The Membership Terms and Conditions mentioned herein shall form an integral part of the Membership Application & Agreement Form duly signed by the Member and shall be binding upon the Member. They shall govern the obligations and rights of Fitclub
1. DEFINITIONS: “Company” shall mean Fitclub ,located at 102A, DLF Phase 1 Golf Course Road, Arjun Marg, Gurugram, Haryana 1220022 “Club” shall mean and include Health & Fitness Clubs operated by the Company under the brands of the Company or its affiliates inclusive to Fitclub sushant lok , Fitclub Golf course road depending on the category of the membership.
"Club Staff" shall mean and include the Company, and its directors, fitness professionals, employees and consultants.
“Calendar Month” shall mean and include the period from the first day of a given month up to the last day of that month.
“Member” shall mean an individual who has been issued a Membership Access with a unique Membership ID Number by the Company for accessing and using the facilities provided at the Club. “Minimum Term” shall mean the minimum period of membership that a Member is required to complete and as specified in the Membership Application & Agreement Form.
2. “Membership Application & Agreement Form (MAAF) and Membership Terms & Conditions” : shall mean and be referred to as the “Club Rules’, as specified from time to time, and including but not limited to these Terms and Conditions stated herein, all of which constitute a binding Agreement between the Member and the Company
“Modes of Payment” shall mean and include the different ways by which a Member chooses to make payments of the Membership Dues and other services to the Company.
“Membership Dues” shall mean the non-refundable fees deposited by a Member at the time of registration for obtaining membership of the Company and Club, and Membership Dues shall be inclusive of and not limited to Initiation Fees (Non-refundable), Pro rata Fee, Security Deposit, Monthly Subscription, Penalty and Fines etc. All the Membership Dues are non-refundable.
“Initiation Fee” shall mean the fee paid by a Member for the set up costs involved in obtaining a new membership.
“Upgrade” or “Downgrade” shall mean and include change of membership Plan or Package type by a member. “Amendment Form” shall mean the form provided by the Company to the Member for making any change in their Membership Status, Plan or Package Type, etc.
“Termination of Membership” shall mean termination of Membership of an active Member by the Company with or without any advance notice and without any obligation to refund any pro-rata Membership Dues for the paid but unused Membership Term, except where the cause for such termination is not attributable to the Member.
3. LIMITATION OF LIABILITY : In consideration of being allowed to access the Club and participate in the fitness activities provided at the club or at any location outside the club, the Member hereby undertakes and declares that the Company, and its directors, fitness professionals, employees, consultants or contractors are absolved to the fullest extent of any or all liability(ies) arising from any injury or damage caused (whether fatal or otherwise) to him/her or any loss, damage or theft of any property belonging to, or brought into the Club premises by a Member or any guest occurring within the club howsoever caused and that the Company/ Club’s contractual and legal rights and remedies, are independent and cumulative.
4. MEMBERSHIP DUES, PAYMENT OPTION :
- The Membership Dues are non-refundable and subject to change without notice.
- All members shall pay the Initiation Fee of an amount specified by the Company at the time of applying for membership. These fees shall become due immediately upon the acceptance of the applicant as a Member, which shall be at the sole discretion of the Company. The membership shall not be activated till these amounts are received by the Company. All cheque payments are subject to realization.
- The Member shall be required to pay the ‘ Subscription’ in advance by choosing one of the payment options provided by the Company. In this regard the Member shall execute any and all Authorizations and Documents as may be required by the Company.
- If for any reason the Company is unable to collect the ‘Subscription amount ’, the Member shall not be permitted to access the club till the ‘Subscription’ is paid by the Member prior to entering the Club at the Front Desk of the Club, and the Member will also be charged a late Payment Fee for each unsuccessful attempt by the Company to collect from the member. All outstanding amounts for other services inclusive of but not limited to Late Fees. etc, will also be automatically charged and deducted from the Credit Card provided by the member.
- Members have two Payment Options to choose from Partial or Lump Sum.
- Partial Payment Option Terms:
- Payment Obligation : A Member choosing the Partial Payment Option is required to pay their Membership Subscription in monthly instalments.
