TERMS & CONDITIONS

Last Updated: September 2023

1.    GENERAL

1.1    Please read these Terms and Conditions (the “Terms & Conditions” “Terms” or “Agreement”) carefully as they contain important information regarding your legal rights, remedies, and obligations.

1.2    These Terms & Conditions constitute a binding contract and agreement by and between you and The Well Ltd (Referred to as “The Well", “we”, “our” and “us”). The contract may be entered into either in writing on by electronic form through our website or other application. These Terms and Conditions apply to all  appointments at The Well (including clinical appointments such as physiotherapy, psychotherapy, massage, chiropractic, acupuncture) and participating in classes (such as yoga, pilates, barre and personal training) (“Classes”) and such additional services as may be offered by us from time to time (the “Services”) and by using website, mobile site, social media platforms or other applications owned or operated by The Well (referred to as the “Application”) including completing the registration process for your account, making purchases through the Application or in-studio and all related interactions. Pursuant thereto, you represent that (i) you have read, understand, and agree to be bound by these Terms & Conditions, (ii) you are of legal age to form a binding contract with us, and (iii) you have the authority to enter into this Agreement for yourself and for any minor for whom you purport to be responsible. 

1.3    If you do not agree to be bound by the Terms & Conditions, you may not access the Application or use our Services. 

1.4    These Terms & Conditions are subject to change by us at our sole discretion at any time. When changes are made, we will publish a new copy of the Terms & Conditions on our website. We will also update the "Last Updated" date at the top of the Terms & Conditions.

1.5    Any changes to the Terms & Conditions will be effective immediately for new users and will be effective thirty (30) days after we post the updated Terms on our website for existing users. We may require you to provide consent to the updated Terms & Conditions before further use of further services are permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Application and our  Services. Otherwise, your continued use of our Services constitutes your acceptance of such change(s). 

2.    HEALTH AND SAFETY

2.1    Your health and safety are our top priority and our staff are available to assist you with any questions you might have concerning the Services but it is your responsibility to make sure you are comfortable with the activities involved with the Services before proceeding.

2.2    Some of our Services involve high intensity cardiovascular exertion or muscular skeletal manipulation and you should consult your doctor before participating in such Services. Pregnant women in particular are advised to consult their physician before engaging in such Services. You acknowledge that you will at all times undertake activities and work at a pace that is comfortable and safe and if you feel unwell, you will stop performing the Service and advise management immediately about your concern.

3.    BILLING AND CREDIT CARD AUTHORIZATION

3.1    By entering your credit card or debit card (“card”)  details in the Application, the cardholder and account holder authorize The Well to charge the card or deduct from your account, amounts due for any purchases made through the Application and in-studio including cancellation fees incurred in accordance with our  cancellation policy.

3.2    Some Services or packages may contain an automatic renewal such that after your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew on the first day following the end of such period (each a "Renewal Commencement Date") and continue for the remainder of the subscription period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into your account to manage your subscription or by emailing us at info@thewellcayman.com

3.3    By subscribing to a renewing service, you authorize us to charge your payment method as disclosed in the subscription terms. If you cancel your subscription, your subscription will terminate. You agree that we may either terminate or suspend your subscription for any reason at any time at our sole discretion.

3.4    If your payment method is declined, we will attempt to process any outstanding charges until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to ask you to update your payment information.

4.    PERMISSION TO CONTACT YOU

4.1    By agreeing to these Terms and Conditions and/or by creating an account with us, you agree and "opt in" to being added to our mailing list and you acknowledge and agree that we may send email notices and newsletters to you from time to time. If you wish to be removed from our mailing list at any time, you can unsubscribe from the list by clicking the "unsubscribe" button at the bottom of each email.

5.    SUSPENDED ACCOUNTS

5.1    The Terms & Conditions are designed to help create a safe and positive experience for our customers and accordingly your account may be suspended if we find violations of our Terms & Conditions. 

