Anytime Fitness Agreement 6 Month

Download as pdf or txt
Download as pdf or txt
You are on page 1of 10

MEMBERSHIP AGREEMENT

Name: Mohamed Razaman Norlisda


Home Phone: 0129216665
Mailing Address: No 208 Block 8 Jalan Cangkul 19/3 Seksyen 19, 40300, Shah Alam,
Selangor
Mobile Phone: 0129216665
Date of Birth: 28/05/1985
Email: [email protected]

MEMBER ASSUMPTION OF RISK AND


RELEASE

I understand the risk of injury from CLUB activities and using any CLUB equipment is
significant, including the potential for permanent paralysis and death, I KNOWINGLY
AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that
this is an UNSUPERVISED FITNESS CENTER and I assume all risks associated with using
exercise equipment and exercising alone without the aid and presence of CLUB staff on
the premises. I understand that Anytime Fitness® is a trademark of Anytime Fitness,
LLC. that has been licensed to this CLUB and that this CLUB is independently owned
and operated by SA24 Sdn Bhd. I HEREBY RELEASE, INDEMNIFY, AND HOLD
HARMLESS Anytime Fitness, LLC., the designated Billing Company, AND THE OWNERS
OF ALL CLUBS WITHIN THE ANYTIME FITNESS SYSTEM, as well as all sponsors and
advertisers, and all owners and lessors of the premises of such clubs, and their
respective officers, affiliates, agents and employees WITH RESPECT TO ANY AND ALL
INJURY, DISABILITY, DEATH, LOSS OR DAMAGE to person or property that may arise
out of or in connection with my use of any of the equipment or the facilities of the
CLUB of any other Anytime Fitness club, or any incident that occurs while using such
facilities, or otherwise related to my membership. I expressly agree that this release is
intended to be as broad and inclusive as permitted by applicable law and if a portion of
this release is held invalid, the balance shall remain in full force and effect. This release
shall apply to my heirs, assigns, personal representatives and any other next of kin. I
understand that the CLUB is relying on this release in agreeing to enter into this
Agreement.

I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT,


FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

ADDITIONAL TERMS AND CONDITIONS – I hereby confirm that I am aware of and agree
to the terms and conditions on both the front and attached pages of this document
headed ‘Terms & Conditions’.

MEMBERSHIP TERM IS 6 months,

BEGINNING 03/03/2019

EXPIRING 03/09/2019

PAYMENT SUMMARY

Key Fob RM190.00

Joining Fee RM0.00

Pro Rata RM0.00

Regular Payment RM198.22

SIGNED:

Norlisda Razaman
DATE: 2 March 2019 20:23
NO MINOR UNDER 14 YEARS OLD MAY JOIN THE CLUB. IF YOU
ARE UNDER 18 BUT 14 OR ABOVE, PARENT/GUARDIAN
PERMISSION IS REQUIRED UPON JOINING.

I am the parent/guardian of the above named Member, I acknowledge that:

The above named Member has my express permission to participate in the Club
but only during staffed hours and under supervision of the Club's staff;
The above named Member and I have read and understood the Terms and
Conditions, including the Membership Policies and Safety Notices;
By signing below, I am agreeing to be bound along with the above named Member
by the Terms and Conditions, including the Membership Policies and Safety
Notices.

Name:

Phone number:
Parent or guardian signature:

Date: 2 March 2019 20:23


TERMS AND CONDITIONS

1. Prices stated in this Agreement are exclusive of all applicable consumption taxes.
2. You acknowledge and agree that:
a. You are above the age of 14. If you are under the age of 18, you have the
express permission of your parent/guardian to join the Club and use the
facilities and services available at the Club during staffed hours and under
supervision of the Club's staff. All references to "you" or "your" in this
Agreement will denote you and/or your parent/guardian on behalf of you.
b. The monthly payments will be debited from the bank account/credit card
authorised by you until you or the Club cancels the arrangement by
notifying your bank or credit provider. You agree to sign all documents
necessary to ensure that the monthly payments can be made by
visa/master/debit card auto pay.
c. You agree that the monthly direct visa/master/debit card auto pay are
payable until the Minimum Term Expiry Date and during any Continuing
Membership Period even if you do not use the Club.
d. You are not entitled to cancel your membership during the Minimum Term
except in the circumstances set out below under the paragraph headed
"Cancellation".
e. It is your responsibility to ensure sufficient funds are in the nominated
account or your credit card is valid with a sufficient credit limit when the
monthly payments are due and if a debit/charge is unsuccessful you will be
responsible for any administration fees and/or collection fees. We may, in
our absolute discretion, debit/charge up to a maximum of three standard
monthly dues without notice should the prior debits/charge be
unsuccessfully processed.
f. If the authorised bank account/credit card is cancelled/closed or a payment
amount disputed, an administrative charge of RM25 may apply and any
overdue monthly payment will immediately become payable.
g. The membership fees are non-refundable, unless otherwise stipulated in
these Terms and Conditions.
h. Purchases bought through the use of your key or account number will be
charged along with any applicable consumption taxes, to the next monthly
draft in addition to your membership dues.
i. The fee paid for the 24 hour access key fob is non-refundable under any
circumstances.
3. Membership is subject to this Agreement and the Rules of the Club as are from
time to time be in force and which may be amended by the Club at any time by
giving you 14 days’ notice of the same. A copy of the amended Agreement
and/or Rules of the Club will be posted at the Club, emailed to you and/or sent to
your contact address you have provided to inform you of the amended
Agreement and/or Rules of the Club. Upon sending you such notice, you will be
deemed to have notice of, read, understand and be bound by the amended
Agreement and/or Rules of the Club. Further, you agree to abide by all
membership rules, policies and regulations of this Club and other Anytime
Fitness® facility that you visit, as may be prescribed from time to time.
4. Privacy:
The personal information that we collect from you (including your name, address,
date of birth, personal identification number, credit card or debit card or banking
details, usage or analytics of usage, CCTV recordings of your visits at any of our
branches, recordings of your phone calls to us (at our help desk or at any of our
other contacts) and other information about you) has been collected for the
primary purpose of registering your membership with us and facilitating the
provision of our services to you or to enable a prospective, purchaser or
assignee, of a substantial part of our business to conduct due diligence of the,
purchase or assignment, of our business. You agree and hereby consent that we
may also disclose your personal information to Asia Fitness Limited and Anytime
Fitness LLC being the franchisors for the Anytime franchised network in
Singapore, our professional advisers, debt collection service providers, third
parties providing benefits to Anytime Fitness® members, third parties to whom
we may outsource our administrative or operative functions, including their
agents and assigns, and financiers or government authorities or organisations as
required or authorised by law (whether within or outside of Malaysia) or a,
purchaser or assignee, of a substantial part our business. You hereby agree and
consent that the information will be stored on a network database and may be
used for internal administrative purposes, debt collection purposes or to enable
us to comply, where reasonably necessary, with any court orders, law, rules or
regulations binding on us, or where you have provided your consent, to
communicate promotional offers and membership benefits, newsletters and
special events to you. You may request access to and/or correction of your
personal information by contacting the Club Manager during normal business
hours at the contact number or email address set out above. If you do not
provide all or part of the personal information requested it may not be possible
for us to make our services available to you.

