Terms & Condition

 

In Express Recreation Management Ltd. trading as Waterfall Sports & Wellness, Golf Waterfall, Life Yoga and Dancing Fit (hereinafter refer to “WSW”)

Membership

1 Eligibility
1.1 Applicants for fitness membership must be 15 years old or over; applicants for yoga membership must be 12 years old or above (except for whom joining golf courses). For applicants under 18 years old, a guardian is also required to sign as consent on the membership application form. Persons aged 70 or above must either obtain medical approval from their certified doctors or sign a relevant declaration before becoming a member of WSW or using any equipment or services of WSW  or participating in any physical activities. Our management department reserves the right to accept or reject any application without notice.

2 Membership cards
2.1 Each member will be issued a membership card containing a photograph of the member, member’s name and membership number.
2.2 The membership card shall remain the property of WSW.
2.3 The membership card is non-transferable.
2.4 All members must exercise all due care and attention to prevent the loss of their membership card and misuse thereof by any third party.
2.5 Loss or damage of membership cards has to be reported immediately to WSW, a charge (according to WSW’s listing) shall be levied for the replacement of membership card.
2.6 Members are required to present their valid membership card at the reception each time they visit WSW. Otherwise, WSW reserves the right to refuse any persons to use any facilities or/ and services at WSW.

3 Termination
3.1 Subject to the contents of individual membership application forms, to terminate the membership, a member shall give WSW ,at least, one full calendar month’s prior written notice (the notice period shall be exclusive of any free membership period) and attend WSW in person to complete the termination procedure. For termination procedure completed on or after the 1st of any month, the effective date of termination is the last day of the next month. Membership is still valid on the effective date of termination. (E.g. for termination procedure completed on any date between the 1st to the 31st of March, both dates inclusive, membership will terminate on 30th April, and the membership is still valid on 30 April.) WSW will not accept termination of membership by members in any other manner.
3.2 WSW reserves the right to, without giving any reason, terminate or suspense any membership at any time by written notice without any refund or compensation.
3.3 Without prejudice to the foregoing, the Management may at its absolute discretion and without giving any reason or refund, suspend or terminate the membership of any member by giving written notice if:
3.3.1 The Management considers that such member has conducted him/herself in such a way which is injurious or prejudicial to the interests of WSW or which is objectionable or prejudicial to other users or staff of WSW;
3.3.2 The Management considers that such member or his/her guests are in breach of any of the provisions of the Rules and Regulations of WSW;
3.3.3 Such member defaults in punctual payment of his account; or
3.3.4 Such member is adjudicated bankrupt or makes a composition or arrangement with his/her creditors or analogous proceedings are instituted or taken against such member in any territory having jurisdiction over such member.
3.3.5 Maliciously ruin the prestige of WSC or any illegal behavior;
3.3.6 Such member has provided any invalid or counterfeit certification from the fact.

4 Closing down of WSW
4.1 Without prejudice to the foregoing, WSW reserves the right to cease business at any time and a refund of the net fee (all free membership or free services provided by WSW shall not be included in the calculation of such net fee), which would be calculated pro rata to the remaining validity of the membership or prepaid services, will be made within 3 months after presenting to WSW the official receipt issued by WSW. For this purpose, members are required to keep the receipts during the valid period. Should the Management considers necessary to temporarily close the premises of WSW for whatever reasons for a period of 7 days, the validity of the membership and prepaid services will be extended accordingly.

5 Personal Information Collection Statement
5.1 The personal data collected in the membership application form and the PAR-Q form will be used by WSW for purposes in relation to processing your application for membership and for purposes in relation to such membership and our facilities and services. These purposes include, but not limited to, managing your membership and collecting fees. The personal data that we have collected may be transferred to agents or third party service providers who provide administrative, telecommunication, computer or other services to WSW in connection with the above purposes. Under the Personal Data (Privacy) Ordinance, you have the right to request access to, and to request correction of, your personal data. If you wish to exercise these rights, please contact our membership officer (phone no.22714001).

6 Fees
6.1 The membership fee and the payment for any services is not refundable except as provided for above and does not entitle any member to any proprietary interest on WSW.
6.2 Membership fees and facilities charges shall be determined from time to time by WSW.

7 Change of address
7.1 Members are required to notify any change of address and telephone number within one week of such change to WSW.