5.2    Your account may also be suspended if you have an unpaid balance owing to us. Your account will be reactivated when the outstanding balance has been settled..

6.    ACKNOWLEDGEMENT OF RISK & ASSUMPTION OF LIABILITY

6.1    You hereby acknowledge that there are certain risks and dangers associated with participating in the Services. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the risks include but are not limited to: minor injuries such as injuries from slipping, scratches, bruises and sprains; major injuries such as eye injury, loss of sight, joint or back injuries, heart attacks and concussions and catastrophic injuries including paralysis and death. you acknowledge that you voluntarily assume personal liability for all such risks and will at all times comply with all stated safety signs, rules and verbal instructions given to you by our staff. If you have any chronic disabilities or conditions or do not voluntarily assume personal liability for all risks, you should not participate in any Services at the well.

7.    WAIVER & RELEASE FROM LIABILITY

7.1    in consideration of being allowed to participate in the Services you hereby (i) assume full responsibility for any and all illness (including SARS covid-19), injuries or damage which are sustained or aggravated by you in relation to attending the Services or your presence on our premises; (ii) waive, release, indemnify, hold harmless and forever discharge The Well, its directors, officers, members, employees, agents, representatives, and all others from any and all responsibility, claims, demands, rights, causes of action and/or liability now or in the future from illness, injuries, loss of life or damages to your person or property  howsoever occurring to the fullest extent allowed by law (iii) represent you have no medical or physical condition which would prevent you from attending any of The Well's Services and/or put you or any of the well’s customers in any physical or medical danger, and you have not been instructed by a physician not to participate in physical activity or to undertake exercises of the type offered at The Well.

7.2    You understand and agree that in no event shall we be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the Application, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the terms, or from any communications, interactions or meetings with other users of the digital services , on any theory of liability, resulting from: (i) the use or inability to use the Application; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained through the digital services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Application; or (v) any other matter related to the Application, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.

7.3    Under no circumstances will we be liable to you for more than the amount received by us as a result of your use of our Services in the six month period prior to which you first assert a claim (the “period”). If you have not paid us any amounts in the period, our sole and exclusive liability shall be limited to one hundred dollars.

8.    DISCLAIMERS

8.1    Your use of the Application and the Services is at your own risk. You assume the risk of all damages or loss from the use of, or inability to use, the Application and the Services. We do not promise, covenant, represent, warrant or guarantee that you will obtain any particular or tangible result or goal through the use of the Application or the Services, or any product or service made available on or through the Application.

8.2    No advice or information, whether oral or written, obtained from us or through the Service or the Application, including in connection with the products, will create any warranty not expressly made herein.

8.3    We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or delays of transportation or shipping facilities, fuel, energy, labor or materials.

9.    NOTICE REGARDING MEDICAL ADVICE

9.1    The Services do not provide medical advice. Nothing stated or posted on the Application is intended to be, and must not be taken to be, the practice of medicine. The materials on the Application, such as text, graphics, images, and information obtained from the Application are for informational purposes only. The Application is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through the Application. 

9.2    You may be asked to complete a health survey, which shall be kept confidential but may be made available to appropriate staff so that they can be aware of any health conditions, allergies or injuries which could affect your choice of treatment when making your reservation.

9.3    If you think you may have a medical emergency, call your doctor or 911 immediately.

10.    CYBER SECURITY

10.1    We do not represent or warrant that the functions contained on the Application will be uninterrupted or error-free, that the defects will be corrected or that the Application or the servers or other assets that support the Application are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials on the Application in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Your sole and exclusive remedy for any dissatisfaction with the Application is to refrain from using the Application.

10.2    In no event will we be liable to you for any direct, indirect, special or other consequential damages resulting from your use of our Services or the Application, including, without limitation, any lost profits, business interruption, loss of programs or other data, including personal data or otherwise even if we are expressly advised of the possibility of such damages. All information provided by us is on an "as is" basis only. We make no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability and non-infringement.

