FITCLUB 24HR GYM MEMBERSHIP TERMS AND CONDITIONS
1. Terms & Conditions
The following terms and conditions govern the rights and obligations of FitClub and members thereof. They are to be construed in accordance with the laws of Malaysia and any disputes will be decided by the Malaysian court.
2. FitClub (“the Club”)
The Club is operated by Champion Pedigree Sdn. Bhd. (“the Company”) with a business address at 55, SS14/2, Subang Jaya, 47500 Selangor. The Club is located at Lot 2D, Jalan Sungai Burung 32/66, Seksyen 32 Bukit Rimau, 40460, Selangor. The Company has appointed a Management team (“the Management”) who are responsible for the operations of The Club.
3. Membership Terms
a) Membership is personal to the member and is non assignable, non-transferable and non-refundable. A member may not loan his/her door access card to be used by a third party. The Company may assign the benefit of these agreements to any person, firm or company at any time without notice to the member.
b) All new memberships and membership transfers are subject to the approval of the Management. The Management reserves the right to reject an application for membership to the Club for any reason whatsoever.
c) Upon acceptance, the member will be issued with a door access card (which shall remain the property of the Company) and his/her fingerprint will be registered. The member shall be entitled to all rights and privileges under the class of membership. If a door access card is lost or misplaced, the Management will issue a replacement card at a nominal charge.
d) Any member wishing to enter the club without a valid membership registration and card will only be admitted at the imposed fee, refer to Clause 10.
e) Membership categories are as follows:-
i. FIT 12 Membership (Normal Rate)
FIT 12 Membership is a month to month continuous membership plan with a minimum commitment of 12 full paying months and cannot be cancelled during this period except as outlined in Paragraphs 7(a). Thereafter the contract will continue to run on a month to month basis until cancelled in accordance with Paragraphs 7(b).
ii. FIT 6 Membership
FIT 6 Membership is a month to month continuous membership plan with a minimum commitment 6 full paying months. The contract will continue to run on a month to month basis until cancelled in accordance with Clause 7(b).
iii. FIT 3 Membership
FIT 3 Membership is a month to month continuous membership plan with a minimum commitment of 3 full paying months. The contract will continue to run on a month to month basis until cancelled in accordance with Clause 7(b).
iv. FITFamily Membership/FITBuddy Membership
FITFamily/FITBuddy Membership is a month to month continuous membership plan with a minimum commitment of 12 full paying months and cannot be cancelled during this period except as outlined in Paragraphs 7(a). Thereafter the contract will continue to run on a month to month basis until cancelled in accordance with Paragraphs 7(b). A maximum of 5 persons who are immediate family members qualify to sign up FITFamily. All members who opt for FITFamily/FITBuddy membership shall have the same billing date. In the event of first member ends his contract, the next member in the package will be responsible for the full fee.
v. Lump Sum Prepaid Term
Lump Sum Prepaid Term membership plan is available. Prepaid membership dues and freeze fees are non-refundable and non-transferable in any circumstances. The membership will automatically end at the end of the minimum term unless renewed.
f) Memberships are available to individuals who have attained a minimum age of 14 years old. A parent/guardian for any applicant below 18 and above 14 must sign on the agreement/paper contract as consent for the minor to join The Club and abide by the rules and regulation. Alternatively, the parent/guardian may produce a signed letter of consent to the Club.
g) Corporate client/s payment for monthly dues will be similar to that of an individual member on a contractual basis.
h) In the event of owing of more than 3 months, the contract is deemed expired and initiation fee will be charged upon joining of
Membership.
4. Membership Agreement/Contract Form.
FitClub Membership Application Form is a paper form contract. A paper form contract may be used at the discretion of FitClub. A copy of the signed Application Form (the Contract) will be scanned and attached to your membership maintenance file.