- Failure to Pay : In the event that the Member fails to make timely payments, the membership will be suspended for the duration of the default period. Membership will only be reinstated upon full payment of any outstanding subscription fees and, where applicable, a late fee as determined by the Company.
- Minimum Payment Requirement : To be eligible for the Partial Payment Option, the Member must make a minimum payment of 50% of the total membership subscription amount upfront.
- No Cancellation During Minimum Contract Period : Members are not permitted to cancel their membership during the Minimum Contract Period. Early termination of the membership before the completion of the Minimum Contract Term is not allowed.
- LUMPSUM :
A Member choosing the Lump Sum Payment Option is required to make a one-time advance payment of the entire Membership Subscription Amount for a period of three (3), six (6) or twelve (12) months after which the membership will automatically be cancelled and the Member will have to renew his/her membership at than prevailing Membership Dues in order to continue with their membership. Goods and Service Tax (GST) and other tax or charges levied by the government. shall be charged solely and exclusively to the Member inclusive of all Membership Subscription payable by the member.
5. Cancellation And Termination :
- A Member can apply for the cancellation of his membership by filling up an Amendment Form provided by the Company, which can only be obtained from the Front Desk of the Home Club after the completion of the minimum contract period of the membership. The Member shall be required to apply for the cancellation of their membership at least One (1) Calendar Month in advance.
- Membership Subscription of the Member must be cleared in full. The Company provides a copy of the receipt of the Amendment Form but this is not a confirmation of the cancellation taking effect. The Cancellation shall not take effect until the Company approves the same and has received all the Membership Dues and Cancellation Fees, if any. A receipt will be provided for all payments made by the Member.
- The Company reserves the right to terminate the membership of a Member at any time without any notice and any refund of the 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. Further in case of the breach of any of the Club Rules, as specified from time to time, the Company has the right to terminate the membership of a Member without notice and the Company shall not be liable for the refund of any of the Membership Dues or other payments made by the member.
6. Upgrade & Downgrade : A Member can upgrade or downgrade the status of his membership anytime during the membership term wherein he shall be contractually bound by a fresh minimum contract period to which he has upgraded or downgraded which upgrade/downgrade will start from the next Calendar Month. A Member will be permitted to upgrade or downgrade after accepting the prevailing Monthly Subscription for the new Upgraded or Downgraded membership type. In addition, the Member shall also pay the applicable Initiation Fee (Non-refundable) for any Upgrade or Downgrade.
7. Transfer Of Membership : A Member can request and apply for the transfer of their membership to another person if he or she qualifies to be a Member under the Club Rules, as specified from time to time, and agrees to accept the Membership Terms & Conditions. The transferring Member is required to pay a Transfer Fee to the Club.
In this case the balance minimum term of the transferred membership will get transferred to the new Member who will need to sign a fresh MAAF and pay the applicable Card Fees. The request for the transfer must be made by the Member to the General Manager of the FitClub and the permission for the transfer shall be provided at the sole discretion of the General Manager of the Club. Transfer of such a membership can only be made within the same category and in case of transfer to another membership type or category which is at a higher rate at the time, the differential in dues will need to be paid.
8. Rights Of Admission : Fitclub reserves the right of admission to its premises. Fitclub reserves the right to refuse a Member, staff and/or visitor of Fitclub access to its premises in the event that the member, staff, visitor does not adhere to the Fitclub Rules & Regulations.
- The club holds a right to reserve "RIGHTS OF ADMISSION" & reserves the right to "TERMINATE A MEMBERSHIP" as and when the management deems necessary.
9. Verbal Agreement And Waiver : These Terms and Conditions can only be varied in writing signed by an authorized representative of the Company and they override any verbal or by conduct agreements. The Company shall not honour or entertain any verbal or by conduct agreements that are claimed by the Member to have been made by any Club or Company Staff or Club Management that are contrary to the Club Rules, as specified from time to time.
- Non-waiver Failure by the Company to enforce any of its rights at any time for any period shall not be construed as a waiver of such rights or remedies.
- Complaints The Company shall not accept any complaint or request from the Members that are not in writing and in the prescribed form.