General

1 Charges for facilities
1.1 All person must pay for using WSW facilities according to the charges information available at the reception, which would be adjusted from time to time.
1.2 WSW reserves the right to reject any suspicious credit card to pay for any charge.
1.3 Pay by credit card pleases firstly confirm the credit amount before payment.
2 Hours of operation
2.1 WSW will be opened from 7 a.m. to 11 p.m. to users seven days a week (except such public holidays that the Management may determine) at such hours of operation as the Management may in its absolute discretion decide.
2.2 Daily opening hour is separated to Peak hour and Non-peak hour.
2.2.1 Peak hours are the period from 5 p.m. to 11 p.m. on Monday to Friday (except public holiday) and from 7 a.m. to 6 p.m. on Saturday, Sunday and public holidays.
2.2.2 Non-peak hours are the period from 7 a.m. to 5 p.m. on Monday to Friday (except public holiday) and from 6 p.m. to 11 p.m. on Saturday, Sunday and public holidays.
2.3 The opening hours of the particular facilities will be displayed at the prominent position upon such premises.
2.4 Without any permit, user must not stay among the area of WSW during non-opening hours.

3 Liability
3.1 The use of the facilities, services, and equipment within WSW is undertaken at the user’s own risk.
3.2 WSW and its officers, directors and/or employees shall not be liable in any way whatsoever (whether by way of contract, tort, negligence, statutory, common WSW duty or otherwise) for any death, personal injury, health problem, loss and/or damage suffered by anyone, except for death and/or personal injury caused by the negligence of WSW, its officers, directors and/or employees.
3.3 WSW does not manufacture fitness or other equipment, but purchases/leases such equipment. WSW is providing recreational services and shall not be held liable for death, personal injury and/or losses caused by defective products.
3.4 The user shall indemnify WSW against any proceedings, actions, claims or demands whatsoever by any person for loss and/or damage caused by the user.

4 The Management
4.1 The Management reserves the right to:
4.1.1 Without any refund or compensation refuse to admit any person to the premises or to use any of the equipment, facilities or services if the person has previously failed to comply with the Rules and Regulations of WSW;
4.1.2 Expel from the premises without any refund or compensation the person who has violated the Rules and Regulations of WSW or whose conduct in the opinion of the Management is such that it may be injurious or prejudicial to the interests of WSW or objectionable or prejudicial to the interests of other users or staff of WSW;
4.1.3 Any person conduction him/herself in a disorderly manner or whose presence at WSW premises shall be considered by the Management to be objectionable to the interests of others or the staff of WSW is liable to be expelled from the premises.
4.1.4 Opening hours changing, close or suspend part or all of the services, facilities or equipment of WSW for reason related to repair maintenance, expansion, weather conditions, special events or for any reason whatsoever;
4.1.5 Hire out the premises or any part thereof to any member or other parties upon terms as it thinks fit;
4.1.6 Refuse to allow anyone to use any facility or service at any time without giving any reason and without any refund or compensation.
4.2 Management has the privilege to use the premises and facilities by its own, including activities holding or course rental of the premises and without advanced notice. Any decision made by WSW management will be the final.
4.3 WSW management has the right of the final decision for any of the above dispute.
5 Entering and departing from WSW
5.1 Exception to the golf guests, all members and guests should register at reception with the presentation of their membership card or guest pass before using any facilities or/ and services of WSW. The users are given a digital wristband, which is required to wear appropriately at WSW premises. WSW reserves the right to refuse any person to use any facilities or/ and services of WSW if any person fails to comply with it.
5.2 All members and guests should return the digital wristband  to reception before departing from WSW. Any loss or damage of digital wristband is subject to a penalty..

6 Towels
6.1 All members are entitled to have one towel when registering at reception (except specific membership or guest pass).
6.2 Extra towel rental service is available at reception; any rental is subject to a charge.
6.3 Users should return WSW’s towel to designated collection points properly. Member failed to return towels for 3 times, WSW have right to suspend providing towels for 1 month.

7 Dress
7.1 Users are required to wear appropriate exercise wear such as T-shirts and shorts, tracksuits, leotards and tights, together with appropriate footwear in all the exercise, weights and aerobics areas.

