MEMBERSHIP TERMS & CONDITIONS AT 9th GEAR FITNESS CLUB
The Membership Terms and Conditions mentioned herein shall form an integral part of the Membership Application & Agreement Form signed by the Member and shall be binding upon the Member.
- You must be a minimum age of 14 years to join a 9th GEAR FITNESS CLUB.
- You must complete the Physical Activity Readiness Questionnaire (PAR-Q) before you start using your membership and by completing the (PAR-Q) warrant to us that you have no known condition or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respect, if otherwise mentioned in the form.
- On entry into this Membership Agreement and every time you enter a Club during your membership, you warrant and represent to 9th GEAR FITNESS CLUB that you have no medical conditions known to you that would mean that you are capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to cancel your membership.
- Your membership allows you to access your Home Club in accordance with the type of membership option that you have selected at the time of enrollment.
- Your membership applies to you personally: you cannot lend, assign or transfer it to another person.
- We reserve right to restrict your entry to 9th GEAR FITNESS CLUB if deemed necessary and you shall not contest the same at any point in time.
- We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
- We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.
- We may assign the benefit of your Membership Agreement or the ownership of your Home Club to another operator, firm or company at any time without giving you notice.
- Management is not responsible for any kind of Injury or accident happened during exercise.
PAYMENT OF FEES
- By completing the application form and agreeing to be bound by these Terms and Conditions; you agree to pay all 9th GEAR FITNESS CLUB membership and other fees on time.
- In addition to the Membership fees, we may also charge fees for studio classes, personal training, locker rental, beauty therapy and any other services the Club may provide from time to time. The fees may vary between Clubs.
- Membership fees are due immediately and will be taken at the start of your membership and are non-refundable under any circumstances.
- Your membership fees are subject to periodic increases and we reserve the right to pass on any changes in the rate of taxes to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given few days-notice of any fee change. Membership dues for prepaid annual memberships will be reviewed only on renewal.
- All payments made are strictly non-refundable under any circumstances.
- Loss of any pre-paid cash card issue by the club will be member’s responsibility and management is not liable to refund the preloaded value in the card. There will be an additional fee for issuance of a new card.
- Failure in complying with the any pointers that fall in this section of PAYMENT OF FEES will result in immediate termination of your membership.
CANCELATIONS AND TERMINATION
- We may cancel your membership without notice if you commit a material breach of this agreement including, but not limited to, a breach of the Club Rules, abuse or threatening behavior or vandalism or other illegal activity and the Club shall not be liable for the refund of any of the Membership Dues or other payments made by the member.
- The Club reserves the right to terminate the membership of a Member at any time without any notice and any refund. Membership Dues in respect thereof inclusive of but limited to when a Member is found to be incapable of entering into any contractual obligation in accordance with The Indian Contract Act, 1872.
- We may also cancel your membership with immediate effect if:
a) You have breached any terms and conditions of this agreement; or membership fees or other charges remain unpaid 7 days after the due date and such a breach is not remedied by you within seven days, after being notified by us.
b) We may cancel your membership with immediate effect if the Club permanently ceases operation.
- Membership fees once paid will not be refunded in any case.
- Membership Subscription of the Member must be cleared in full.
- TRANSFER OF MEMBERSHIP Transfer of membership is not applicable.
- MEMBERSHIP FREEZE
a) To freeze MEMBERSHIP one must Contact the Club Management.
b) Minimum freeze period is one (1) month and maximum is two (2) months. If you choose to “Freeze” your membership, your membership will be extended by the number of day’s equivalent to the frozen period. Freeze can be applied only once.
c) You cannot use the club while your Membership is “Frozen”. Membership freeze application has to be filled 15days prior and signed duly by the Management and the Member.
- RIGHTS OF ADMISSION
a) 9th Gear Fitness Club reserves the right of admission to its premises.
b) 9th Gear Fitness Club reserves the right to refuse a Member, staff and/or visitor of 9th Gear Fitness Club access to its premises in the event that the member, staff, visitor does not adhere(including misconduct, complaints by other Members, sexual harassment, hygiene disease, etc.) to the 9th Gear Fitness Club Rules & Regulations.
c) 9th GEAR CLUB STRICLY RESTRICTS AND PROHIBITS ACTIVITIES LIKE SMOKING, DRINKING ALCOHOLIC BEVERAGES, DRUGS, OR ANY HAZARDOUS SUBSTANCES ETC in the club facility. The Club reserves its right to restrict the entry and terminate the membership of any Member without any notice if the Member is found to have consumed any alcohol, drugs or other illegal or intoxicating substance prior to entering the Club and/or within the Club and/or seen or caught bringing such substances to the Club. The decision of the Club Management will be final and binding in the matter, with no refund of membership Dues for any paid but unused services or remaining period of Membership.
d) No pets are allowed inside the premises.
e) CCTV SURVEILLANCE
i) In the interest of the safety and security of our staff, members and visitors, certain areas of the Clubs are covered under 24 hour CCTV surveillance.
FACILITIES AND SERVICES
- At 9th gear fitness club we have a biometric access system which requires you to scan a membership card in order to gain access to our Clubs. You must carry your membership card at all times.
- You must not share your membership card or permit its use by anybody else. Failure to comply will result in the cancellation of membership.
