TERMS AND CONDITIONS
NOT A GYM COMPANY CONTRACT RULES
1) Terms and Conditions
The following terms and conditions (the "Rules") govern the rights and obligations of Not A Gym Company Limited and you.
2) The Gym Facilities and Studios (Centre)
The Centre is operated by Not A Gym Company Limited (the "Company") whose principal objective is to provide health and leisure lessons within the Centre. The Company has appointed a Management team (the "Management") which is responsible for the operation of the Centre in accordance with the Rules, as the same may be amended from time to time.
3) Enrollment of Services / Service Plan
a) Enrollment and continued tenure is subject to the Rules as are from time to time in force and which may be amended by the Management at any time at its discretion.
b) Individuals who are at least thirteen (13) years old may apply for enrollment. Applicants must complete the application form and other documents as may be required by the Management. In addition to the documents mentioned in the immediately preceding sentence, it is mandatory for applicants who are below eighteen (18) years old to obtain the Parental/Guardian consent portion duly signed by their parents/guardian.
c) The Management reserves the right to reject an application for enrollment to the Centre for any reason whatsoever or without assigning any reason therefore.
d) Your enrollment is personal to you and is non-assignable, non-transferable and non-refundable. The Company may assign the benefit of these agreements to any persons, firm or company at any time without notice to you.
e) All plans are prepaid contract of an accumulated period of 10 days per subscribed lesson. The prepaid are for the period or other terms duration is not refundable under any circumstances.
f) Not A Gym Company Services Agreement Fees
i) You shall pay a Joining Fee of the sum specified. The amount of Joining Fee are subject to change without prior notice.
ii) Package prices may be changed at any time without further notice. The Management reserves the right to introduce and vary the prices and categories of Packages from time to time.
g) Seven (7) days money back guarantee
i) If you are a First time new joiner, then you may apply for a "Seven (7) days Money Back Guarantee" within the first seven (7) days from the date of Joining.
ii) An Initial Joining Fee are non-refundable at any reason whatsoever.
iii) The same payment method when this Service Agreement is made between you and Not A Gym Company will be used when making the refund.
iv) If a non-cash payment method is used when making the refund, an administrative fee of 3% of the transaction value will be charged.
4) Limitation Liability
In consideration for Management accepting your enrollment application for a Not A Gym Company Services Agreement, you agree that:
a) Neither the Company, the Management, the Centre nor any of its/their employees or business, actions or legal proceedings due to death, injury, loss, damage or theft to a person or property arising out of, or in connection with, your use of any of the services, facilities of the Centre (save in respect of death or personal injury arising out of the negligence of the Company, the Management, the Centre or their staff employed to supervise the Centre). You hereby hold the Company, the Management, the Centre, any of its/their employees harmless from all claims which may be brought against them by or on your behalf for any such injuries or claims as aforesaid and all costs and expenses incidental thereto.
b) Any Guest of yours or a temporary visitor to the Centre agrees to abide by the Rules and subject to the same limitation of liability as you are bound by.
5) Your Physical Condition and Safety
a) You warrant and represent 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. You further represent that you suffer from no physical impairment which would prevent your use of Centre facilities or adversely affects your decision to participate in any activity at the Centre.
b) You agree not to use any Centre facilities whilst suffering from any infections or contagious illness, disease or other ailment including (without limitation) open cuts, abrasions, open sores or minor infection, where there is a risk that such use may be detrimental to the health, safety comfort or physical condition of the other users.
c) The Management reserves the right to refuse use of the Centre facilities of any one for safety, health and security reasons and you agree to hold the Company and the Centre free and harmless form any and all claims, damages or liability arising from such refusal.
d) The use of all Centre facilities is entirely at your own risk. Use of the specialist facilities within the Centre may result in harm to you, especially if you are not familiar with the proper use of particular facilities. You should not use any of the facilities if you are not sure as to the safe and proper use thereof.