8 Conduct
8.1 Undressed or naked are prohibited at public areas of WSW except changing room, WSW has the right to expel the person who fails to comply with it.
8.2 Any person shall NOT use any skateboard, skates or sound instruments such as radios, transistors or tape recorders on the premises.
8.3 Any person shall NOT engage in illegal betting or gambling, drunkenness, bad language or other misconduct on the premises.
8.4 Any person shall NOT smoke or carry a lighted cigarette, cigar or pipe in any area of the indoor premises.
8.5 Eating is not allowed in any area of the indoor premise unless obtaining the prior consent from our Management.
8.6 Prohibit for eating or drinking with non-provided or non-sold by WSW.
8.7 Prohibit for selling or promotion of any product or service without consent from WSW.
8.8 User needs to keep clean of the premises.
8.9 Except for prior permit by our management, NO photo taking or video recording within the premises.

9 Noise
9.1 All persons shall respect the comfort of other persons using WSW premises and keep noise to a minimum level. In particular, no radios, tape recorders, record players or musical instruments may be brought into or used in WSW premises without the permission of WSW.

10 Gambling
10.1 No gambling of any description is permitted in WSW.

11 Pets
11.1 No pets may be brought into WSW.

12 Restricted areas
12.1 No person shall be permitted to enter into the electrical and mechanical, air conditioning plant rooms or other operational areas of WSW
12.2 Without any permit, no person shall enter into the logistics working area or administration area.

13 WSW’s property
13.1 No person shall remove any property from WSW. All persons are responsible for any damage caused by them to any WSW’s property.

14 Loss or theft of property
14.1 WSW shall not be responsible for any loss or theft of any article or property of any person whether they are left in any locker or elsewhere in WSW.

15 Unlock of lockers
15.1 Under circumstances deemed necessary at the discretion of the Management, WSW has the right to unlock any day or rental locker with the attendance of two delegated officials.
16 Lost property
16.1 Any articles of value found in WSW will be kept in the reception office. If any article is not claimed within one month, it may be disposed of and given to charity.

17 Complaints and suggestions
17.1 All suggestions and all complaints in respect of any matter concerning WSW or the behavior or conduct of any employee of WSW must be made in writing to WSW’s Manager. No employee of WSW shall be reprimanded by any person in any circumstance.

18 User’s risks
18.1 In this regard, WSW’s staff shall not be liable in any way whatsoever (whether by way of contract, tort, negligence, statutory, common WSW duty or otherwise) for any death, personal injury, health problem, loss and/or damage suffered by anyone, except for death and/or personal injury caused by the negligence of WSW’s staff.
18.1.1 Any user has behavior caused by any situation;
18.1.2 WSW’s staff may from time to time suggest workout techniques and/or repetitions, weight, etc. of workouts users choose to conduct;
18.1.3 Any person due to any sickness or unknown sickness causes accident or injury or leads to others of accident or injury in WSW;
18.2 Users should assume all risks of accident or injury connected with their participation in any activity within WSW. Users represent that they are in good health and suffer from no health restrictions that would adversely affect their decision to participate in any activity within WSW.
18.3 All person who are in any doubt as to their physical fitness or aged 70 or above should obtain medical clearance from their doctors or sign a relevant declaration before using any equipment or services of WSW or participating in any physical activities.
18.4 With infectious disease or non-recovered disease, or chronic disease, such as heart disease, diabetes, epilepsy, kidney disease patients, patients with severe liver disease, high or low blood pressure patients, behavior disorders, disorders and some of the patients with acute illness, and, cold or fever patients who are inappropriate to do physical exercise and activity, including using cold and hot massage pool, sauna, steam bath. All users need to get body assessment from certified doctors whether who is suitable or not to use WSW’s facilities or activities participation.
18.5 Children member or age under 15 use our WSW’s facilities, adults member should be responsible for their guidance and self-care. WSW has no responsibility for any incident for negligence.
18.6 All guests use the WSW area need to be guided by members, members need to take all responsibilities for their guests.

19 New member arrangement
19.1 New member will be arranged for preliminary exercise plan and physical assessment by our gym coach.

