Terms of Service

By accessing the SAMARTH digital infrastructure, booking a live session, or executing any financial transaction for our training services, you enter into a legally binding agreement governed by these comprehensive Terms of Service. If you do not accept every provision detailed within this document, you are strictly prohibited from accessing or utilizing the services.

1. Operational Scope and Description of Services

SAMARTH provides synchronous, real-time tele-fitness instruction delivered via digital conferencing platforms. The scope of our services is strictly limited to the following operational parameters:

• Service Delivery Models: We facilitate both private 1-on-1 coaching sessions and multi-participant online group classes.
• Real-Time Monitoring Only: Biomechanical evaluation, form correction, and coaching feedback occur exclusively in real-time during the active, live video broadcast.
• Prohibition of Asynchronous Video Submission: We explicitly do not solicit, accept, review, or store pre-recorded video submissions from clients for movement analysis outside of the scheduled live sessions. Any media sent to our communication channels will be immediately deleted unviewed.

2. Client Technical and Environmental Obligations

To facilitate effective real-time monitoring and ensure physical safety, clients must satisfy strict environmental and technical baselines during live sessions. Failure to meet these standards limits our operational capacity and shifts all associated risks entirely to the client.

• Technical Infrastructure: Clients are required to maintain a high-speed, stable internet connection and utilize a functioning webcam or device camera positioned to provide a clear, unobstructed, full-body view of their movement execution.
• Environmental Safety: Clients assume absolute responsibility for clearing their immediate physical environment of all tripping hazards, sharp objects, pets, and structural impediments prior to logging into the session.
• Visibility Standards: Clients must ensure adequate ambient or artificial lighting. If visual fidelity is compromised due to poor lighting or low bandwidth, SAMARTH instructors cannot accurately diagnose mechanical flaws and are legally absolved of any failure to correct dangerous movement patterns.

3. Absolute Medical Disclaimer and Assumption of Risk

The instruction provided during SAMARTH sessions involves intensive physical exertion, including cardiovascular conditioning, mobility drills, and resistance training. This inherently carries severe risks.

• No Medical or Clinical Advice: SAMARTH operates strictly as a fitness and movement consultancy. Our instructors are not licensed medical professionals, physical therapists, or clinical biomechanists. No statement, cue, or protocol delivered during a session constitutes medical advice, clinical diagnosis, or rehabilitation instruction.
• Mandatory Medical Clearance: You are strictly obligated to consult with a licensed physician and obtain documented medical clearance before participating in any SAMARTH live session, particularly if you possess pre-existing structural injuries, cardiovascular conditions, or metabolic disorders.
• Inherent Risk of Injury: Participation carries the explicit risk of acute or chronic physical injury, including but not limited to musculoskeletal trauma, cardiovascular failure, or death. By participating, you voluntarily assume 100% of these risks.
• Total Release of Liability: You fully, completely, and irrevocably release SAMARTH, its instructors, affiliates, and legal entities from any and all liability, claims, demands, or causes of action arising from personal injury, property damage, or death sustained as a direct or indirect result of participating in our live classes or executing movements learned from our instruction.

4. Media, Recording, and Privacy Protocols

Due to the live nature of the service and the involvement of multiple participants in group settings, strict digital privacy protocols are enforced.

• Zero Recording Policy: Clients are strictly prohibited from utilizing screen recording software, secondary cameras, or audio capture devices to record any portion of a 1-on-1 or group live session.
• No Institutional Capture: SAMARTH does not record, archive, or store the video or audio feeds of live sessions for later review. Monitoring is transient and ceases the moment the session disconnects.
• Intellectual Property Protection: All verbal cues, visual demonstrations, proprietary sequencing, and programming methodology delivered during the live sessions remain the exclusive intellectual property of SAMARTH. Clients are granted a limited, non-transferable license to execute the movements for personal use only and are expressly forbidden from replicating or distributing the methodology for commercial gain.

5. Scheduling, Billing, and Financial Logistics

All financial interactions are governed by absolute policies to maintain operational efficiency.

• Currency and Processing: All service fees are assessed in USD and must be remitted prior to the commencement of any live session. Transactions are executed exclusively through authorized third-party gateways (e.g., Wise, PayPal).
• Strict No-Refund Policy: Due to the real-time, unrecoverable nature of live coaching, all purchases are final. No refunds, partial prorations, or retroactive credits will be issued under any circumstances, including technical failures on the client's end.
• Attendance and Forfeiture Protocol: For 1-on-1 sessions, clients who fail to enter the digital meeting room within 10 minutes of the scheduled commencement time will be classified as a "No-Show." The session will be immediately terminated, and the financial credit for that session is permanently forfeited.

6. Code of Conduct and Session Termination

SAMARTH maintains absolute authority over the digital environment to ensure the safety and focus of all participants, particularly in group class settings.

• Behavioral Standards: Any client exhibiting disruptive behavior, utilizing hate speech, displaying inappropriate or revealing attire, or engaging in harassment toward the instructor or other group participants will be immediately permanently ejected from the session.
• No Recourse: Ejection due to a violation of the Code of Conduct results in the immediate forfeiture of the session fee and a permanent ban from the SAMARTH infrastructure, with no right to appeal or refund.

7. Indemnification and Limitation of Liability

Indemnification: You agree to indemnify, defend, and hold harmless SAMARTH and its operators from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from your violation of these Terms or your use of the live tele-fitness services.

Liability Cap: To the maximum extent permitted by applicable law, in no event shall SAMARTH's aggregate liability for any direct, indirect, incidental, special, or punitive damages exceed the total amount of fees remitted by you to SAMARTH during the thirty (30) days immediately preceding the event giving rise to the claim.

8. Governing Law and Jurisdiction

SAMARTH operates its digital infrastructure from India. These Terms of Service, and any non-contractual obligations arising out of or in connection with them, shall be governed by, construed, and enforced in accordance with the laws of India. You irrevocably consent that the competent courts located in Lucknow, Uttar Pradesh, India, shall possess exclusive jurisdiction to resolve any dispute, controversy, or claim arising out of or relating to your engagement with SAMARTH services.

9. Severability and Amendments

Severability: If any provision within this document is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the enforceability of the remaining provisions, which will remain in full force and effect.

Unilateral Modification: SAMARTH reserves the explicit right to amend, update, or overhaul these Terms of Service at any time without prior individual notification. Modifications take immediate effect upon publication to the digital platform. Your continued participation in live sessions following any update constitutes absolute acceptance of the revised terms.