Membership Terms And Conditions
Introduction
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This is an Agreement between you (the Member), and Fuel Athletics (the gym), a company registered in Kuala Lumpur Malaysia. Our company registration number is (1032391-P).
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By completing the joining process at our website and becoming a Member of Fuel Athletics, you are accepting all the terms and conditions in this Membership Agreement.
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If you have any questions or any complaints, please contact us by telephoning us at 011-10057351 or by emailing us at info@fuelathletics.com.my
Starting your Membership
1. Our joining process is an online process. By completing the online joining process and becoming a member of the gym, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable).
2. The Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable Monthly Membership Amount.
3. You agree to comply with the gym's Membership Rules and you agree to use the gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.
4. Member must be at least 16 years of age.
5. You will be liable for any damage caused to our equipment or facilities through your negligent use.
6. You agree to tell us immediately of any changes to your personal details, including contact information.
Direct Debit Membership Terms & Conditions
i) Principal Terms
1. This agreement commences once you have indicated your acceptance in Declaration section of the web sign up process.
2. This agreement will become binding on you and us when your membership application has been confirmed, at which point a contract will come into existence between you and us.
3. You will be entitled to all the rights and privileges exercisable for the Membership chosen.
4. The membership is personal and cannot be shared. You cannot transfer your membership to anyone else.
5. You are not allowed to freeze your membership.
ii) Fees and Charges
1. The first month's membership fees will be prorated with the date of the sign. Deduction proses in 2 to 3 working days. These fees are not refundable under any circumstances.
2. Your second Direct Debit for monthly membership fees only will be collected on the 28th of the first month after you joined. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason, no refunds will be due.
3. If, despite us having notified you of a missed payment, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so.
iv) Termination
1. You may terminate your membership at any point by canceling your direct debit with your bank. Please call the gym for options available to you or for any further information.
2. In the above circumstances, your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.
3. We may terminate this agreement and cancel your membership with immediate effect on notice to you if you breach any of the Gym's Membership Rules. In this event, you will no longer be able to access any of our facilities and we will not give any refund.
4. If the member behaves in a way that breaches the code of conduct, interferes or disturbs other members or staff, or that the management considers inappropriate, the membership can be suspended or terminated at management's sole discretion.
5. We may assign the benefit of this Agreement and our rights to a third party provided we give you notice and your rights under this Agreement will not be prejudiced.
General Terms and Conditions
i) Miscellaneous Terms
1. Members must be 16 or older.
2. You agree to comply with the Rules of Membership which are displayed prominently in the gym and relate to opening hours, use of facilities, and your conduct. We may make reasonable changes to these Rules at any time provided that we give you advance notice of the change.
3. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us from enforcing the terms of this agreement strictly at a future date.
4. We may assign the benefit of this agreement and our rights there under to a third party on notice to you. Your rights under this agreement will not be prejudiced.
5. There may be occasions where we have to close all, or part of, the gym of which you are a member. We will do our best to let you know of such closures in advance of them taking place unless the problem is urgent or an emergency. We will use all commercially reasonable endeavors to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
6. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that are caused by any event that is outside of our reasonable control.
7. We will not be liable or responsible for outstanding monies paid to a Personal Trainer.
8. As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described.
9. We may terminate this agreement with immediate effect by notifying you if you are in breach of the Rules.
10. To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being, or physical condition. Further, you will advise us immediately should your circumstances change.
ii) Code of Conduct
1. The Member shall respect the behavioral and operating principles and follow them on all occasions. This includes, but is not limited to:
a) Wearing appropriate and clean clothes and shoes.
b) Using a towel at every workout and leaving machines and surfaces clean after usage.
c) Behaving in a friendly and respectful manner towards the other members in the gym as well as the staff.
iii) Lockers
1. Lockers are available for Members while working out in the facility. Each Member needs to empty the locker when leaving the facility. Staff members will open empty lockers if the member is not in the facility. The gym does not take responsibility for the loss or theft of any personal belongings, even if locked in a locker.
iv) Health
1. The Member confirms that he/she does not suffer from health problems that would hinder exercise or prevent him/her from engaging in exercise, or that would be detrimental or averse to the Member's health, safety, or physical condition if he/she did exercise. In case of any doubt, the Member shall seek advice from a medical doctor who should confirm the ability to exercise. The gym shall have no obligation to perform a fitness assessment or similar testing to determine the Member's physical condition. If an assessment is done at the gym, it is for the sole purpose of compiling comparative data in order to track the Member's progress in a program and not for diagnostic purposes.
v) Liability
1. Each Member of the gym shall be liable for any property damage and/or personal injury caused by the Member at the premises. It shall be the obligation of the Member to pay for any costs involved upon presentation of a statement thereof.
vi) Waiver of Liability
1. Any and all use of the gym shall be at Member's own risk at all times. The Member shall not utilize the machines unless he/she knows the correct usage of the training device. The gym shall not be liable for any injuries, physical impact, or damages to the Member, or the property of the Member, or be subject to any claim arising out of the use of the premises and/or of the machines made available to the users.
