomibellfitness.ch (the “najomi bell fitness website”). Such times are regularly updated and communicated in advance to potential Participants and Users via the najomi bell fitness website.
  3. All Training and Use of any najomi bell fitness property is managed according to an online reservation system shown on the najomi bell fitness website and Participants and Users can only join a Training or Use any najomi bell fitness property by prior registration in such reservation system and advance payment of the relevant registration fee for such Training or Use.
  4. By registering for a Training, Participants confirm that they (a) are 18 years of age or older (b) are, if then required by Swiss law, able to show on demand a valid COVID-certificate or such other evidence issued in accordance with, or otherwise complying with, such Swiss law showing the Participant’s compliance with the then current laws of Switzerland relating to attendance at, participation in, or use of, indoor sporting or recreational events or facilities, (c) will comply with all reasonable requests and directions made or issued by najomi bell fitness in order to comply with any then current law relating to attendance at, participation in, or use of, indoor sporting or recreational events or facilities (including, but not limited to, the wearing of face coverings), (d) are aware that physical training is associated with an increased risk of injury and damage to health and potentially death, (e) are in good physical and mental health and, in the previous 14 days, to the best of their knowledge, have not been in close contact with a person that has tested positive to, and not fully recovered from, COVID-19 including all variants thereof, (f) are aware that the Training offered is only for health promotion and physical performance enhancement and is not to be understood as therapy, (g) are fit and able to participate in such Training (including all water-based activities), (h) take part in such Training at their own risk and (i) take full responsibility for their own health and wellbeing before, during and after such Training. It is incumbent upon each Participant to satisfy themselves that they meet these criteria.
  5. By registering to Use any najomi bell fitness property, the registrant confirms that they (a) are 18 years of age or older, (b) are, if then required by Swiss law, able to show on demand a valid COVID-certificate or such other evidence issued in accordance with, or otherwise complying with, such Swiss law showing the User’s compliance with the then current laws of Switzerland relating to attendance at, participation in, or use of, indoor sporting or recreational events or facilities, (c) will comply with all reasonable requests and directions made or issued by najomi bell fitness in order to comply with any then current law relating to attendance at, participation in, or use of, indoor sporting or recreational events or facilities (including, but not limited to, the wearing of face coverings), (d) take full responsibility for their own health and wellbeing and the health and wellbeing of all persons (irrespective of age) invited by them to Use any najomi bell fitness property for the entire duration of such Use as well as travelling to and from any najomi bell fitness property, (e) in the previous 14 days, to the best of their knowledge, have not been in close contact with a person that has tested positive to, and not fully recovered from, COVID-19 including all variants thereof,  (f) and any person (irrespective of age) invited by them to Use any najomi bell fitness property, will not be Using such najomi bell fitness property for any unlawful purpose. It is incumbent upon each registrant to satisfy themselves that they and any person invited by them to Use any najomi bell fitness property meet these criteria.
  6. Acceptance of a registration to Use any najomi bell fitness property does not entitle the User to the exclusive Use of such najomi bell fitness property unless najomi bell fitness has confirmed such exclusive Use in writing to the registrant. Any such confirmation of the exclusive Use of any najomi bell fitness property shall entitle the User to Use the specified najomi bell fitness property as a licensee only (and not a lessee) for the specified period of Use and neither the User nor the registrant shall have any real or personal interest in such najomi bell fitness property or the premises on which the Use of any najomi bell fitness property takes place.
  7. Najomi bell fitness reserves the right to refuse to accept the registration of any person to use any najomi bell fitness property at its sole discretion.

 

  1. Any and all liability arising as a result of death, injury, illness, theft, loss or damage of whatever nature, of or to a registrant, Participant or User, including damage (incidental, consequential or otherwise) to such registrant’s, Participant’s or User’s health and wellbeing or such registrant’s, Participant’s or User’s property or belongings, caused directly or indirectly by participating in a Training or Using any najomi bell fitness property, is hereby excluded by najomi bell fitness and all persons acting on behalf of, or in any way associated with, najomi bell fitness and each registrant, Participant and User hereby waives, on their own behalf and that of their estate, any and all such liability.