11.    PRIVACY POLICY

11.1    We have taken appropriate measures to protect your privacy. Authorized employees of The Well will use information collected from individual customers for our business purposes as allowed under the Cayman Islands Data Protection Law (“DPL”). Our policy is not to divulge any confidential information to third parties, unless we are required to do so in accordance with the terms of the DPL. For full details on how your personal information can be used, requested or disclosed, please refer to our DPL Policy.

12.    ELECTRONIC TRANSACTIONS

12.1    Pursuant to the terms of the Electronic Transactions Law 2000 of the Cayman Islands (the “ETL”), your acceptance of these Terms & Conditions through electronic means such as by clicking “I accept” on the Application or otherwise creates a binding contract and is deemed to be an electronic signature pursuant to the ETL and is enforceable on you as though you had signed in person. When you use the Application, you can enter into agreements and make purchases electronically. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Application, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. You may be asked to sign a waiver and release in person, but failure to do so does not avoid the application of these terms and conditions to you.

12.2    Minors and children are not allowed to register for an account or submit any personal information to us. By using the Application and/or by registering for an account, you warrant that you are 18 years of age or older. If you are accepting these Terms & Conditions on behalf of a minor (under 18 years of age) or a third party, you represent and warrant that: (i) you have full legal authority to bind the minor and/or the third party to these terms and conditions and (ii) you have read and understand this Agreement.

12.3    If you do not authorize the use of electronic records and signatures, you are not authorized to use our Services or the Application and you must discontinue use immediately.

12.4    You may have a legal right to receive certain information from us in writing pursuant to the DPL and you agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. You may have a legal right under the DPL to receive paper copies of certain notices or to withdraw your consent for us to use electronic records to provide you with information that is required by the DPL to be in writing. The Medical Director should be contacted to inquire about or exercise the rights you may have pursuant to the DPL.

13.    INTELLECTUAL PROPERTY

13.1    This website and its content is copyright © The Well Ltd. All rights reserved.

13.2    We grant you a limited license to access and use the Application for your personal use, and to copy, distribute and transmit the content of the Application only to the extent that such copying, distribution and transmission is automatically and incidentally done through the software or hardware you use to access or use the Application for your personal use.

13.3.    Any redistribution or reproduction of part or all of the contents of the Application in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit any content from the Application.

13.4    The name “The Well” and all variations thereof, our logo and any other trade-marks (the “Marks”) displayed on this website are the property of The Well, 69 Dr. Roy’s Drive, George Town, Grand Cayman, Cayman Islands. You are not permitted to download, copy, modify or use the Marks without our prior written consent. Posting our Marks and images from our Premises and other branded materials to social media such as Twitter, Instagram & Facebook is allowed provided that you acknowledge The Well as the source of the material.

13.5    We and our suppliers own the intellectual property rights in the Application. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with Application without our prior written consent.

14.    Photography Release

14.1    You acknowledge and agree that we may photograph and record you at any activity organized by or in conjunction with The Well be it at The Well’s premises or at an outside or social event and that we may publish and distribute these photographs and recordings on our Application and at the premises without further consent from you.

15    GIFT CARDS

15.1    Gift cards expire 5 years from the date of issue and are non-transferrable.

16.    ASSIGNMENT

16.1    These Terms & Conditions, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

17.    SEVERABILITY

17.1    Any waiver or failure to enforce any provision of the Terms & Condones on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of the Terms & Conditions is held to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

18    SCHEDULES ARE PART OF THIS AGREEMENT

18.1    Conditions specified as “conditions applicable to studio classes” or “conditions applicable to clinical services” are headings and are for convenience only and do not affect interpretation or applicability and are applicable to any Service provided at the Well.

19.    TERMINATION

19.1    You agree that we may ,in our sole discretion, terminate your account (or any part thereof) and/ or your use of the Services or the Application at any time and for any reason. You agree that any such actions may be effective without prior notice to you.

