TERMS OF SERVICE

Last Updated: 17 July 2023

1) Terms & Conditions

The following terms & conditions govern the rights and obligations of FITSPACE66 STUDIOS and its members, including pay-per-entry users thereof.

2) FITSPACE66 Studios (“The Studio”)

The Studio is operated by FITSPACE66 Studios. The Studio has its business address at F66-1, Plaza Jelutong, Seksyen U8 Bukit Jelutong, 40150 Shah Alam, Selangor Darul Ehsan.

3) Access Terms

a) Access to the Studio is by way of entry passes. The entry passes to the Studio are as follows:

-> Pay-per-entry

-> Unlimited Pass

-> Lite Pass

-> Student Unlimited Pass

-> Virtual Infinity Pass

-> AY8 Pass

-> Monthly Yoga Pass

Each of this pass has its individually defined access parameters according to our then applicable promotional packages.

Every entry pass is personal to the individual under which the pass was purchased. Hence, the entry pass is non-assignable, non-transferable, and non-refundable. A member may not loan his/her entry pass to be used by a third party.

That said, the Studio may assign the benefit of these agreements entered into with any of the individuals in relation to access to the Studio, to any person, firm, or company at any time without notice to individuals involved.

b) Any person intending to access the Studio is required to possess a valid entry pass. Such entry pass may be required to be presented for inspection by the Management, when so required. Persons without a valid entry pass shall be denied entry. However, such person may be admitted at the absolute discretion of the Management.

c) Entry passes are made available to individuals who have attained a minimum age of 18 years old. For individual below 18 years and above 14 that purchase any of the entry passes, a parent/guardian for any individual below 18 years and above 14 must sign an agreement/paper contract or digital contract or provide verbal consent to the Management as consent for the minor to join classes at the Studio and abide by applicable Rules and Regulations. Alternatively, the parent/guardian may accompany such individual to class with payment of the necessary access fees.

4) Physical Condition of Member

a) Our staff 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 your own well-being at all times in our premise, whether you are exercising or not. If you are not feeling well when in our premise, we recommend that you slow things down or stop exercising until you feel better. We shall not be responsible for your health and well-being when you are inside our premise.

b) 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.

c) You shall not attend any group fitness classes at the Studio whilst suffering from any infections or contagious illness, disease, or another ailment such as 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 yourself and/or other people. You shall exercise and attend the group fitness classes at your own risk and are advised to consult your physician prior to commencing any type of physical exercise and/or attending any of our group fitness classes.

5) Expulsion from the Studio

The Management may terminate and revoke the access of any person with or without notice and with immediate effect:

a) if that person's conduct whether or not, such conduct is a subject of a complaint by another person or otherwise, is such that in the reasonable opinion of the Management, is harmful to the character and/or interest of the Studio and/or the safety of others.

b) if a person shall have committed any breach of the Studio rules and regulations that are enforced from time to time.

6) Health, Safety & Ethical Conduct

a) Everyone that comes to the Studio is fully and solely responsible for your own health and safety at all times at the Studio.

b) You are required to conduct yourself in a socially acceptable and ethical manner at all times at the Studio.

c) Our fitness instructors are authorized to stop anyone from exercising if he/she is considered exercising in a manner that may result in personal injury on/and injury to self and/or others. You are required to abide by the instructions of our fitness instructors at all times.

7) Your personal belongings

The Management shall not be held responsible in any manner whatsoever for loss or damage to your personal belongings during your visit to the Studio for any reason whatsoever. You shall be solely and fully responsible for your personal belongings at all times during your visit to the Studio.