5. Membership Fees
a) All members shall pay an initial Joining Fee and Administration Fee (“Initial Fees” or “Start-Up Fees”) in the sum specified, which is non-refundable and shall become due immediately upon being accepted as a member. The Initial Fees are subject to change without notice.
b) The Start-up Fees, Membership Fees and Pre-paid Fees are not refundable upon termination for any reason whatsoever.
c) Monthly subscription fee are payable in advance through the autopay system and must be settled through the payment method you have chosen (i.e. credit card / bank direct debit arrangement) as indicated in the membership application form upon joining (or on a separate Action Form-whichever the most current).
d) Contract date will be similar to Joining Date on Membership Application Form.
e) Cash term is available for Lump Sum Prepayment only.
f) Failure to use or non-usage of The Club’s facilities does not eliminate the obligation to pay all subscriptions in a timely manner.
g) The credit card/bank direct debit authorization amount must be sufficient to cover at least three months subscription outstanding plus late payment fees. In the event the Form of Payment (“FOP”) chosen cannot be processed, you will be asked to make payments at the Club including a late payment fee, per outstanding month. For FITFamily membership, each member shall be charged late payment fee of RM30.00 respectively.
h) Please always update your billing details and contact information with the Club. FitClub may increase the frequency of billing runs at any time to collect the arrears.
i) The Management reserves the right to cancel any membership on which fees are unpaid for three months or more. Legal action will be taken to recover outstanding dues from the member.
j) Cancelled membership is considered lapse if no payment is made after 3 months. Any lapse in membership will require the member to re-join at the prevailing Initiation Fees.
k) Upgrade of membership category is possible with one month notice to the Club before expiry of existing membership plan. In this case, no Joining Fee will be collected from you but there will be a minimal administrative charges.
l) Membership Fee increase:
i. Price promise; FitClub agrees not to increase the Members’ Monthly Dues within their Minimum Contract Period (“MCP”).
ii. Thereafter FitClub reserves the right to increase prices of any existing membership option whether individual or under a corporate account, subject to giving 30-day notice to the Members by posting such notification in the club, or by whatever means is deemed appropriate at the time.
iii. If the membership fee is increased, you hereby authorize the Company to increase any autopay instruction on the FOP chosen that is indicated in the front of the membership application form upon joining (or on a separate Action Form-whichever is the most current) accordingly.
iv. Monthly membership dues payable under the Contract are inclusive of Goods & Service Tax (“GST”). If the rate at which GST is charged changes, then the fees payable under the Contract will increase or decrease by the amount by which GST increases or decreases. This increase or decrease will occur even if you are within your MCP.
6. Membership Time Freeze
a) Members may ‘freeze’ their membership by continuing to pay a prevailing freeze fee per month depending on your membership category. Freeze fee of RM70.00 per month is to be paid upfront. Supporting documents shall submit together with the Time Freeze application form.
b) A member must give notice to the Club by the 15th of the month prior to the first day of the freezing month. Back dating freeze is not allowed. Freeze request shall be processed by the Management. A written confirmation shall be issued by the Club to inform the freeze period.
c) The freeze period must be for a period of not less than 1 month or for a maximum 2 months and the Member needs to be an active paying member for a minimum of 3 months after joining. Members are not able to request for another freeze period within 6 months from the last day of the freeze period.
d) The freeze period always starts on the 1st of the month and finishes on the last day of the month.
e) The freeze period does not count towards the minimum term. Freeze may not be used in respect of the notice period for termination of membership.
f) Your frozen membership will be reactivated to a full paying membership automatically upon the expiry of the frozen period.
g) Members who found using the facilities during freeze period have to pay the full rate monthly fees.
h) Membership time freeze is not applicable for all Personal Training product packages under clause 6 Membership Time Freeze.
7. Termination of Membership
a) Termination within MCP for Medical Reasons
i. You can only cancel your membership prior to the expiry of the MCP if you become subject to medical incapacity. For termination due to medical incapacity, you will be permitted to cancel your membership if you produce supporting documentation to our satisfaction (in case of medical reasons, by a qualified medical practitioner who is registered with the Malaysian Medical Council certifying you are permanently sick or incapacitated from undertaking any exercise regime for a period of 12 months or the remaining term of your membership, whichever is longer). In this case, you may choose to transfer your membership Contract to someone you introduce to the club and has not been a member of Fit Club for a minimum period of 3 months (relevant fees will apply). The person who takes over your membership will be charged on the most current membership rack rate. In this transfer case the departure fee will be waived. If you do not choose this option, a departure fee will be charged depending on the number of months left on the Contract as stated below in paragraphs 7(a) (ii).
ii. Termination ‘Departure Fee’ (this may be waived in special circumstances (e.g. bankruptcy): This fee upgrades your membership to FIT 12 category (in which would have been offered to you upon joining) to allow termination of your contract within the MCP and is only offered for the reasons outlined above. For the remaining time of: 1-4 months RM299, 5-7 months RM399, and 8 months onwards RM499 will be payable. The Management reserves the right at any time, to increase the termination ‘Departure Fee’ to be charged.