19.2    We may discontinue all or part of the Application at any time, in our sole discretion. We may block or limit your access to the Application, with or without notice to you, and without liability to you, if we determine that: (i) you have violated these Terms & Conditions; (ii) that you have violated any applicable law or regulation relating to your use of the Application; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to us or others.

20.    GOVERNING LAW

20.1    Your contract with us and your use of our Services and the Application, shall be governed by and construed in accordance with the laws of the Cayman Islands and the courts of the Cayman Islands shall have exclusive jurisdiction to resolve any disputes relating to the terms of this Agreement.

SCHEDULE I

CONDITIONS APPLICABLE TO STUDIO CLASSES

1.    PACKAGE PURCHASES AND CREDIT CARDS ON FILE

1.1    By purchasing a package from us, you agree to these Terms & Conditions in full. 

1.2    Some packages and Classes may be subject to additional terms ("Supplemental Terms"). Such Supplemental Terms will be presented to you for your acceptance before your use of the Service. The Supplemental Terms shall be governed by these Terms & Conditions and if any provision of the Supplemental Terms are inconsistent with these Terms & Conditions, the Supplemental Terms shall be determinative with respect to the relevant Class or package..

1.3    Packages and Classes are non-transferrable and cannot be shared between clients.

2.    UNLIMITED PACKAGES

2.1    Unlimited packages are purchased subject to the requirement to keep a valid card on file. If you hold an unlimited package and you are a no show or cancel a reservation late, you will be charged a no show/late cancellation fee in accordance with these Terms & Conditions. If you do not have a valid card on file, the package expiry date will be reduced by one day for each no show/late cancellation incident.

3.    PACKAGE EXPIRY

3.1    Packages may not be extended, transferred, refunded, shared, or frozen. The start date of standard packages is the package purchase date and the package will run concurrently with any other valid package, Special packages automatically freeze standard packages and unlimited packages activate the day after the prior package expires to provide a seamless booking experience. 

3.2    Packages expire at midnight Cayman time on the expiry date. All reservations must be used prior to a package expiry date.

4.    CANCELLATION, LATE ARRIVAL, AND NO SHOW

4.1    When you reserve a Class, we place a hold the specified class credit.

4.2    You may cancel a reservation without penalty by canceling online, via the mobile app, or by calling the studio no less than 12 hours before the scheduled class start time. Canceling in time will return the class credit to your account. If you cancel with less than the required notice, you will forfeit the specified class credit or, if you hold a monthly unlimited package, you will be charged $10. 

4.3    If you have not checked in 2 minutes prior to the start of the class you are considered a “no show” and your spot will be released to the waitlist. If you are a no show you will forfeit the specified class credit or, if you hold a monthly membership, you will be charged $10.

4.4    If you are running late, please call to let us know before the 2 minute cutoff so we can prepare for your arrival. If your reservation hasn’t been released to the waitlist, you may join the class up to 3 minutes after the start. If you arrive more than 3 minutes late you will not be allowed to join the class out of respect for the other customers.

5.    WAITLIST POLICY

5.1    You may add your name to the waitlist if a Class is full. If a place becomes available our system will automatically confirm your reservation and email you a confirmation notice. You are then considered a regular reservation and standard cancellation, late arrival, and no show policies apply. It is your sole responsibility to remove yourself from a waitlist if you are not prepared to attend the waitlisted Class.

6.    FREEZE PACKAGE

6.1    You may freeze your packages by logging into your account and following instructions. You are permitted to freeze your packages no more than two times per year for up to 30 days. The freeze will automatically expire on the date selected but you may reactivate your packages earlier by clicking the "reactivate package" button and following instructions.

6.2    A freeze will apply to all active packages and will automatically cancel any reservations for dates within the freeze period. While packages are frozen you will still be able to make a reservation for a date in the future when packages would be unfrozen. Freezing does not change the number of days remaining on a package. For example, if you freeze your package with 5 days left before expiry, you will have 5 days to use the package when the package is reactivated.

7.    NO REFUNDS OR TRANSFERS

7.1    All packages are non-refundable and non-transferrable. Other purchases are refundable at the discretion of The Well.

