Common use of LIABILITY AND LIMITATION OF LIABILITY Clause in Contracts

LIABILITY AND LIMITATION OF LIABILITY. The Member uses the facilities and services at his or her own risk and perils and shall be fully liable for the damage caused by him or her and (in case of Premium/Unlimited membership) by the Friend to all facilities of the PureGym fitness club. PureGym excludes any contractual and non-contractual liability for the Member’s damages and (for Premium/Unlimited Membership) damages incurred by the Friend, to the extent permitted by law. In particular, PureGym also excludes any liability (in tort and in contract) for financial damages, damages to property and any contractual liability for acts and/or omissions of auxiliary persons. Should the Friend assert any claims against PureGym, the Premium/Unlimited Member shall indemnify PureGym in full. It is the Member’s responsibility to take out an insurance policy. PureGym is not liable for any loss or damage caused by simple negligence, just as PureGym is not liable for indirect losses. The Member is not entitled to claim damages or compensation if the Member's opportunity to use PureGym facilities are reduced as a result of renovation or maintenance work, damage, repairs, cleaning, health or hygiene measures or other operational measures initiated by PureGym. If PureGym is unable to fulfil their obligations to the Member as a result of conditions beyond PureGym's control, which PureGym could not foresee or overcome the consequences of (force majeure), the parties' obligations towards each other are suspended during the period during which force majeure exists. The Member cannot cancel their membership during this period, but the Member may terminate their membership in the usual way. If the Member has a pre-paid membership and PureGym is unable to meet their obligations to the Member for a period of time due to force majeure, the Member may not demand that such pre-paid membership is fully or partially refunded or compensated immediately for such period. If the membership remains in force after the force majeure period, PureGym will deduct the value of the prepaid membership for the period from the subsequent billing of the Member.