Your Personal Information
1. We will use the personal information you provide to us to:
(a) Provide your membership services;
(b) Process your membership payment; and
(c) Inform you about relevant products or services from the gym or carefully selected third parties.
2. We will not give your personal data to any third party and you will only receive communications directly from the gym.
Additional Services
1. Personal Training Sessions and "additional services" do not form part of this Agreement.
2. Any "additional services" (including, for example, Personal Training Sessions, Sports Therapy and Massage Therapy), which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for "additional services", you are entering into an agreement with those individuals and not with us.
3. We do not accept any liability for any losses, damage, personal injury, or other loss caused by any negligent act or omission of those providing the "additional services" which are specifically excluded from the Membership Agreement and we do not accept any responsibility for the same save where precluded by law.
4. We may provide induction services or personal reviews of your training needs. Such services are provided without additional charge.
Other Clauses
1. Only you, the person named in the online joining process, can benefit from this Agreement.
2. Fuel Athletics, its parent companies, its agents, employees, and subcontractors are not liable for any loss, damage, or theft of any of the property that you bring onto any of our premises. If such loss, damage, or theft is caused by the negligent acts or omissions of the gym or its agents, employees, or subcontractors, our liability to you will be limited to RM250.
3. We may make reasonable changes to the Gym Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.
4. Photos and videos will be taken on the premises for our marketing and social media use and will be the property of Active Fuel Athletics Sdn Bhd.
I, agree to participate in one or more physical fitness program (s) / class (es) sponsored at Fuel Athletics, which may include, but not necessarily be limited to foundations, strength training of any kind by any affiliate,. Fuel Athletics have made me fully aware that the fitness program / classes which Fuel Athletics offers and in which I desire to participate are of a nature and kind that are extremely strenuous and can/may push to the limits of my physical abilities. I the undersigned recognize and understand that the programs/classes are not without varying degrees of risk; which may include, but are not limited to the following:
Injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me. I am aware that any of these above mentioned risks may result in serious injury or death to me and / or my partner(s).
I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in Fuel Athletics programs / classes and accept full responsibility for any injury or death that may result from participation in any activity, class or physical fitness program. I herby certify that I know of no medical problems that would increase my risk of illness and injury as a result of participation in a fitness program designed by Fuel Athletics . Fuel Athletics informed me that there exists the possibility of adverse physical changes during an exercise program, and I fully understand the same. Fuel Athletics informed me that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death, and I fully understand the same. With my full understanding of the above information, I agree to assume any and all risk associated with my participation in Fuel Athletics programs / classes.
Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in any physical training regimen. These risks include but are not limited to falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment.
Injury may also result simply from the fact of physical training itself. By its very nature, physical training seeks to have me push beyond my limits in order to produce a physical adaptation of my body. This requires feedback from me my trainer regarding what is happening with my body.
Excessive work can result (in rare cases) in exertional rhabdomyolysis. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout. While this type of injury is relatively rare, it can occur due to a number of factors, including (but not limited to) genetic predisposition or dehydration, that may be beyond the control of my trainer.
I am aware that any of these above-mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while training with Fuel Athletics.
Waiver and Release of Liability-Part 2
Release: For other good and valuable consideration, the receipt whereof in full is hereby acknowledged, I, my heirs, assigns, administrators and representatives, do hereby completely and fully release, remise, acquit, and discharge forever Fuel Athletics, and their respective successors and assigns, officers, directors, partners, employees, agents, servants, employees, affiliates, parent organizations, and insurers, from any and all claims, demands, actions, causes of action, rights to action, suits, damages, expenses, compensation and liability of every kind, character and description, either direct or consequential, at law or in equity, which any party hereto may now have or may have had at any time heretofore, or may have at any time hereafter, or arising from, resulting from, or in any manner growing out of or incidental to any and all matters related to my participation and membership in Fuel Athletics, including those allegedly attributed to any negligent acts or omissions of said parties.
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with Fuel Athletics to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered by Fuel Athletics. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Fuel Athletics, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Fuel Athletics.
Photo/Video Release: I hereby grant Fuel Athletics permission to use my photograph/video image in any and all publications for c, including website entries, without payment or any other consideration in perpetuity. I hereby authorize Fuel Athletics to edit, alter, copy, exhibit, publish or distribute all photos and images. I waive the right to inspect or approve the finished product, including a written or electronic copy, wherein my photo appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph or video images.
I hereby hold harmless and release and forever discharge Fuel Athletics from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate which may have or may have by reason of this authorization.
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