Terms of Service

1. Agreement to These Terms

These Terms of Service form a binding agreement between you and NEW CHEER ROAD LIMITED. By using this website, submitting a contact request, booking a walkthrough or attending the training floor, you accept these terms. If you do not accept them, please do not use the site or the services.

These terms apply alongside our Privacy Policy, which explains how we handle personal information. Where a client studio has signed a separate service agreement with us, that agreement governs the commercial relationship between the two businesses, and these terms continue to apply to anyone who simply uses the website or visits the floor.

2. Definitions

In these terms, the Company means NEW CHEER ROAD LIMITED, with its studio at Rm 2107, 382 Lockhart Rd, Wan Chai, Hong Kong (HK). The Site means this website and every page served from it. The Services means the training floor services described on the services page, including class roster bays, member pass runs, coaching note desks, fitness test windows, equipment check reviews and open gym sittings. A Client means a studio or business that engages the Company. A Member means a person who attends a class, sitting or test window operated under the Services. A Record means any roster, pass entry, coaching note, test result or equipment finding held in the operating system.

3. Our Services

The Company designs and operates the systems that support a working training floor. The Services are delivered from the Wan Chai studio and, where a Client is located elsewhere, through a combination of remote configuration and scheduled visits. The scope of each engagement is set out in a written summary agreed before work begins.

We describe the Services in detail on the services page so that a prospective Client can understand what is included before making an enquiry. Descriptions are accurate at the date of publication, but a specific engagement may include or omit an element depending on the size and condition of the floor. Nothing on this Site is a guarantee that a particular outcome will be achieved for a particular studio.

We may improve, replace or retire a Service where that is the right decision for the quality of the work. Where a change affects a live engagement, we will discuss it with the Client before it takes effect.

4. Use of the Website

You may use the Site for lawful purposes connected with learning about the Company and engaging with its Services. You may not use the Site in a way that damages it, interferes with another visitor, attempts to gain unauthorised access to a system or copies content for a competing commercial purpose.

The Site is provided as a convenience. We try to keep it available and accurate, but we do not promise that it will be free of interruption or error. Where a page describes a time, a rule or a service detail, the written confirmation you receive directly from the Company takes precedence over the website text.

Automated scraping of the Site is not permitted without written permission. Search engines may index the Site in the ordinary way, and a reasonable quotation with a clear reference back to the original page is welcome.

5. Accounts and Access

Some parts of the operating system are available only to staff of the Company or of a Client studio. Access is granted for a specific role and must not be shared. If you hold an account, you are responsible for keeping your credentials secure and for telling us promptly if you believe they have been compromised.

We may suspend an account where we have reason to believe it is being misused, where a role has ended or where a security review requires it. Where a suspension is not an emergency, we will explain the reason and the steps needed to restore access.

A Client is responsible for notifying us when a staff member leaves its organisation so that access can be removed. Delays in that notification are the responsibility of the Client, and we will act as soon as we are told.

6. Bookings and Studio Visits

The studio is a working floor, so visits are booked in advance. A walkthrough is normally scheduled for about two hours and is placed in a quiet window so that the floor remains available to members. When you request a visit through the contact form, you are making a request rather than completing a booking; a booking exists only when the Company confirms it in writing.

If you need to move or cancel a visit, tell us as early as you can so that the window can be offered to someone else. Repeated late cancellation may affect our willingness to hold future slots, and we will say so plainly rather than quietly declining.

Visitors should follow any safety instruction given by the floor lead, including instructions about footwear, equipment use and the limits of a supervised area. A visitor who ignores a safety instruction may be asked to leave.

7. Member Passes and Credits

A member pass entitles a Member to access the Services in the number and manner set out at the time of purchase. Credits are reconciled against the door record on a fixed schedule. Where a run identifies an exception, the exception is raised to the front desk and resolved with the Member before the pass is used again.

A freeze requested by a Member is applied from the date recorded in the request. It is the Member responsibility to ensure that a freeze request has been received and acknowledged. Where a freeze was requested but not entered, the pass run will surface the original request date and the front desk will correct the record.

Guest slots are used by a named guest and are not transferable to a third party without the agreement of the studio. Passes and credits are not sold onward, and a pass offered for resale may be cancelled without refund.

8. Coaching Notes and Records

Coaching notes are made by coaches for the purpose of improving the member training. They are short by design and are not a medical record. A member may request a copy of the notes attached to their own record and may ask for a factual correction. Requests are handled under the process described in the Privacy Policy.

A Coach who files a note must ensure that it is factual and respectful. Notes that contain a judgment about a person rather than an observation about a movement are not acceptable and will be corrected by the studio manager.

Records generated by the Company remain the property of the Company or of the Client studio that commissioned the system, as the case may be. Where a Member receives a copy, the copy is for personal use and does not transfer ownership of the underlying record.

9. Fitness Tests and Results

A fitness test window is a scheduled measurement session, not a medical assessment. Results describe performance on the day of the test and can vary with sleep, nutrition and stress. A result should not be read as a diagnosis or as a substitute for advice from a qualified health professional.

A Member who feels unwell on the day of a test should tell the coach before the session begins. The coach may decline to run the test, and the Company will not treat that decision as a failure by the Member.

Test results are recorded in a trend sheet and reviewed monthly. The Company uses the review to improve programming and does not publish individual results to other Members.

10. Open Gym and Supervised Sitting

An open gym sitting is a supervised window with a named floor lead and a posted capacity. Members must follow the posted list of what may be done unsupervised and what requires a coach present. If the list is unclear, ask the floor lead before starting a movement.