Privasi: Maklumat peribadi yang kami mengutip daripada kamu (seperti nama,
alamat, tarikh lahir, nombor pengenalan peribadi, maklumat kad kredit, kad debit
atau butiran perbankan, pengunaan atau analisis pengunaan, rakaman CCTV
lawatan dimana-mana cawangan kami, rakaman panggilan talifon atau pun
dimana-mana ataupun di meja bantuan kami) dan maklumat-maklumat kamu
yang lain telah diambil ada-lah untuk tujuan pendaftaran keahlian anda dengan
kami dan untuk memudahkan peruntukan perkhidmatan kami bagi anda atau bagi
membolehkan seseorang prospektif, pembeli atau pemegang serah hak
(assignee) untuk menjalankan ketekunan wajar keatas perniagaan kami. Anda
telah bersetuju dan dengan persetujuan ini kami mungkin juga memberikan
maklumat peribadi anda kepada pihak Fitness Limited dan Anytime Fitness LLC
Asia sebagai pemberi rangkaian francais Anytime Fitness® di Singapura,
penasihat professional kami, pembekal perkhidmatan kutiphutang, sebagai pihak
ketiga yang kami mungkin sumberluar perkhidmatan pengedalian atau
pentadbiran kami, termasuk agen dan pembiayan kewangan atau pihak berkuasa
kerajaan atau organisasi sperti yang dikehendaki atau diberi kuasa oleh undang-
undang (sama ada dalam atau diluar Malaysia) atau satu, pembeli atau pemegang
serah hak dalam perniagaan kami. Anda dengan ini bersetuju bahawa maklumat
ini akan disimpan di satu pangkalan data jarring dan boleh digunakan untuk tujuan
pentadbiran dalaman, tujuan-tujuan kutipan hutang atau membolehkan kami
mematuhi dimana semunasabahnya perlu dengan mana-mana perintah
mahkamah, undang-undang, peraturan atau peraturan terikat pada kami, atau di
mana anda telah menyediakan persetujuan anda, untuk berkomunikasi tawaran
promosi dan faedah-faedah keahlian, surat berita dan acara promisi istimewa bagi
anda. Anda juga boleh memohon akses untuk dan/atau pembetulan maklumat
peribadi anda dengan menghubungi Pengurus Club semasa waktu perniagaan
melalui panggilan talifon atau melalui e-mel. Jika anda tidak menyediakan semua
atau bahagian maklumat peribadi yang meminta ada kemungkinan kami tidak
boleh untuk membuat perkhidmatan kami tersedia untuk anda.