10. Membership Refund :
- The Company shall not be held responsible for changes in the Government Bye-laws whether they are Local, Regional or National and as such is not liable for refunds if the Club’s Facilities, Services and Operating Hours are affected because of the same.
- A Member shall not receive any refunds partial or otherwise if they have signed up for membership during a Club Pre-Sales period and the Club’s opening has been delayed. As such, the membership will begin from the day the Club is officially opened.
- A Member who chooses the Lump Sum Payment Option for Payment of the Membership Dues and Membership Subscription is not entitled to any pro-rata refund of any amounts paid by them towards paid but unused Membership Term, except where the cause for such termination is not attributable to him.
- No Cancellation During Minimum Contract Period:
Members are not permitted to cancel their membership during the Minimum Contract Period. Early termination of the membership before the completion of the Minimum Contract Term is not allowed. Refunds will not be allowed on the contrary.
11. TRANSFER POLICY :
- Fitclub transfer policy will be applicable on Annual membership at 6% + gst charges applicable (if you usage extended by 6 months then No transfer will be done )
- The process of termination and any relevant procedures will be followed ,here’s a basic outline with
- In case of yearly membership – number of months used =remaining month balance will be refunded
- Please note:-usage of club facilities for more than 6 months will not be refunded,
Policy On Availing Add-on Services
Effective immediately, the following policy has been implemented regarding the use of add on services such as Personal Training (PT), EMS, Therapy, Pilates, and similar services at our clubs:
Clients are not permitted to engage external trainers or freelancers for any add-on services within the premises of our clubs.
All add-on services must be availed exclusively through trainers appointed and authorized by FITCLUB.
This policy applies to all clients at both clubs (Sushant Lok Club, Golf Course Road Club)
The policy is designed to ensure uniformity, quality of service, and compliance with our operational standards.
We request all clients to cooperate in adhering to this policy to facilitate its smooth implementation.
Non-compliance with this rule may result in corrective measures as deemed appropriate by the management.
Personal Training and Nutrition Counseling Agreement
- This agreement is valid for current Members of Fitclub, applicable within Fitclubs in India only.
- Personal Training Sessions / Nutrition Counseling Sessions can be executed only at Club where they have been purchased and a member cannot request for the Personal Training Sessions to be conducted at another Fitclub in India.
- Personal Training / Nutrition Counseling packages must be paid for in advance and in full, at time of purchase. A Personal Training / Nutrition Counseling Session shall not be commenced until the applicable charges are paid for and duly received by Fitclub.
- Personal Training / Nutrition Counseling Sessions are non-refundable and non-transferable. A Personal Training / Nutrition Counseling Client cannot request for the transfer of the Personal Training Sessions or request for the refund of any sessions yet to be conducted by the Personal Trainer/ the Nutritional Counselor.
- Nutrition Counseling Session validity is effective from the date of Purchase: 1 session - valid for 5 days from the date of purchase; 10+1 sessions - valid for 60 days from the date of purchase; 25+5 sessions - valid for 120 days from the date of purchase (see ‘Validity Dates’ overleaf)
- The validity period of the Personal Training/ the Nutrition Counseling Session is not deferred if Member is on Freeze Status.
- Any Personal Training / Nutritional Counseling Sessions not completed within validity period will be deemed null & void and Fitclub is not obliged or liable to conduct the session or provide any refund of the same. In the event the membership expires or is terminated or suspended by club, the remaining un-conducted sessions are not refundable nor transferable and the Personal Training/ the Nutrition Counseling Member is not entitled to any refund or compensation.
- A PT member/ Nutrition Counseling Member must book an appointment with the Personal Trainer /Nutrition Counselor a minimum of 24 hours in advance.
- A no-show by the Personal Training/ the Nutrition Counseling member will be charged in full unless 24 hours advance notification is provided to the Personal Trainer / the Nutrition Counselor if the Personal Training/ the Nutrition Counseling member is unable to attend a scheduled Personal Training / Nutrition Counseling session.
- A Personal Training / A Nutrition Counseling member must provide a minimum of 72 hours advance notification when requesting a change of Personal Trainer / Nutrition Counselor and the change will only be possible at the discretion of the Club Management. In the event the change is not possible then Fitclub is not liable to provide a refund of the remaining or pending sessions.