iii. 14 days advance termination notice is applicable in addition to the termination fee payment.
b) Termination On or After The MCP
i. Your door access card will be suspended if payments are not made on due dates.
ii. You must be aware that:
a. Termination request requires a 14-day notice prior to your next scheduled autopay date. Any short notice will not be able to stop your autopay schedule in a timely manner and hence you are required to pay for the monthly membership, for example:
Notice Received Date, Autopay date is on the 8th
b. You must walk into FitClub to request termination.
c. You shall receive a termination request form from the Club to acknowledge your request.
d. You are required to meet the Management in person before the application is processed.
e. All outstanding fees must be paid before the termination of your membership can be processed.
f. You cannot claim a Membership Time Freeze and skip the calendar month notice period. To be clear, a Membership Time Freeze is not available during your notice period.
g. Termination of membership that has been frozen/time-restricted shall be subjected to full original monthly dues for the notice period.
h. Where either of us terminates your membership, any fees that you have not paid (for example, if you had not paid for the previous months) will need to be paid or we may take action to recover the outstanding payments.
i. Your entry to The Club will be refused if payments are not updated.
j. As soon as the membership of FITFamily category terminates, the subsequent membership in FITFamily/1 shall be automatically upgraded to FITFamily category.
8. Physical Condition of Member
a) Our staff, agents and subcontractors are not medically qualified, so if you have any doubts about your fitness or capability to exercise, we strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for the correct usage of The Club’s facilities. If you are not sure how to use any equipment, always ask a member or staff.
b) You hereby warrants and represents that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition.
c) You shall not use any club facilities whilst suffering from any infections or contagious illness, disease or other ailments such as open cuts, abrasions, open sores or minor infection, where there is risk that such use may be detrimental to the health, safety, comfort or physical condition of other members.
d) You and your guests exercise and use the facilities at your own risk and are advised to consult their physician prior to commencing any type of physical exercise.
9. Expulsion of Members
The Management may terminate the membership of any member:
a) Without notice and with immediate effect if a member’s conduct, whether or not such conduct is the subject of a complaint by another member or members, is such that in the reasonable opinion of the Management, it is harmful to the character and/or interests of FitClub.
b) Without notice and with immediate effect if the member shall have committed any breach of these rules or on the Rules & Regulations of the Club as are from time to time in force.
c) If any monthly membership fees remain unpaid after the due date for payment.
d) Upon notice in writing, if the Company is of the opinion that the member is not a suitable individual for continued membership of the Club.
e) Without notice and with immediate effect if a member is found to have violated the privacy of any other member within the shower and changing rooms or are caught in lewd or compromising actions.
A member whose membership is terminated by the Management shall forfeit all the privileges of membership with immediate effect without claim or any refund of his/her initial Start-up-Fee or Monthly Membership Dues, other than monthly membership dues paid in advance. On termination of his/her membership, the member shall return forthwith his/her door access card and any other evidence or property of membership provided to that member by the club and shall settle any outstanding debts.
10. Per-Entry
a) Non registered member must complete a Per-entry form and pay the current entry fees.
b) Per-entry members will have the same membership privileges (except personal training) and must abide to the club rules and limitations of liability as a member.
c) Per-entry members are not allowed to join any on-going classes.
d) The management reserved the rights to adjust the per-entry fees without any notice.
11. Guests
a) Member introducing guests shall ensure that their guests complete a guest pass and pay the current guest fee for a guest pass.
b) A guest pass may be used only once and not for multiple entries.
c) Guests will have the same membership privileges (except personal training) as the member who introduces them and will be subject to the same club rules and limitations of liability as to the member. It is the responsibility of the member introducing the guest to ensure that their guest complies with the Club rules.
d) The Management reserves the right to exclude any guest from the Club without giving any reason for doing so and change the charges levied on guest passes from time to time.
12. Health and Safety
a) All members are encouraged to fix an appointment to undertake a fitness evaluation conducted by a Fitness Instructor before starting an exercise program.
b) Members should be considerate of other members and wipe down the equipment with a hand towel.
c) Fitness Instructors are authorized to stop anyone from exercising if he/she is considered exercising in a manner that may result in personal injury or/and injury to others. Users must abide by the instructions of the Fitness Instructor.
d) Smoking is not permitted in any part of the Club.
e) Members or guests may not use the facilities of the Club while under the influence of alcohol, narcotics or other mood altering substances.