  2. Potential Participants and Users may register for a Training or Use of any najomi bell fitness property up to one hour before the start of the Training or specified period of Use shown on the najomi bell fitness website, but if they wish to cancel such Participation or Use, they must do so at least 24 hours before the start of such Training or intended Use.
  3. Any person who registers for a Training or Use of any najomi bell fitness property but misses the Training or specified period of Use and has not cancelled their participation or intended Use in accordance with condition 9 above, will forfeit to najomi bell fitness 100% of the registration fee for such Training or Use, unless, in the case of a Training a doctor’s certificate is provided within 7 days after the relevant Training confirming that through illness or accident arising or occurring after such registration the Participant was not able to, or was not recommended to, participate.
  4. Najomi bell fitness may, at its discretion, cancel a Training or specified period of Use before it is scheduled to start. In such a case, no liability will attach to najomi bell fitness for any loss or costs (including travel or other incidental costs) arising as a result of such cancellation and a Participant’s or User’s recourse shall be limited to a refund of the registration fee for such Training or Use. After the start of a Training, najomi bell fitness may, at its discretion, terminate such Training before it is schedule to finish (according to the Training times shown on the najomi bell fitness website) and no liability will attach to najomi bell fitness for any loss or costs (including travel or other incidental costs) arising as a result of such early termination unless the early termination occurs within the first 20 minutes after the scheduled start of such Training in which case a Participant’s recourse shall be limited to a refund of the registration fee for such Training. After the start of a specified period of Use, najomi bell fitness may terminate such Use before it is schedule to finish if, in the sole opinion of najomi bell fitness or any person acting on behalf of najomi bell fitness, such termination is required for reasons of the health, wellbeing and/or safety of the Users or to comply with any requirement of any emergency services or governmental agency or authority and no liability will attach to najomi bell fitness for any loss or costs (including travel or other incidental costs) arising as a result of such early termination unless the early termination occurs within the first 20 minutes after the scheduled start of the specified period of Use in which case a User’s recourse shall be limited to a refund of the registration fee for such Use.
  5. All registration fees for Training and Use of any najomi bell fitness property include VAT.
  6. Registration for a Training or Use of any najomi bell fitness property is personal and not transferrable.
  7. Drinks and other waste belonging to, or created by, a registrant, Participant or User must be disposed of properly after each Training or Use. All najomi bell fitness property Used by a registrant, Participant or User must be thoroughly cleaned and returned to the location it was found in at the beginning of the Training or specified period of Use.
  8. Registrants, Participants and Users further agree that any personal data provided by them or by third parties to najomi bell fitness or created by najomi bell fitness (including photographs of registrants, Participants or Users) may be used by najomi bell fitness for the purpose of providing and promoting the Training and other services offered by najomi bell fitness. registrants, Participants and Users consent to the use of their names and images on the najomi bell fitness website and on social media platforms associated with najomi bell fitness.
  9. Subject to all applicable laws and regulations regarding the protection of data, najomi bell fitness may transfer personal data about a registrant, Participant or User to third parties in Switzerland or abroad and may disclose such data if it is necessary or required, in the opinion of najomi bell fitness, due to applicable laws and regulations or for the preservation and enforcement of legitimate interests of najomi bell fitness.
  10. Registrants, Participants and Users acknowledge that changes to the T&Cs may be made by najomi bell fitness provided they are brought to the attention of registrants, Participants and Users. Such changes will be deemed to have been brought to the attention of registrants, Participants and Users, and will take effect, from the moment the changed T&Cs are shown on the najomi bell fitness website.
  11. The T&Cs are governed by Swiss law with Zug (ZG) being the place of exclusive jurisdiction.