1.1 These Terms and Conditions (“Terms”) govern your access to and use of the Website amitsahafitness.com, together with all coaching programs, training sessions, consultations, nutrition guidance, memberships, digital products, communication channels, and related services (collectively, the “Services”) offered by Amit Saha Fitness Private Limited, a company incorporated under the Companies Act, 2013, having its Registered office – 84, Bengali Colony Ujjain, Madhya Pradesh – 456010, India (“ASF”, the “Company”, “we”, “us”, or “our”).
1.2 By accessing the Website, registering, submitting an enquiry, booking a session, making a payment, or otherwise using the Services in any manner, you (the “Client”, “Member”, “User”, “you”, or “your”) acknowledge that you have read, understood, and agreed to be legally bound by these Terms and all policies referenced herein.
1.3 These Terms must be read together with our Privacy Policy and our Refund & Cancellation Policy, and any program-specific terms communicated to you at the time of enrolment. All such policies are incorporated into these Terms by reference.
1.4 If you do not agree with any part of these Terms, you must immediately discontinue access to the Website and the Services.
1.5 ASF may update or revise these Terms from time to time. The version published on the Website is the version in force, and your continued use of the Services after any update constitutes acceptance of the revised Terms.
For the purpose of these Terms:
3.1 You represent and warrant that you are at least eighteen (18) years of age and legally competent to enter into a binding contract under the Indian Contract Act, 1872.
3.2 A minor may use the Services only under the express supervision, consent, and responsibility of a parent or legal guardian, who shall be bound by these Terms on the minor’s behalf.
3.3 ASF reserves the right to refuse, suspend, or terminate access to any individual who does not meet the eligibility criteria or who provides inaccurate or misleading information.
4.1 ASF provides personalised fitness coaching, nutrition guidance, and wellness services, which may include online coaching programs and personalised training sessions; offline personal training, where available; fitness, lifestyle, and nutrition consultations; customised workout, nutrition, and lifestyle plans; subscription and membership-based programs; digital products and educational content; and related advisory, accountability, and communication support.
4.2 The Services are delivered by ASF and its associated Coaches in accordance with ASF’s coaching methodology, internal standards, and operational processes.
4.3 ASF reserves the right to modify, enhance, suspend, or discontinue any Service, feature, program, or pricing at any time, with reasonable notice to affected Clients where practicable.
5.1 ASF operates as a structured fitness coaching company. Coaching is delivered by Coaches who are engaged or associated with ASF and who work within ASF’s coaching framework and quality standards.
5.2 ASF’s Coaches may hold professional certifications such as Certified Personal Trainer, Certified Nutrition Coach, or Weight Loss and Fat Loss Specialist credentials, including certifications recognised internationally. Certifications reflect professional training in fitness and nutrition coaching and do not constitute medical, clinical, or therapeutic qualification.
5.3 ASF and its Coaches do not act as licensed medical practitioners, physiotherapists, dietitians, or psychologists, and do not diagnose, treat, prescribe for, or cure any medical condition. The Services are intended for general fitness, nutrition, and wellness guidance only.
5.4 ASF shall not be responsible for any advice, communication, arrangement, or conduct provided or undertaken by a Coach outside the scope of the Services officially authorised by ASF. Any private or independent arrangement between a Client and a Coach, whether during or after the engagement, is strictly between those individuals and is not the responsibility of ASF.
6.1 All Services, plans, recommendations, and content provided by ASF are for informational, educational, and general fitness purposes only and do not constitute medical advice, diagnosis, treatment or cure.
6.2 You are strongly advised to consult a qualified medical practitioner before beginning any fitness program, dietary change, supplementation plan, or lifestyle modification, particularly if you have a pre-existing health condition or injury, or are pregnant or postnatal.
6.3 You should seek immediate medical attention if you experience pain, dizziness, breathlessness, discomfort, or any adverse symptom during or after any activity. The Services are not a substitute for professional medical care.