6) Expulsion of the Centre User
The Management may terminate a Not A Gym Company Service Agreement of anyone:
a) Without notice and with immediate effect if the Centre User's conduct, whether or not of the such conduct is the subject of complaint by other Centre Users, is such that in the reasonable Opinion of the Management, it poses a threat to the security, safety or health of the other Centre Users, or its directors, officers, employees or agents, or may be injurious to the character, reputation, goodwill or interests of the Company, and/or the Centre.
b) Without notice and with immediate effect if the Centre User shall have committed any breach of the Rules as are from time to time in force.
c) Without notice and with immediate effect, if Management believes the Centre User is conducting Personal Training Services, a business or other services without formal consent of the Management.
d) Upon notice in writing, if the Company is of the opinion that the Centre User is not suitable or unfit for continued presence for the subscribed lessons. All decisions of the Management under this clause shall be final and binding. A Centre User whose contract is terminated by the Management shall forfeit all the privileges associated to the Centre User with immediate effect. As a consequence of such termination, the Centre User shall forfeit any and all amounts which have been paid to the Centre without right to claim for any refund, including the Joining Fee. The Centre reserves the right to exercise any and all remedies provided herein and under the law arising from a breach by any person Contracted to the Centre of the terms and conditions of the Rules.
7) Guests and Temporary Visitors
a) If you are introducing a Guest or a Temporary Visitor, you shall ensure that your Guest or Temporary Visitor have the permission by the Management. By so doing, your Guest or Temporary Visitor agrees to be bent by the Rules as well as restrictions, disclaimers and terms herein and in Management and upon such conditions as the Management may impose.
b) Guests and Temporary Visitors have the same contract privileges as the person who introduces them and who must accompany them, and will be subject to the same Rules and limitations of liability as the Centre User. The Centre User be held fully responsible for the conduct of his/her Guests or Temporary Visitors. It is also the responsibility of the Centre User to ensure that his/her Guests and Temporary Visitors complies with the Rules.
c) The Management reserves the right to exclude any Guest or Temporary Visitor from the Centre without giving any reason thereof. The Management reserves the right to charge any Guest or Temporary Visitor.
8) Dress Code
a) All Centre Users and Guests are required to wear proper gym attire when exercising. No torn clothing items are permitted. Closed toe, non-marking, rubber soled shoes are required at all times in the gymnasium and in the aerobics room. Centre Users should be considerate of others and wipe down equipment with a hand towel and not dominate specific equipment when the Centre is full.
b) The Centre shall inform Centre Users of other rules and regulations in using the facilities from time to time.
a) Private lockers are available for rental at the prevailing rental fee stipulated by the Management which may change from time to time. Locker rental fees must be paid in advance and not refundable under any circumstances. Rental lockers are not transferable.
b) Management accepts no responsibility for loss or damage to Centre Users for locker contents for any reason whatsoever. Both Daily and Rental Lockers should not be used for storage of valuable items.
c) The Centre User shall not (and shall not allow) any of the following prohibited items to be stored in Both Daily and Rental Lockers:
i) food or perishable goods;
ii) wine or spirits or alcohol or liquor of any nature, whether consumable or not consumable;
iii) dangerous drugs;
iv) birds, fish, animals or any other living creature;
v) flammable or combustible materials, solids or liquids, or substances which in contact with water, emit flammable gases, such as aerosol, gas, paint, petrol, oil or cleaning solvents, or saltpeter;
vi) gases,explosives, gunpowder, firearms, weapons, ammunition, lighters or matches;
vii) chemicals, biological agents, radioactive materials, batteries or portable chargers;
viii) toxic waste, asbestos, infectious substances or other materials of a potentially hazardous nature; ix) corrosive substances, oxidizing substances and organic peroxides;
x) any item which emits fumes, smells or odors;
xi) any item which emits any audible noise or vibration felt outside the locker;
xii) any illegal substances, illegal items or goods illegally obtained; and
xiii) any other hazardous or dangerous materials the storage of which is subject to control by law.
d) The Centre User shall be given a locker key upon the commencement of the locker rental. The locker key shall remain the property of the Centre and must be returned to Centre upon expiration of contract. The Centre User shall also remove all his/her personal belongings from the lockers upon the expiration of the locker rental.
e) The Centre User hereby authorizes Management to open and clean the locker of any and all of the Centre User belongings on the date immediately following the expiration of the locker rental.