20 Coach
20.1  Except for our authorized group or coach, it is prohibited to be trained by others in WSC.

WSW Facilities

1 Gym
1.1 Members or guests must register at the reception and are required to wear wristbands before entering the Gymnasium.
1.2 Any persons under the age of 15 are not permitted to enter the fitness center unless participating the personal fitness training with WSW’s personal trainer.
1.3 Person who suffers from any infection or contagious diseases or skin condition may not use the fitness center.
1.4 All persons are to strictly adhere to any instructions displayed on or near any equipment located in WSW when using such equipment. Any malfunction of any equipment must be reported to the staff immediately.
1.5 All free weights, including dumbbells, must be replaced in their appropriate place after use. All person are requested to refrain from dropping weights after a lift.
1.6 Always use the workout towel to clean up all workout areas after use. Users must keep this towel with them at all times while working out.
1.7 No oversized bags or other personal items should be kept on the workout floor. Please use lockers for storage of all personal items.
1.8 All users are required to wear proper fitness attire at all times. Users must wear a shirt that covers their chest area. No jeans (clothing with rivets), see through, torn or altered items of clothing are allowed. Undergarments must be worn with all workout attire including thongs, closed toed, rubber soled athletic shoes must be worn at all times. No black soled or other destructive shoes may be worn in the fitness center.
1.9 Smoking, eating and drinking is not allowed in the fitness center (except for pure water).
1.10 WSW will not tolerate the use of steroids or other illegal substances within WSW. Violation of this provision will result in immediate membership termination without review or refund.
1.11 Users with the tattoo should wear proper shirts or trousers to cover their tattoo.
1.12 All users MUST comply with all rules and regulations at any time in our Club. Any breach of rules, disturbance or endanger of others, WSW staff has the right to dissuade and absolute right to terminate of using gym facilities.
1.13 Persons with insufficient sleeping are suggested not to use our fitness center.
1.14 Coaching must be arranged with coaches approved or appointed by WSW.
1.15 WSW reserves all rights to cancel or suspend any group exercise class or physical activity without giving any reason.

2 Golf
2.1 All users have to register at the Reception Office and pay for usage in advance.
2.2 Registered users must display the receipts on the driving bay for identification.
2.3 WSW reserves the right to refuse user’s registration for whatever reasons.
2.4 Users have the privilege to make reservation up to seven days in advance in person or by phone.
2.5 Booking is done on a first-come-first-served basis and may only be in the name of the user who will be using the practice bay.
2.6 Each user can book only one bay for 1 hour in maximum (except for non-peak period).
2.7 Cancellation is accepted for up to 24 hours prior to the session booked.
2.8 Reserved practice bay has to be registered by the named user at last 10 minutes prior to the session. If the bay is not occupied after 5 minutes of commencement, if may be allocated to and the person waiting to play.
2.9 Persistent failure by users to use the bay booked may result in booking by such users being refused.
2.10 One user is allowed per bay as designated by WSW.
2.11 Coaching must be arranged with coaches approved or appointed by WSW.
2.12 Only user practicing equipment and golf aid is allowed in the practice areas.
2.13 Smoking, eating, and drinking are not allowed in the Driving Range.
2.14 Golf facilities are available on a first-come-first-served basis.
2.15 Users should not cause noise, nuisance in the practice areas.
2.16 Facilities are made available to users for the purpose of practicing golf and must be used at the user’s own risk.
2.17 Users must remain within the designated practice bays and not trespass upon any other bay.
2.18 WSW will not be responsible for:
2.18.1 Any loss or damage to any items stored in the rented locker.
2.18.2 Any loss or damage to clothing and personal belongings.
2.19 Any person endangering others, causing nuisance or inconvenience, damaging property and equipment may be expelled from WSW at the sole discretion of the Management and the Management reserves the right to cancel the use of his/her Membership without any refund.
2.20 Children below age 12 should be under parental or coach guidance when using the facilities of WSW.
2.21 All Users are required to prepare their own golf ball if using Chipping and Putting Area. WSW staffs reserve all rights to dissuade even forbid any persons to use related facilities from using the golf ball of WSW.
2.22 WSW reserves all rights to cancel or suspend any training class or activity without giving any reason.