7.1 You agree to provide complete, accurate, and truthful disclosure of all relevant health information before and during your engagement, including medical history and existing health conditions; current or past injuries and surgical history; medications, treatments, or therapies; allergies and dietary restrictions; and pregnancy, postnatal status, or related conditions.
7.2 You acknowledge that participation in fitness training, physical activity, workouts, nutrition plans, and wellness programs involves inherent risks, including muscle strain, physical injury, illness, discomfort, aggravation of pre-existing conditions, and, in rare cases, serious health complications.
7.3 You voluntarily assume all such risks and confirm that you are participating of your own free will, having satisfied yourself that you are medically and physically fit to do so.
7.4 Failure to disclose accurate and complete health information shall constitute a breach of these Terms and shall fully waive and release ASF from any related liability.
8.1 ASF does not guarantee or warrant any specific result or outcome, including weight loss, fat loss, muscle gain, body composition change, strength improvement, medical improvement, or any particular physical transformation.
8.2 Results vary significantly from person to person and depend on individual factors including genetics, consistency, effort, discipline, adherence to guidance, nutrition, sleep, stress, lifestyle, and underlying health conditions.
8.3 Any testimonials or transformation examples shared by ASF represent individual experiences and are not a promise or guarantee of comparable results for any other Client.
9.1 For online coaching, virtual consultations, and digital services, you are solely responsible for ensuring a safe and suitable training environment, reliable internet connectivity, a compatible device, and the technical readiness required to participate.
9.2 ASF shall not be responsible for improper exercise execution arising from technical limitations such as camera angle, video quality, audio disruption, or connectivity issues, nor for any injury arising during online sessions, which shall remain at your sole risk.
9.3 ASF shall not be liable for interruptions, delays, or failures caused by internet connectivity, device or software malfunction, server downtime, platform errors, or any third-party communication platform used to deliver the Services.
10.1 You acknowledge that the Services may be delivered by Coaches of any gender, subject to availability and operational requirements.
10.2 Where in-person training is provided, you provide informed consent to necessary, professional physical interaction strictly limited to posture correction, exercise-technique guidance, and safety spotting.
10.3 ASF maintains a strict zero-tolerance policy towards harassment, misconduct, abuse, or inappropriate behaviour by any person. Any concern regarding professional conduct should be reported to ASF immediately through official channels.
11.1 Coach assignment is determined by ASF based on availability, suitability, and operational requirements.
11.2 ASF may reassign a Coach during the course of a Program where necessary for operational, performance, or continuity reasons, and will endeavour to ensure a smooth transition with minimal disruption.
11.3 A Client request for Coach reassignment must be submitted in writing through official channels and will be considered subject to availability. Reassignment of a Coach, whether initiated by ASF or requested by the Client, shall not give rise to any refund, credit, compensation, or claim.
12.1 ASF’s fees cover coaching services only. ASF does not own, operate, provide, or arrange access to any third-party facility, including gyms, fitness centres, studios, residential society facilities, hotels, sports grounds, or other private or public premises.
12.2 You are solely responsible for obtaining access permissions to, and paying any applicable usage or membership fees for, any facility used in connection with the Services.
12.3 ASF and its Coaches shall not be responsible for the condition, maintenance, safety, suitability, or operation of any third-party facility or equipment. Any damage caused to equipment, machinery, facilities, or premises during a session shall be the sole responsibility and liability of the Client.
13.1 All fees for the Services are payable in advance through ASF’s officially designated accounts, approved payment gateways, or other authorised channels communicated to you in writing.
13.2 No-OTP Policy. ASF will never request a One-Time Password (OTP), account password, banking PIN, or other sensitive access credential from you. You must never share such information with any person claiming to represent ASF. ASF shall not be liable for any loss, fraud, or unauthorised transaction arising from your sharing of OTPs or credentials.
13.3 ASF is responsible only for payments made through its official and authorised channels. Any payment made directly to a Coach or through an unofficial, unauthorised, or third-party channel is made entirely at your own risk, and ASF shall not be liable for any dispute, loss, or claim arising from such payments.