Capacity is a safety limit rather than a sales target. A Member who arrives when the sitting is full may be turned away, and the Company will not accept a booking that exceeds the posted capacity. This rule exists to keep the floor safe and is applied even when it is inconvenient.

The floor lead keeps a brief log during each sitting. A Member who reports an incident or an equipment issue is helping the studio improve, and the report will be recorded without blame.

11. Equipment and Floor Safety

Equipment on the floor is reviewed on a rolling schedule with a written finding per item. A piece of equipment that is found unsafe is withdrawn from use and tagged until it is repaired or replaced. Members must not remove a tag or use a tagged item.

Members are responsible for using equipment in the way it was demonstrated. Where a Member is unsure, the correct action is to ask a coach. Using a rack, rig or machine in a way that has not been demonstrated may cause injury and may result in an instruction to leave the floor.

The Company does not accept responsibility for personal property left on the floor. Items left behind are kept for a short period and then disposed of according to the studio process.

12. Fees and Payment

Fees for an engagement are set out in a written summary and are payable in line with the terms of that summary. Where a fee depends on the size of a floor or the number of Services configured, the basis is explained before work begins rather than discovered on an invoice.

Payment is handled by a payment provider, and the Company does not store full card details on this Site or in its operating systems. Where a payment is late, the Company may suspend work on a new pass and will give notice before doing so.

A refund is available where a Service has not been delivered and the shortfall is the fault of the Company. Refunds are not available for a Service that has been delivered in line with the agreed summary, and a change of mind is not by itself a ground for a refund.

13. Intellectual Property

The Site, its text, its layout and the design of the operating system are owned by the Company and are protected by copyright and related laws. You may read, print and share a page for personal or internal studio use, but you may not copy the design into a competing product, resell the text or remove a copyright notice.

A Client receives a licence to use the configured system for its own floor for the duration of the engagement. The licence does not transfer ownership of the underlying design, and it ends when the engagement ends, subject to any written agreement to the contrary.

Member data remains the property of the Member or of the Client studio as described in the Privacy Policy. The Company does not claim ownership of a member record merely because it is stored in a system the Company operates.

14. Acceptable Use

You agree not to use the Site or the Services to do any of the following: submit false information in a contact form; impersonate another person; attempt to access a record that does not belong to you; interfere with the operation of the floor or the safety of another person; upload malicious code; or use the Services for a purpose that is unlawful.

A Member who behaves in a way that endangers another person may be removed from the floor. A Client that misuses the system may have its access suspended. In each case the Company will record the reason and will give the affected party an opportunity to respond, except where an immediate safety risk requires otherwise.

15. Third Party Services

The Services may rely on a third party for hosting, email delivery or payment processing. Those providers have their own terms, and the Company is not responsible for a failure that lies entirely with them. Where a third party failure affects a Client, the Company will help diagnose the issue and will switch providers where that is the practical remedy.

A link on this Site to a third party site is provided for convenience. The Company does not endorse the content of that site and is not responsible for its privacy or security practices.

16. Disclaimers

The Site is provided on an as is basis. The Company makes no promise that the Site will be uninterrupted, that it will be free of error or that every description will match a future change in the Services. Nothing on the Site is medical advice, and nothing in the Services replaces the assessment of a qualified health professional.

Roster, pass and test records are provided to support the operation of a training floor. They are not an audit certificate and they are not a guarantee of a Member safety. The Company operates with care, but physical training carries inherent risk that no record system can remove.

17. Limitation of Liability

To the fullest extent permitted by law, the Company is not liable for indirect or consequential loss, loss of profit, loss of goodwill or loss of data arising from use of the Site or the Services. Where liability cannot be excluded, it is limited to the fee paid for the Service to which the claim relates.

Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded. If a law in your jurisdiction gives you a stronger right than these terms provide, that law applies.

18. Indemnity

You agree to indemnify the Company against a claim, loss or cost that arises from your misuse of the Site or the Services, from information you submit that is false or infringing, or from your failure to follow a safety instruction on the floor. This indemnity does not apply where the loss was caused by the Company own negligence.

A Client studio agrees to indemnify the Company against a claim that arises from a member record the Client instructed the Company to hold, where the claim results from a purpose set by the Client that goes beyond the scope described in the engagement summary.

19. Suspension and Termination

The Company may suspend or end access to the Site or the Services where these terms are breached, where a safety risk arises or where the law requires it. A Member may stop attending at any time, and a Client may end an engagement in line with the notice period in its written summary.

When an engagement ends, the Company will return or delete the records held on behalf of the Client in line with the retention rules described in the Privacy Policy. Records that the Company is required to keep for a legal or accounting reason will be retained and then deleted on schedule.

20. Governing Law

These terms are governed by the laws of Hong Kong (HK), and the courts of Hong Kong have exclusive jurisdiction over a dispute arising from them, unless a mandatory rule in your own jurisdiction provides otherwise. Before starting a formal proceeding, both parties agree to attempt a good faith discussion for thirty days.

If any part of these terms is found to be unenforceable, that part is removed and the remainder continues in effect. The failure of the Company to enforce a right on one occasion is not a waiver of that right.

21. Changes to These Terms

The Company may update these terms when the Services change or when the law requires it. The date at the top of the page shows when the current version took effect. Where a change is material, notice will be given on this page and, where possible, to a Client directly.

Continuing to use the Site or the Services after a change takes effect means that you accept the updated terms. If you do not accept a change, you should stop using the Services and tell us so that the engagement can be wound down cleanly.

22. Contact

Questions about these terms, or about a specific engagement, can be sent to inbox@risefitness.lat or raised by telephone on +16282915012. Written correspondence can be addressed to the studio below.

These terms of service apply to every page of this website and to the training floor services operated by NEW CHEER ROAD LIMITED.