3 Life Yoga
3.1 All users are required to check-in at the reception of WSW before check-in at Life Yoga.
3.2 Hot Yoga should not be suitable for persons suffering from heart disease, diabetes, epilepsy, kidney disease, serve liver disease, hypertension and acute diseases such as flu and fever. WSW will not be responsible and liable for any accidents or consequence if users join the class with these diseases.
3.3 Users should not join Hot Yoga if pregnant.
3.4 Users should inform the yoga instructor if users have any disease, uncomfortable or period.
3.5 Children below 12 are recommended to join our special class approved by WSW.
3.6 Life Yoga for children: Children under 15 years old should be accompanied by his/her agent or, at least, one specified adult to attend Life Yoga classes apart from his/her guardian. Besides, they are not recommended to take any hot yoga class.
3.7 Yoga is the best enjoyed on an empty stomach, so eat lightly or not at all for 2-3 hours. Users should inform the yoga instructor if users have any disease, uncomfortable or period.
3.8 Users should arrive at least 15 minutes before the class. Once class starts, you will not be allowed to join the class.
3.9 Users should take off the shoes and socks before entering the classroom.
3.10 Users should not take the mobile phone and any belonging into the classroom.
3.11 Smoking, eating and drinking is not allowed in the classroom.
3.12 Users should keep silence and should not come in and go out from the classroom without instructor’s approval.
3.13 Users should keep the classroom clean.
3.14 Users should make any booking reservation under regular procedure; the class schedule will be finally announced by WSW.
3.15 The infrared thermosetting system should be controlled by the teacher or WSW’s staff.
3.16 Life Yoga is authorized by WSW to revise, change any rules and procedures of yoga class and reservation without prior notice.
3.17 Any advance booking for the yoga class can be made 2 days in advance. The number of class capacity and online booking allowed maybe inconsistent depending on the categories of classes.
3.18 Users should provide the following information for advance online booking: membership number, password, and the class selected. After choosing the bookings please enter ‘Submit’.
3.19 The class will open for users 10 minutes before the class. Therefore, users with reservation should arrive 15 minutes before the class.
3.20 Users should make prior notice to Life Yoga for the cancellation of any reservation on the web-site at least 4 hours before the class. Users with 3 absence record with reservation in a month can result in the suspension of class advance booking privilege for 30 days.
3.21 WSW reserves all rights to cancel or suspend any yoga class or activity without giving any reason.
3.22 Coaching must be arranged with coaches approved or appointed by WSW.

4 Dancing Fit
4.1 All users are required to check-in at the reception of WSW before check-in at Dancing Fit.
4.2 Children below 12 are recommended to join our special class approved by WSW.
4.3 Guardian or one adult should accompany to join the classes if member is below 16 years old.
4.4 Users should arrive at least 15 minutes before the class. Any person should not enter the classroom after the class commences.
4.5 Users should not take mobile phone and any belonging into the classroom.
4.6 Smoking, eating and drinking is not allowed in the classroom.
4.7 Users should keep silence and should not come in and go out from the classroom without instructor’s approval.
4.8 Users should keep the classroom clean.
4.9 Users should make any booking reservation under regular procedure; the class schedule will be finally announced by WSW.
4.10 Dancing Fit is authorized by WSW to revise, change any rules and procedures of the class and reservation without prior notice.
4.11 Any advance booking for the class can be made 2 days in advance. The number of class capacity and online booking allowed maybe inconsistent depending on the categories of classes.
4.12 Users should provide the following information while advance online booking: membership number, password and the class selected. After choosing the bookings please enter ‘Submit’.
4.13 The class will open for users 10 minutes before the class. Therefore, users with reservation should arrive 15 minutes before the class.
4.14 Users should make prior notice to Dancing Fit for the cancellation of any reservation on the web-site at least 4 hours before the class. Users with 3 absence record with reservation in a month can result in the suspension of class advance booking privilege for 30 days.
4.15 WSW reserves all rights to cancel or suspend any class or activity without giving any reason.
4.16 Coaching must be arranged with coaches approved or appointed by WSW.