13.4 Chargeback and Payment Dispute Restriction. You agree not to initiate any false, fraudulent, unauthorised, or bad-faith chargeback, payment reversal, or banking dispute after availing any Service, consultation, session, or benefit. In the event of such conduct, ASF reserves the right to suspend Services, recover outstanding amounts and costs, restrict access, share relevant transaction records with financial institutions or authorities, and pursue appropriate civil and/or criminal remedies.
13.5 ASF does not store sensitive financial credentials. All payment processing is handled by secure third-party payment gateways.
14.1 All cancellations, refunds, rescheduling, missed sessions, and related matters are governed exclusively by ASF’s Refund & Cancellation Policy (Part C of this document), which is incorporated into these Terms by reference.
14.2 In the event of any conflict between a summary in these Terms and the Refund & Cancellation Policy, the Refund & Cancellation Policy shall prevail in respect of that subject matter.
As a condition of your engagement, you agree to:
(a) Daily Activity Reporting
Provide regular and honest updates as reasonably requested by your Coach, which may include meals and dietary intake, workout completion, water intake, sleep, and any physical discomfort or pain. ASF shall not be responsible for diminished results arising from a failure to report.
(b) Pre-Session Disclosure
Disclose, before each session, any fatigue, soreness, injury, discomfort, illness, or deviation from your prescribed plan. ASF reserves the right to modify or cancel a session on this basis without compensation, in the interest of your safety.
(c) Program Adherence
Follow the prescribed workout, nutrition, and recovery guidance, avoid unauthorised modifications, and raise any concerns with your Coach rather than altering the plan independently.
(d) Lifestyle Responsibility
Acknowledge that habits such as smoking, excessive alcohol consumption, inadequate sleep, and poor dietary practices may adversely affect your results, for which ASF shall not be held responsible.
15.2 Repeated or material non-compliance with program guidance or these responsibilities may result in modification, suspension, or termination of the Services without refund, at ASF’s discretion.
16.1 ASF maintains strict confidentiality and intellectual property protection in respect of all Clients, Coaches, employees, business operations, communications, digital assets, and proprietary materials.
16.2 All coaching systems, methodologies, workout plans, nutrition plans, program structures, content, branding, and materials provided by ASF are the exclusive intellectual property of ASF. They are licensed to you for your personal, non-commercial use only, for the duration of your engagement. You shall not copy, resell, redistribute, share, publish, or commercially exploit any such material.
16.3 You shall not record, capture, publish, circulate, reproduce, edit, distribute, broadcast, or commercially exploit any session recording, consultation recording, workout video, transformation content, photograph, call recording, chat, message, screenshot, internal communication, or other ASF-related content or communication without the prior written authorisation of ASF. This restriction applies to all media and communications, whether online or offline, and survives the termination or completion of your engagement.
16.4 No person shall create, publish, or circulate defamatory, misleading, manipulated, or fake content, reviews, testimonials, or campaigns intended to damage the reputation, goodwill, operations, staff, Coaches, or business interests of ASF.
16.5 ASF and its authorised representatives retain the exclusive right to use session content, transformation content, testimonials, photographs, and recordings for lawful operational, branding, promotional, marketing, training, security, and legitimate business purposes. The collection and use of such personal content is further governed by the Privacy Policy, including your rights in relation to consent. Where you have a right to withdraw consent under applicable law, such withdrawal will apply prospectively and will not require ASF to recall or remove content already lawfully published.
16.6 Any unauthorised recording, disclosure, circulation, or misuse of ASF content or communication shall constitute a material breach of these Terms and applicable law. ASF reserves the right to suspend or terminate Services, seek removal of such content, claim damages and losses, seek injunctive relief, and pursue all available civil and criminal remedies.
16.7 These confidentiality and intellectual property obligations shall survive the suspension, termination, expiry, or completion of any membership, Service, or engagement.