- PT Member / Nutrition counselling member must sign after every session, including sessions forfeited as result of no show.
- Personal Training / Nutrition Counseling Programs are offered One-on-One unless otherwise stated and agreed by the Club Management. A Personal Training / A Nutrition Counseling member is not allowed to have a friend, relative, or helper stand in attendance during the Personal Training/ the Nutrition Counseling session.
- Any expenses incurred by the Member following through on suggestions or recommendations by the Personal Trainer/ the Nutrition Counselor will be borne by the Member and there will be no liability on the Club Management or Fitclub.
- The buyer of Personal Training / Nutrition Counseling agrees to hold Fitclub free from any and all Liability.
- The buyer of Personal Training / Nutrition Counseling represents that he/she is in good physical condition and has no medical reason, impairment or disability that might prevent him from using all the Club facilities and Personal Training services. The buyer of Personal Training / Nutrition Counseling acknowledges that the Club did not provide any medical advice before the signing of this Personal Training / Nutrition Counseling Agreement, and further agrees and accepts that the Club Management or Ficlub shall not provide him any Medical Advice after this Agreement is signed, relating to physical condition and ability to use the facilities and Personal Training / Nutrition Counseling services. If the buyer has any health or medical concerns, now or after signing the Agreement, it is the buyer’s responsibility to discuss them with his own doctor before using the facilities and Personal Training / Nutrition Counseling services.
- Personal Training / Nutrition Counseling Programs are offered One-on-One unless otherwise stated and agreed by the Club Management. A Personal Training / A Nutrition Counseling member is not allowed to have a friend, relative, or helper stand in attendance during the Personal Training/ the Nutrition Counseling session.
- Any expenses incurred by the Member following through on suggestions or recommendations by the Personal Trainer/ the Nutrition Counselor will be borne by the Member and there will be no liability on the Club Management or Fitclub.
- on the Club Management or Fitclub.
The buyer of Personal Training / Nutrition Counseling agrees to hold Fitclub free from any and all Liability. The buyer of Personal Training / Nutrition Counseling represents that he/she is in good physical condition and has no medical reason, impairment or disability that might prevent him from using all the Club facilities and Personal Training services.
- The buyer of Personal Training / Nutrition Counseling acknowledges that the Club did not provide any medical advice before the signing of this Personal Training / Nutrition Counseling Agreement, and further agrees and accepts that the Club Management or Fitclub shall not provide him any Medical Advice after this Agreement is signed, relating to physical condition and ability to use the facilities and Personal Training / Nutrition Counseling services. If the buyer has any health or medical concerns, now or after signing the Agreement, it is the buyer’s responsibility to discuss them with his own doctor before using the facilities and Personal Training / Nutrition Counseling services.
- The use of the facilities at Fitclub (hereafter referred to as the Club) and Personal Training / Nutrition Counseling service could involve risk of injury to the buyer of Personal Training / Nutrition Counseling whether they or someone else causes it. As such, the buyer understands and voluntarily accepts the risk and agrees that the Club and Fitclub will not be liable for any injury, without limitation, personal, bodily or mental injury, economic loss or any damage to the buyer resulting from the negligence or other acts of the Club or anyone else using the facilities. If there is any claim by anyone based on any injury, loss or damage described here, which involves you, you agree to 1) defend the Club against such claims and pay the Club for all expenses relating to the claim and 2) indemnify the Club for all liabilities to you or anyone else, resulting from such claims. By signing this agreement, you agree to all terms of the Agreement and acknowledge you received a completed copy of it.
- Fitnclub reserves the right to revise this agreement at any time, without any advance notice.
- The buyer has relied solely on the Personal Training/ Nutrition Counseling Member Agreement Terms & Conditions stated herewith and has not relied on any other information, written or verbal pertaining to the purchase of Personal Training / Nutrition Counseling services from Fitclub.
- The Terms and Conditions contained in this Agreement shall be read in conjunction with the Terms & Conditions contained in the Membership Application and Agreement Form.