f) The Management shall have the right to dispose of the Centre User belonging in any way it sees fit. In the event of the loss of the locker key, the Centre Users shall immediately notify the Centre thereof and the Centre shall issue a replacement locker key subject to the payment of fees.
g) Daily Lockers are provided for use whilst exercising and will be cleared daily once the Centre has closed for the day. Please be advised that the lockers provided are not security lockers- we therefore request that all valuable items be secured by you through means other than leaving it inside the locker.
h) Once we are closed, all daily lockers will be opened for cleaning. All items found will be placed on our lost and found section. An overnight storage fee will be incurred by you prior to the return of the item(s) found inside the daily locker. All items recovered must be properly identified by you prior to the item(s) subsequent release.
10) Provision of Personal Data
a) The Company recognizes the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
b) You understand, acknowledge and consent to the Company processing, collecting and using your personal data for the following purposes:
(1) processing, administering and managing your Not A Gym Company Service Agreement; (2) processing any transactions or payments made by you and to maintain payment records;
(3) contacting you or communicating with you via telephone call, text message, fax message, email and/or postal mail for the purposes of processing, administering and managing your Not A Gym Company Service Agreement;
(4) for publicity purposes and conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities in order to enhance the services we provide to you, where you have consented for the Company to do so;
(5) record-keeping purposes;
(6) responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;
(7) complying with any applicable law, regulation, legal process or government request; and
(8) storing, hosting and/or backing up (whether for disaster recovery or otherwise) your personal data, whether within or outside Hong Kong.
c) Your personal data may be used, disclosed, maintained, accessed, processed and/or transferred to the following third parties, whether sited in Hong Kong or outside of Hong Kong, for one or more of the purposes set out above:
(1) the Company's head office, affiliates and subsidiaries;
(2) any of the Company's agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to those third party service providers which have been engaged by the Company to: (i) to provide and maintain any IT equipment used to store and access your personal information; (ii) to operate the; or (iii) otherwise in connection with the provision of services to you;
(3) the Company's auditors and legal advisors;
(4) financial institutions, credit card companies and payment processors; and
(5) public and governmental/regulatory authorities, courts and other alternative dispute forums.
d) Data relating to Centre Users or guests may be used for processing services, collection of Dues, locker fees, service fees and other payments required under the Rules or used in connection with the operation of the Centre and any ancillary or related purpose thereto.
e) The Centre may provide and transfer such data to the Company or any member of the Company's Group, any agent, collection agency, contractor or person who provides administrative,
telecommunications, computer and other services to the Centre in connection with the operation of the Centre business.
f) As a Centre User, you have the right to request access to and correct your personal data held by the Centre in relation to you, upon payment of a reasonable processing fee, and you can make such requests to your Centre of enrolment.
g) If you have once accept to give us and use of your personal data, you may receive from us from time to time administrative news, direct marketing telephone calls, emails, SMS, direct mailings or other means, the same of which contain promotional materials. You may opt-out from receiving marketing communications at any time, free of charge, by:
Sending us a written request by:
i) Email to: email@example.com
ii) Updating your communication preferences at our front counter 11) Others
a) Lost property found on the Centre will be held by the Management for a period of three (3) months from discovery, 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.
b) The Management reserves the right to use and individual or group photographs of Centre Users and/or Guests for press or promotional purposes.
c) The Management reserves the right to adjust the hours or to close (all or any part thereof) of the Centre for the purpose of cleaning, decorating, repairs, maintenance, or for special private functions and holidays.
d) The Management shall endeavor to give reasonable notice of any lengthening or shortening of such hours or closure of the Centre.
e) Smoking is not permitted in the indoor area of the Centre.
f) Centre Users or Guests may not use the Centre while under the influence of alcohol, narcotics or other mood altering substances.
g) The failure of Management or the Company to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.
h) The Management may at its sole discretion amend, vary, delete or add to these Rules with immediate
i) These Rules shall be governed and constructed in accordance with the laws of the Special Administrative Region of Hong Kong.
j) You will be advised of any changes by notification on the official website of the Company.
k) At the discretion of the Management, a Chinese translation of some or all of the Rules may be prepared and published. In the event of any real or apparent conflict arising between the English and Chinese version of a Rule, the meaning of the English version shall prevail.