17.1 You agree to maintain respectful, professional, lawful, and appropriate conduct in all interactions with ASF, its Coaches, its staff, and other Clients, and to refrain from abuse, harassment, threats, intimidation, discrimination, or any inappropriate behaviour.
17.2 ASF reserves the right, at its sole discretion, to issue a warning, restrict access, suspend, or immediately terminate the Services and any membership in the event of misconduct, breach of these Terms, non-compliance, or conduct harmful to ASF, its staff, its Coaches, or other Clients.
17.3 Where the Services are terminated due to misconduct, breach, or non-compliance, you shall not be entitled to any refund, credit, compensation, or adjustment, and ASF reserves the right to recover any outstanding dues and to pursue legal remedies where appropriate.
17.4 ASF may also suspend or discontinue the Services where continued delivery is rendered impractical by the Client’s persistent failure to follow advised guidance.
18.1 To the fullest extent permitted by applicable law, ASF, together with its Directors, management, employees, Coaches, and representatives, shall not be liable for:
18.3 To the maximum extent permitted by law, ASF’s total aggregate liability arising out of or in connection with the Services shall not exceed the total amount actually paid by you to ASF for the specific Service giving rise to the claim.
18.4 Nothing in these Terms shall exclude or limit any liability that cannot lawfully be excluded or limited under applicable Indian law.
20.1 ASF shall not be liable for any delay, interruption, or failure in the performance of the Services resulting from events beyond its reasonable control, including natural disasters, epidemics or pandemics, government orders or restrictions, civil disturbance, strikes, power outages, internet or telecommunication failures, and medical emergencies.
20.2 In such circumstances, ASF will make reasonable efforts to resume the Services or, at its discretion, to reschedule or extend the affected Program.
21.1 These Terms shall be governed by and construed in accordance with the laws of India.
21.2 Subject to Clause 22, the courts located in Ujjain, Madhya Pradesh, shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or relating to these Terms or the Services.
Users/Members acknowledge and agree that any gym, fitness center, yoga studio, residential society, sports facility, hotel, ground, private premises, public premises, or any third-party location utilized for training sessions shall remain under the responsibility and management of the respective owner and/or the User/Member.
The Company and its Coaches shall not be responsible for obtaining permissions, payment of maintenance or facility charges, access-related charges, equipment condition, operational management, safety standards, or any damages, losses, or issues relating to such facilities or premises.
Further, any damage caused to equipment, machines, facilities, or premises during the course of any session shall be solely the responsibility and liability of the respective User/Member.
23.1 In the event of any dispute, claim, or difference arising out of or relating to these Terms or the Services, the parties shall first attempt to resolve the matter amicably through good-faith discussion.
23.2 If the dispute is not resolved amicably within thirty (30) days, it shall be referred to arbitration by a sole arbitrator appointed by ASF, conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Ujjain, Madhya Pradesh, and the proceedings shall be conducted in English. The arbitral award shall be final and binding on the parties.
23.3 Notwithstanding the above, ASF reserves the right to seek urgent injunctive or equitable relief from a court of competent jurisdiction to protect its rights, reputation, intellectual property, or business interests.
24.1 Entire Agreement. These Terms, together with the Privacy Policy and the Refund & Cancellation Policy, constitute the entire agreement between you and ASF in relation to the Services.
24.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
24.3 No Waiver. ASF’s failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
24.4 Assignment. You may not assign or transfer your rights or obligations under these Terms. ASF may assign its rights and obligations to an affiliate or successor entity.
24.5 Survival. Provisions relating to confidentiality, intellectual property, limitation of liability, indemnity, governing law, and dispute resolution shall survive the termination or completion of your engagement.
25.1 ASF reserves the right to modify, update, or revise these Terms at any time. The updated Terms will be published on the Website with a revised “Last Updated” date. Your continued use of the Website or the Services after any revision constitutes acceptance of the updated Terms.
25.2 By accessing the Website, registering, booking a consultation, making a payment, or enrolling in any Service, you confirm that you have read, understood, and agreed to these Terms and Conditions and all policies incorporated by reference, in their entirety.