Jika terdapat sebarang konflik di antara notis ini dalam Bahasa Malaysia dan notis
dalam Bahasa Inggeris (“Privacy”), notis dalam Bahasa English akan mengatasi
notis dalam Bahasa Malaysia.
5. Rules: You agree to abide by all membership rules, policies and regulations of this
Club and other Anytime Fitness® facility that you visit, as may be prescribed
from time to time.
6. Payments: Unless cancelled as provided in this Agreement, you will be
responsible for all payments due and owing under this Agreement, even if you do
not use our facilities and services. However, in the event of death or disability,
liability for fees will terminate as of the date of death or disability. If the Club's
facilities become temporarily unavailable due to an event such as a fire, flood, loss
of lease, or the like, we will extend your membership privileges for the period the
facilities were unavailable.
7. Member Assumption of Risk and Release: You warrant and represent that you do
not have any medical or mental condition or disability; or disease, which could
become worse during exercise or result in damage to your health if you exercise
or engage in any physical activity at the Club. You acknowledge that this is an
unsupervised fitness club and agree to exercise responsibly and with due care
and attention to your own medical and mental condition at all times. You
understand and accept all risks of injury from Club activities and using any Club
equipment. You understand and agree that the Club and any other Anytime
Fitness® facility that you visit do not, to the extent permitted by law, accept any
liability for any injury, disability, death, or loss or damage to person or property,
except those arising from their negligence or breach of this Agreement.
8. Transfer: You have the option to use other Anytime Fitness® facilities. If over a
period of 60 days, we find that you primarily use a particular Anytime Fitness®
facility instead of this Club, we may transfer your membership to that facility. You
will then be required to pay membership dues of that facility, which may be more
than the dues payable under this Agreement. We also reserve the right to
relocate or close this Club and/or close any of the Club's facilities or any part
thereof by giving you 30 days' notice and you hereby agree that we may transfer
your membership to the nearest or any alternative Anytime Fitness® facility.
However, you may not transfer your membership to any other person.
9. Cancellation:
Medical Cancellation: You may cancel this Agreement for medical reasons
before the Minimum Term Expiry Date. Your doctor must provide
certification that your use of the Club facilities and services would impair
your health.
Relocation Cancellation: You may cancel this Agreement before the Minimum
Term Expiry Date by giving us 30 days written notice if you permanently
move your residence more than 30 kilometres from any Anytime Fitness®
Club or affiliate Club with whom we have an agreement allowing you to
transfer your membership privileges free of charge. We will require proof of
permanent relocation. You must also tell us your new address and new
phone number. Remember, if you are within 30 kilometres of any facility or
affiliate Club which will allow you to transfer your membership privileges free
of charge, this Agreement will still be in effect.
Cancellation Fee: You may cancel your membership due to medical or
relocation reasons before the Minimum Term Expiry Date subject to a
Cancellation fee of RM200 or 1 month of membership fees, whichever is the
greater.
Cancellation after the Minimum Term Expiry Date: You can cancel your
membership after the Minimum Term by delivering to the Club during
manned hours a 30 day written notice. Cancellation will commence on your
next direct debit date after the 30 day notice.
The Club retains the right to cancel or suspend the membership of any
person for any reason. If such cancellation or suspension is made due to a
breach of any of the terms of this Agreement, including the Membership
Policies and Safety Notices, or due to damage rendered by you, the balance
of your financial obligations under this Agreement shall become due and
payable in full immediately, in addition to a RM200 cancellation fee. In case
where the facility or its contents are damaged, you will also be responsible
for the repair or replacement thereof
10. Late Fees: You agree to pay a RM40 late fee if your monthly payment is received
past the due date and/or any fee associated with returned payments or non-
payment of dues. Should you default, you agree to pay all collection costs
including agency fees or administration charges, court or arbitration costs and
reasonable attorney fees, which may be paid or incurred by the Club.
11. Dispute Resolution: In the event of any dispute arising out of or in connection
with this Agreement, including any question regarding its existence, termination
or validity, or breach thereof ("Disputes"), you agree to enter into mediation for a
minimum of seven (7) days prior to initiating any legal action against the Club. The
mediation will take place between you and a relevant representative of the Club to
b e appointed at the Club’s sole and absolute discretion. During this period of
seven (7) days, you agree not to disclose any information relating to the said
Dispute or the mediation thereof to the public domain without the written consent
of the Club. If following mediation, you and the Club are unable to reach a
mutually satisfactory resolution of the Dispute, such Dispute shall be governed
by, and construed in accordance with the laws of Malaysia and you and the Club
agree to submit to the non-exclusive jurisdiction of the Malaysia Courts. You
agree the Club shall be entitled to recover all costs and expenses resulting from
the engagement of attorneys, where applicable.
12. Entire Agreement: This Agreement constitutes the entire agreement between the
parties. All conditions, warranties or other terms not expressly contained in this
Agreement (actual or implied), or not imposed or required to be binding by
applicable statute in respect of the services or goods supplied by us, our
employees, servants or agents, are hereby excluded. The parties acknowledge
that they have not relied on any oral or written representations or other promises
or assurances not contained in this Agreement. The parties waive all rights and
remedies which might otherwise be available to them in respect thereof, except
th at nothing in this Agreement will limit or exclude any liability for fraud or
fraudulent misrepresentation.
13. Key Fob Replacement Fee: There will be a charge of RM200 fee for the purchase
of Key Fob replacement.
14. GST is applicable upon implementation by Royal Malaysian Customs Department.
MEMBERSHIP POLICIES