- You must not jump over the access control at any time for any reason. Failure to comply will result in the cancellation of membership.
- You acknowledge that to provide the highest standards of facilities, Club may need to close certain or all facilities temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, that this may disrupt the provision of services to you and agree that such disruption shall not amount to a breach of this agreement by us.
- Opening hours are subject to change and we will normally provide written notice where reasonably practicable.
- TOWEL SERVICE
a)Membership entitles you to have one bath towel and one hand towel per visit. Any extra usage will attract additional towel charge. Towel management rules specific to the club need to be adhered to. Towels are strictly supposed to be used within the premises.
- LOCKER USAGE
a) A Member is not permitted to keep his belongings in Lockers overnight as all these lockers shall be opened by the Club Management at the end of the day lockers are for day usage only, any articles or belongings found inside these Lockers shall be disposed off and/or destroyed by the Club Management after a holding period of three (3) calendar days.
b) The Club reserves the rights to check the locker of a Member without his permission for any restricted items being stored in the permanent locker. The Club shall not be liable for any theft of or damage to any belongings of the Members. Personal belongings may be placed in a locker by a Member at his own risk and sole responsibility releasing the Club from any liability towards any loss or damage incurred while the belongings were placed in lockers.
c)A permanent locker can be hired by a Member at the prevailing price for a fixed term after which the Member can renew the locker hire term by paying the then prevailing rates 5 days prior to term expiry, failing to which the Club shall retain the right to open/ vacate the locker. A Member can request for his/her belongings within Three (3) days of expiry of the locker rental term after which the Club has the rights to dispose the belongings.
d)LOST AND FOUND
1.Any items claimed to be forgotten or lost by the member during the course of their visit to the club shall not be the responsibility of the Club, nor will the member hold the club responsible or liable for the same.
2.If any lost items are found by the Club, the same shall be retained by the Club for a maximum period of (7) seven days only. If these items are not claimed within these (7) seven days, the Club retains the right to discard these items. The Club bears no responsibility or liability for the safekeeping and/or custody any lost items.
- ADDITIONAL SERVICES
a)The Club may offer additional services at some Clubs inclusive of but not limited to Personal Training, and other special programs and services. These services will incur additional charges and/ or fees and have separate Terms & Conditions. A Member must enter into an agreement for any such additional services provided by the Club, prior to using these services.
- All services, amenities, facilities provided by the club are subject to change without any prior notice.
- You must familiarize yourself with the Club Rules before you use the Club. The Club Rules are displayed on the website. 9th GEAR reserves the right to cancel or suspend your membership without notice if you break these rules.
- You must wear appropriate clothes and shoes in the Clubs. No jeans or flip flops are permitted
- A sweat towel is provided by the club and if not a sweat towel must be carried by you at all times, and equipment must be wiped down after use. Our no sweat towel, no workout rule is enforced.
- Weights must not be dropped, and must be replaced after use. Failure to comply will result in the suspension or cancellation of membership.
- Lockers are for use when in the gym only – any contents in occupied lockers will be emptied overnight and contents will be donated to charity after 2 weeks if they remain unclaimed.
- No bags are allowed on the gym floor at any time.
- You must not abuse the equipment or facilities of a Club (you will be liable to pay for any negligent or deliberate damage to property).
- You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other members of the gym or gym staff.
- The use of cameras or phones whilst on the equipment or in the training zone is not permitted.
- Smoking, including the use of e-cigarettes is not allowed in any part of a Club. Possession of alcohol, narcotics or other mood-altering substances is not permitted, neither is the use of a Club while under the influence of any of these substances.
- We may refuse admission to or ask you to leave the club if 9th GEAR FINTESS CLUB reasonably believes that you have broken any section of this paragraph. No refund will be given if you are asked to leave a Club in such circumstances.
- Members must secure their personal belongings on their person or place and secure them in the lockers provided by us at all times whilst using a Club’s facilities. Your property is left in these lockers entirely at your own risk.
- You are responsible for ensuring that you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment, you must consult one of our representatives before use.
- 9TH GEAR FITNESS CLUB does not allow any personal training to be done in the club by anybody that is not part of the 9TH GEAR FITNESS CLUB approved personal trainer. Any members suspected of personal training will have their membership cancelled and will be blacklisted from entering any of our affiliated association in India or outside of India.
- In the course of your membership, 9th GEAR FITNESS CLUB may collect certain personal information about you including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
- We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities, our group companies and professional advisors.
- Please contact the manager of your Home Club if you have any questions or concerns about how 9th GEAR FITNESS CLUB will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
- We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.
- As a member of 9th GEAR FITNESS CLUB, you acknowledge that you have read and understand the provisions of this paragraph 7 and that you agree that 9TH GEAR FINTESS CLUB may collect, use, process and disclose your personal information as described.
VERBAL AGREEMENT AND WAIVER
- These terms and conditions can only be varied in writing signed by authorized representative of the club and the can overwrite any verbal or by conduct agreements. The club shall not honor or entertain any verbal or by conduct agreement that are claimed by the member to have deemed made by any club staff or club management that are contrary to the club rule as specified from time to time. The club shall not accept any complaints or requests from the members that are not it writing.
The above mentioned terms and conditions are liable to change with the view of the management at any point in time without prior notice. Management decision supersedes all.