13. Operation Hours
The Club’s normal hours of operation are indicated at the Club entrance. The Management reserves the right to adjust the hours for purpose of cleaning, decorating, repairs, special private functions and holidays. The Management shall endeavour to give reasonable notice of any changes in operation hours.
14. Dress Code
All members and guests are required to wear proper gym attire when exercising. A top is required that covers the chest area, no torn clothes are permitted including but not limited to jeans and Crocs shoes. Closed toe, non-marking, rubber-soled shoes are required at all times in the gymnasium and in the aerobics rooms.
15. Club Facilities
a) The Management accepts no responsibility for loss or damage to member’s contents kept in daily lockers for any reason whatsoever.
b) The use of mobile phones with camera features and/or any other types of visual recorders in changing rooms are strictly prohibited. Members breaching this rule will be handed over to the Authorities to be dealt with accordingly.
c) The Management may from time to time show potential members or others around the Club and allow them to use the Club facilities on a trial basis and reserves the right to do so.
d) Towel/ Locker/Door access card – A nominal fee is chargeable for any lost/ damaged towel/ locker/ door access card.
16. Provision of Personal Data.
a) We will use the contact details/data provided to contact you about your membership in relation to processing services, collection of dues, or arrears, service fees and other payment required under the Club Rules or in connection with the operation of the Club and any ancillary or related purpose thereto.
b) We may also contact you from time to time with information about fitness and wellness, promotions, special offers and other materials about FitClub services and products.
c) Your personal data will be retained by the Club while you remain as a member of FitClub. Standard operating procedure is to delete in 60 days upon termination/expiry of membership.
d) You may write into request for access/corrections/updates/limits the processing of your personal data. By submitting the completed Consent for Disclosure of Personal Data Form to us, you are given sufficient notice and choice as required under the Personal Data Protection Act (PDA) 2010.
17. Others
a) Soliciting and selling private personal training sessions or merchandises to any member are prohibited and shall result in immediate termination of the member concerned.
b) Daily lockers must be cleared daily. Unclaimed or lost properties will be kept by the club for a period of 1 month after which the Management reserves the right to dispose of the items in any way it sees fit. No claims shall be entertained after this period.
c) The Management reserves the right to use any individual or group photographs of members and or/guests for press or promotional purposes.
d) All members must abide by the rules of the Club which may be amended, varied, deleted and added from time to time at Management’s discretions.
e) Failure by the Management to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.
f) These Rules shall be governed and construed in accordance with the laws of Malaysia and subject to the jurisdiction of Malaysia.
g) All brandings, design, logos and Club interior follow FitClub brand manual. Any guests or members are not allowed to photograph or copy any club interior designs, promotional materials, tag lines, or theme.
h) FitClub reserves the right to proceed with legal action to any member caught distributing, sharing or supplying such contents to any third party vendor or competitor.
i) Any member that misuses the emergency button will be imposed with penalty fees.
j) Any member and guest who caused damages to the property, gym equipment, accessories and facilities of FitClub shall be responsible for the repair bill as ascertained by the Club.
18. Limitation of Liability
In consideration for the Management accepting his/her application for membership of the Club and for him/her becoming and remaining a member of the Club, the member agrees that:
a) FitClub accepts no responsibility for loss or damage on members or their guests’ properties or for the death or injuries sustained while on the premises. Members and their guests agree that no claims will be made against the Company, FitClub, the Management, or staff for any reason whatsoever.
b) FitClub, its associated companies, employees or agents shall not be responsible for any claims, demands, injuries, damages or actions for the negligence arising on account of death or due to injury, loss, damage or theft to a member’s person or property arising out of or in connection with the use by a member of any of the services, facilities on the premises of FitClub. The member hereby holds the Company, FitClub, its associated companies, employees and agents harmless from all claims which may be brought against them by or on a member’s behalf for any such injuries or claims aforesaid.
c) Any guest of a member or a temporary visitor to the Club shall agree to abide with the Club rules and the same limitation of liabilities for a member shall apply.
*The Management reserves the right to amend the Terms and Condition at any time without prior notice.