You must present upon entering the Club your membership card. Your
membership card admits you only. You agree that you may be denied access to
the Club without your membership card.
You must not bring in guests at any time, including non-staffed hours, without the
prior written consent of the Club's staff. If this policy is violated, you may be
charged a guest fee and/or have your membership suspended or cancelled
subject to a cancellation fee.
You must not allow anyone else to use your membership card and must alert the
Club immediately if it is lost or stolen. If this policy is violated, you may be charged
a guest fee and/or have your membership suspended or cancelled subject to a
cancellation fee.
You are allowed a maximum of 3 hours per visit during non-staffed hours.
You shall abide by all membership regulations of the Club, including any stated and
customary rules for participation and use of equipment.
You shall not engage in any type of commercial or business activity while using the
facilities. You shall not act as a trainer for any other members or guests and any
acts which constitute such business activities are strictly forbidden. If you engage
in such commercial or business activities, your membership shall be subject to
immediate cancellation and the balance of this Agreement declared due and
payable in full immediately.
You shall abide by the Club dress code at all times while in the facility. Do not wear
blue jeans or any pants/shorts that have blue jean type seams or rivets. Flip-flops
or bare feet are not allowed in the Club.
Cell phones are not permitted in the cardio area. Photography and/or videography
are not allowed anywhere in the Club.
You shall not use loud or profane language within the Club nor shall you molest,
badger, assault or harass other Club members, guests or employees. Doing so will
subject your membership to immediate cancellation, and the balance of this
Agreement being declared due and payable in full immediately.
Personal training services provided in the Club may be provided either by
employees or by independent contractors operating their own business. All
payments for personal training services are to be made to the Club, who will pay
the trainers as the services are provided.
The Club prohibits the use of any drugs or steroids and you agree not to use any
drugs or steroids on the Club premises. You acknowledge and are aware that
steroids can cause numerous physical, mental and emotional problems relating to
physical maturity and growth and may cause heart disease, strokes, liver
dysfunction, sterility and infertility and many other adverse health problems. You
recognise and acknowledge that there are serious criminal and civil penalties for
the illegal possession, sale, use, trading, or exchange of steroids and no such
activity is allowed upon Club premises.
Smoking or consumption of alcohol is strictly forbidden on the Club premises.
If you fail to use the Club facilities, that shall not release you from the obligation to
make all payments required by the terms of this Agreement.
The Club retain the right to modify these policies without warning. Reasonable
rules and regulations may be posted in the Membership Guide or at the Club from
time to time and all members shall be subject to strict compliance therewith. The
most current copy of the Membership Guide can be found at the Club or at the
Club's website.
SAFETY NOTICES

The Club is under 24-hour recorded video surveillance, which may be retained by
the Club for subsequent review, and your membership card usage is logged. The
surveillance system does not protect you from harm in or on the building
premises. You must use caution when entering or leaving the building. A courtesy
telephone is available if you feel threatened or witness suspicious activity. Do not
allow access to individuals who knock on the door; doing so may put you at risk of
injury or harm, and could result in you losing your membership privileges. The Club
is equipped with panic buttons and medical emergency call buttons. These are
designed to signal authorities in the event you feel either threatened or in need of
medical help.
Do not leave any belongings unattended. Do not store any valuables in the
lockers.
You have access to a free orientation to the facility and the proper use of its
equipment. It is your responsibility to request this orientation.
It is your responsibility to wipe down the equipment and un-rack the weights you
use.
You must use the safety features of the equipment. If you are unsure of how to
use a machine, you should obtain instructions from the staff or personal trainers.
You must follow the directions of the staff regarding safety and security issues.
You are responsible for understanding how to operate the panic alarms and agree
to use them only in case of an emergency.
Horseplay, vulgar language, abuse of the equipment, working out while
intoxicated, or other inappropriate behaviour will not be tolerated and may result in
the suspension or cancellation of your membership, and a cancellation fee of up to
RM200 being immediately payable.
Age Requirements - You must be at least 14 years old. If you are aged under 18,
you must only use the facilities and services available at the Club during staffed
hours and under supervision of the Club's staff. If you violate this policy, you may
be asked to leave the Club's premises or have your membership suspended or
cancelled subject to a cancellation fee.

SIGNED:

Norlisda Razaman
DATE: 2 March 2019 20:23

You might also like