5 Tennis Courts
5.1 Courts must be booked through the reception in person within 7 days in advance and register before using the tennis court.
5.2 Bookings may be canceled without penalty provided that at least 24 hour’s notice is given.
5.3 Each user may only make one booking for 1 hour per day (except for instant booking).
5.4 Bookings may only be made in the name of the user who actually uses the court.
5.5 Persistent failure by users to use courts booked may result in bookings by such users being refused.
5.6 All users are required to be dressed appropriately for tennis and wear non-marking tennis shoes.
5.7 Coaching must be arranged with coaches approved or appointed by WSW.
5.8 Smoking, eating, and drinking are not allowed in the courts.
5.9 Lighting charge will be payable for court bookings after 6 p.m. at the discretion of WSW.
5.10 If a court is not occupied within 10 minutes of commencement of the period for which it has been booked, the court may be allocated to any user waiting to play.
5.11 The courts may be closed by WSW at any time in order for repairs or maintenance to be carried out without advance notice.
5.12 All charges are non-refundable. Any reason for suspension will not be accepted unless due to rain or other inclement weather judged by WSW.
5.13 WSW reserves the right to reschedule or cancel any reservations due to rain or other inclement weather judged by WSW. Users can make a booking for the next 30 single days with a presentation of valid receipts.
6 Changing Room and Washroom
6.1 Digital Daily locker
6.1.1 Users should take care of their belongings. WSW does not provide safe box services to users.
6.1.2 WSW will not be responsible for:
6.1.2.1 Any loss or damage to any items stored in the rented locker.
6.1.2.2 Any loss or damage to clothing and personal belongings.
6.1.3 Daily lockers are available in the changing rooms. It is advisable not to store items of significant value in the lockers.
6.1.4 Users bear full risk and responsibility for any and all loss or stolen items. Locks left overnight are subject to forced removal. Non-identifiable items found in such lockers will be kept for 14 days and disposed of or given to charity. WSW has no responsibility for it.
6.1.5 Locker will be allocated on the first-come-first-served basis.
6.1.6 Any user who takes WSW to damages any of WSW’s lockers at changing room shall be liable to pay a sum to WSW equal to the replacement cost or repair of those facilities.
6.1.7 For property safety reason, members cannot swap the waist bands.
6.1.8 All users are responsible for any damage caused to the locker.

6.2 General indications
6.2.1 Children over 1-meter height or aged 5 or above should not enter the changing room and washroom of the opposite gender.
6.2.2 Hair dryer is provided for the purpose of drying hair on head only, NOT to use for any other purposes.
6.2.3 Users should use WSW’s towel properly. Placing on the floor or cleaning personal belongings (shoes, slippers, etc) is objectionable.
6.2.4 Users should return WSW’s towel to designated collection points properly. Any suspected thievery found will be reported to police for prosecution.
6.2.5 Users should not overuse the articles (e.g. paper, tissue, cotton tip, etc.) and water.
6.3 Sauna and Steam
6.3.1 All users should comply with the rules displaying on the door or the prominent position upon such facilities.

7 WSW Property
7.1 No user shall take WSW or permit to be taken WSW from the premises or damage of destroying any property belonging to WSW
7.2 Any user who takes WSW to damages any of WSW’s property shall be liable to pay a sum to WSW equal to the replacement cost or repair of that property.

Miscellaneous

1 Decisions of WSW
1.1 Decisions of WSW on the interpretation of these Rules and Regulations, the application form for membership and on any matter affecting WSW, whether or not provided by these Rules and Regulations, shall be final and binding on the users.

2 Amendment of Rules and Regulations
2.1 WSW has the right to alter, amend, add to, vary or replace the terms of these Rules and Regulations at any time. The new version of the Rules and Regulations shall become effective immediately after the same is posted up at the premise of WSW.

3 Notice
3.1 WSW may give any notice on any means it considers sufficient, including without limitation, by post or by posting up a notice at the premises of WSW.  Notice shall be deemed to have been received by us under the following situations:
3.1.1 If the notice is sent by post, 24 hours after the notice is sent;
3.1.2 If the notice is posted up on the premises of AW, immediately after the notice is so posted up.
3.1.3 All users should comply with all notices, instruction, guideline, rules and regulations posting in WSW.

4 Definition and Interpretation:
4.1 Words importing the singular number shall include the plural number and vice versa, and words importing the masculine, feminine or neuter genders shall include the others of them.
4.2 In these Rules and Regulations, unless the context otherwise requires,
4.2.1 “WSW” means In Express Recreation Management Ltd trading as Waterfall Sports & Wellness, Golf Waterfall, Life Yoga and Dancing Fit.
4.2.2 “the Management” means the management of WSW.
4.2.3 “users” include members, their guests, casual visitors and customers.
4.3 All above rules and regulations apply to all users.

If there is any conflict between the English version and the Chinese version of (1) these Rules and Regulations and (2) the terms of the application form for membership, the English version shall prevail.