8.    CAYMAN RESIDENT TRIAL

8.1    A full time Cayman resident who has never participated in Classes at The Well before, and who is intending to make a long term commitment to attending The Well, may purchase one Cayman Resident Trial package.

9.    REHAB ROOM USE

9.1    The Rehab Room is open only during normal business hours. Business hours are subject to change and access is subject to availability. Appropriate attire and shoes are required for safe use of the equipment. The use of outside trainers, coaches, therapists and other practitioners at the facilities is strictly prohibited. Any services performed at the facilities must be provided by The Well staff and must be scheduled through our reservations system.

SCHEDULE II

CONDITIONS APPLICABLE TO CLINICAL SERVICES

1.    GENERAL

1.1    You will be assessed by and consult with a practitioner specialized as a physiotherapist, psychotherapist, chiropractor, acupuncturist or massage therapist (each a “Practitioner”) depending on the service you require, all of whom are registered with the Council for Professionals Aligned with Medicine (“CPAM”). 

1.2    You will be examined and treated in accordance with CPAM’s Code of Ethics and Standards of Practice. The Practitioner will explain their assessment of the presenting concerns and propose treatment if appropriate, explaining what is involved, including any risks. 

1.3    Your consultation and treatment will usually be on a one-to-one basis (unless otherwise agreed) and in the privacy of one of our luxurious treatment rooms.

1.4    Your appointment will be scheduled according to your needs and to the best of our ability and you may decline any of the treatments proposed, without prejudice.

1.5    Anyone may book an appointment on our website thewellcayman.com

2.    FEES FOR TREATMENT 

2.1    In the interest of full disclosure, and in accordance with the Cayman Islands Health Practice Commission guidelines, we will publish a fee schedule that will clearly describe the fees associated with every Service.

3.    PRIVATE INSURANCE CLAIMS

3.1    The Well is registered with the major insurance companies and we may be able to invoice these companies directly for the cost of Services. However, the primary and ultimate responsibility for settling your account lies with you and you will be required to meet any shortfall arising from any insurance claim. 

4.    CANCELLATION POLICY

4.1    Any appointment may be canceled at no cost if it is canceled more than 24 hours before the time of the appointment. You will be charged $50 if you cancel an appointment any time between 24 and 12 hours of the appointment time. You will be charged the full cost of the appointment if you cancel 12 hours or less from the appointment time. You will be charged the full cost of the appointment if you do not show up for your appointment.

4.2    You may cancel or re-schedule an appointment by logging into your account and updating the appointment time and/or date. Practitioners do not have any ability to provide refunds or reschedule appointments.

4.3    Late cancellation fees are self pay and cannot be charged to insurance.

5.    PAYMENT TERMS

5.1    Payment for private paying individuals must be made at time of booking.

5.2    Payment for all services covered under an insurance benefit must be made at the time of treatment. 

5.3    We will make a good faith attempt to verify your insurance benefits and to assess the copay due for your visit. On occasion insurance companies may only pay part of none of the benefit which has the effect of increasing the copay (the “Benefit Shortfall”). In such an event, you authorize The Well to charge your card for the Benefit Shortfall amount without further notice to you.

5.4    All insurance benefit information we provide to you is supplied by your insurance company (often verbally) as a courtesy and as a means to estimate your visit copay. Your insurance company has exclusive decision making authority with respect to the payment of such benefits which won’t be known until the claim is submitted to them for processing.  You acknowledge and agree that we are not responsible for any inaccurate information provided to you concerning your insurance or the Benefit Shortfall.

6.    INSURANCE & REGULATION

6.1    We confirm that The Well  holds appropriate medical malpractice insurance and that our Practitioners are regulated by CPAM.

7.    TERMINATION OF SERVICES

7.1    You are free to withdraw from treatment at any time without stating a reason subject to applicable late cancellation fees set out in section 7.

7.2    We reserve the right to terminate your treatment at any time without explanation.