8) Provision of Personal Data

a) The Studio recognizes the importance of the personal data you have entrusted to us and believes that it is our responsibility to properly manage, protect and process your personal data.

b) All your personal data that we collect are managed and handled in accordance with our Privacy Policy. Please go through the policy so that you understand the way we manage and handle your personal data.

c) If you have questions regarding this particular matter, you may reach out to us in the following manner:

-> Speak to us over the counter at the Studio anytime during your visit;

-> Email us at support@fitspace66.com

-> WhatsApp us at +60162727144 (Lynn) or +60183931817 (Chris)

9) Others

a) The Management reserves the right to use any individual or group photographs of persons visiting and/or attending any of our group fitness classes for press, marketing and promotional purposes in manners we deem fit.

b) All persons engaging our services and/or visiting the Studio must abide by the term and conditions as set out herein, which may be amended, varied, deleted and added from time to time at the Management’s sole discretion, with or without advance notice to you.

c) In the event you wish to make changes to your entry pass, class packages, your refund requests shall be managed in accordance with our Refunds Policy

10) Limitations of Liability

a) By engaging our services / purchasing entry passes to attend any of our group fitness class, you agree that:

i) The Studio accepts no responsibility for loss or damage to your properties or for death or injuries sustained while on our premise. You agree that no claims whatsoever shall be be made against the Company, the Studio, the Management or staff for any reason whatsoever.

ii) The Studio, its associated companies, employees, or agents shall not be responsible for any claims, demands, injuries, damages or actions for negligence arising on account of death or due to injury, loss, damage or theft to a person’s property arising out of or in connection with the use by such person of any of the services, facilities, on the premises of the Studio.

iii) You hereby hold the Studio, its associated companies, employees and agents harmless from all claims which may be brought against them by or on your behalf for any such injuries or claims aforementioned. This same limitation of liabilities shall apply for visitors of the Studio, whether purely visiting, engaging in our services and/or attending a group fitness class.

b) You hereby acknowledge, represent and warrant that your visit to the Studio including participating in any of our group fitness classes involves risk of injury to yourself and other persons whether caused by you or someone else. Following this:

i) You understand and voluntarily accept such risk.

ii) You warrant and represent that you have consulted with a doctor before the start of any exercise programs. You agree to hold the Studio, its employees, directors, the Management harmless for any liabilities for injury including, without limitation, personal, physical, or mental injury, economic loss or any damage to you as the consequence of your acts and/or the acts of anyone else present at the premises of the Studio.

c) You agree to be responsible for all liabilities and damage suffered for any injury sustained, including, without limitation, physical or mental injury, economic loss, or any damage done to yourself or any other person regardless of whether such injury is directly or indirectly caused by you or someone else, whether deliberately or otherwise or through negligence or omission.

d) If any claim is made by anyone based by any injury, loss, or damage as described herein, you agree to:

i) defend the Studio, its employees, directors, and the Management against such claims and compensate the Studio, its employees, and the Management for all expenses including legal lees relating to the claim;

ii) indemnify the Studio, its employees, directors, and the Management for all liabilities to you, your next of kin or any other person as the case may be resulting from such claims;

iii) hold the Studio, its employees, directors, and the Management harmless from any claims, lawsuits, and indemnification.

11) Right to Make Changes to the Agreement

We reserve the right to modify or update these Terms of Services at any time without prior notice. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these terms periodically. By continuing to use our services after modifications, you are deemed to have accepted the updated terms by conduct.

12) User Guidelines

a) You must be at least 18 years old or have the consent of a legal guardian to use our services.

b) You agree to provide accurate and up-to-date information about yourself to us at all time when using our services.

c) You are solely responsible for any content you post or upload on our website. You agree not to violate any laws, infringe upon intellectual property rights, or post harmful or offensive content.

d) You may not use our services for any unauthorized or illegal purposes, including but not limited to fraud, hacking, or spamming.

e) You are prohibited from interfering with the functionality of our website or attempting to gain unauthorized access to our systems.

13) Copyright and Intellectual Property

a) All content on our website, including text, graphics, logos, images, and software, is the property of the Studio and is protected by applicable copyright and intellectual property laws.

b) You may not reproduce, distribute, modify, or create derivative works of our content without prior written consent.

c) By posting or uploading content on our website and/or engaging in our services, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute the content.

14) Governing Law

These Terms of Services shall be interpreted and governed by the laws in force in Malaysia.

15) Dispute resolution

Any disputes arising out or touching upon or in relation to these Terms of Service, including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties, shall be settled amicably by mutual discussion, failing which the same shall be referred to the exclusive jurisdiction of the Courts of Malaysia.