8. INCREASE  OR DECREASE  OF THE MONTHLY  DUES AND OTHER CHARGES:

The  Company reserves the  right to increase the  Monthly Dues and other charges inclusive of but not limited to the Monthly Subscription, regardless of the Membership Option chosen by the Member, subject to a seven (7) days notice to the Member. 

Notice  requirement  shall be deemed fulfilled upon  communication to the member via email and/ or SMS as well as the posting of a Member Notice by the  at the Notice Board, any other conspicuous area in the , or on the Company Website and Facebook  page for seven (7) consecutive days prior to the effective date of any such increase. If the Membership Dues are so increased, a Member authorizes the Company to increase the Direct Debit Amount on the Credit Card which has been authorized  by the Member. Monthly Subscription shall not be increased during the minimum term specified for the Membership.

 

9. CANCELLATION AND TERMINATION:

a.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 by mailing to the company on the company email address 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.

1. 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.
2. 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 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.

 

10. 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 (For details refer Annexure A).

 

11. TRANSFER OF MEMBERSHIP:

A Member cannot request and apply for the transfer of their membership to another  person even if he or she qualifies to be a Member under any Rules.

 

12. You  need to  Contact the    Management online  to “Freeze” your membership at only 25% of your monthly dues per month which must be paid at the time of request. One (1) full calendar month’s (from 1st of the month) notice is required to freeze your membership and no backdating is allowed. Minimum freeze period is one (1) month and maximum is twelve (12)  months. If you “Freeze” your membership, this does not count towards your MCP and your membership will be extended by the number of month’s equivalent to the frozen period. You cannot use the while your membership is “Frozen” (No freezing within first three (3) months of your membership).

 

13. RIGHTS OF ADMISSION:

 

 reserves the right of admission

to its premises.  reserves the right to refuse a Member, staff and/or visitor of  access to its premises in the event that the member, staff, visitor does not adhere to the  Rules

& Regulations.

 

14. MINIMUM AGE FOR MEMBERSHIP:

Membership is available to an individual/applicant who has attained the

 

age of Fourteen (14) years subject to the individual/applicant furnishing a valid document confirming his age and acceptance of such document shall be at the sole discretion of the Company. All individuals/applicants

who are under the age of Fourteen (14) years must obtain consent from

their Parent/Guardian (Legal Representative) when applying for Membership and signing the MAAF

 

15. COMPLAINT/GRIEVANCE OR FEEDBACK:

The Company shall at all times endeavour to provide the required facilities and services at its , however, in case of any complaint/ grievance or feedback received in writing at front desk of the  or via email with in respect to the facilities and services provided to a Member, the management at the ( Management) shall endeavour to contact the person within seven    (7) working days and address the complaint/grievance or feedback.

 

16. PROPER CLOTHING AND HYGIENE:

Proper athletic attire must be worn at all times by a Member when using the  facilities to exercise.

 

1. No attire  or personal  hygiene that discredits  the standard of the Company  will be acceptable. The Company  reserves the right to deny access and/or use of the  to any Member or guest whose attire is not considered appropriate  in connection with the public image of the and the Rules, as specified from time to time.

 

17. LOST AND FOUND:

Any  items  claimed  to be forgotten  or lost by the member  during the course of their training with the consultant/trainer  shall not be the responsibility of the , nor will the member hold  the responsible or liable for the same. The Company bears no responsibility or liability for the safekeeping and/or custody any lost items.

 

18. ADDITIONAL SERVICES

The Company may offer additional services at some   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 , prior to using these services.

 

19. RIGHT OF ADMISSION:

The Company reserves the right to refuse entry to any person, including Members, and has the right to terminate the membership for any reason whatsoever (including misconduct, complaints by other Members, sexual harassment, hygiene disease, etc) and not limited to breach of the  Rules, as specified from time to time. On the termination of a membership, the Access of the Member shall be deactivated and the Member shall not be entitled to any refund of the Membership Dues or payment for any additional services made by the Member.

 

20. CHANGE OF RULES AND FACILITIES & SERVICES:
21. The Company may, at its sole discretion, add, remove or amend the   Rules, including but not limited to the Terms & Conditions of the MAAF,  the operating hours and the services and facilities provided by the due to regulatory, administrative and/or commercial compulsion or for any other reason considered necessary by the Company.
22. Any such  additions, deletions  or changes from time-to-time  will be notified to all Members  through a medium as the Company feels appropriate by a notice of five (5) days.
23. If  at any time  the operations or services of  a are permanently/ temporarily  suspended/closed for any reason, the  Company shall be entitled to terminate the membership of the Members, with Five (5) days prior written notice if the circumstances allow the Company to give such prior  notice or with lesser number of days notice, and refund the Membership Dues of the Members. However, the Company may give an option to all the Members to get their membership transferred to another  in similar tier (if available )/other tier on first come first serve basis subject to the signing of the new MAAF and payment of the differential Membership Dues. In case, the said option is not given by the Company or  if given but not opted/exercised/accepted as is by the Member(s) within the time specified by the Company in the said written notice, the Company will be entitled to terminate the Membership and refund the Membership Dues. No claim whatsoever shall be made by the Member or   on behalf of the Member against the Company for any such transfer/change/termination of membership whether temporary or permanent.
24. If, at any point of time in future, the operations/services of a  are permanently/temporarily relocated from its existing location  to a new location for any reason whatsoever, the Company shall give Five

(5) days prior written notice to the Members, or such lesser number of

days notice  as the circumstances may permit.  The membership of the Members shall continue  as is as per the Terms and Conditions of the MAAF signed for the earlier . No claim whatsoever shall be made by the said Member or on behalf of the said Member either individually or collectively against the Company for any such change of location of the   and/or termination of membership. No refund shall be made available.

1. The Company reserves the right to suspend the operation of the 

for  the purpose  of repair and  maintenance of the    without any membership rebate for a period which shall not exceed Fifteen (15) days and if at any time such period exceeds beyond thirty (30) days, the  may by written notice intimate to all the Members of the transfer of their membership to another , or grant the Member with a complimentary Time Freeze for the said period.

1.   By agreeing  to this Terms  and Conditions document,  the Member

acknowledges and consents that each  will provide certain services that could be unique to that location. The Member also agrees to release the Company from any and all liability if any or all services are reduced, modified,  suspended or eliminated due to external factors. Should a Member choose to cancel his membership due to the modification, suspension or termination of said services, the  standard cancellation policy shall apply. The Member also agrees not to seek compensation for the elimination, reduction or suspension of any services, either monetary or in services rendered in lieu of.

1. The Company  is also entitled,  without any liability  whatsoever, to stop, limit, suspend or vary the services in whole or in part at any time at its discretion,  without notice for any reason including but not limited to Government Rules & Regulations, Orders, Directions and  Notifications etc. These circumstances would also be inclusive of but not limited to the following:
2. Modification,  technical failure,  upgradation or variation  or relocation, repairs and or maintenance of the equipments and plant and machinery of the .
3. Shortage  in the supply  of water and electricity  from the recognized service provider and supplier of the .
4. If the services of the Company are used in any manner which violates any  law etc. or the existence of any law that adversely affects or interferes in any manner in the rendering of the services provided by the Company.
5. Force    Majeure   circumstances    e.g.,, Acts of    God, Nature, Government, Riots, Strikes, Change in Law, etc..

 

21. Fitness Freaks Forever  India reserves the absolute  right to transfer your membership under the same brand “Fitness Freaks Forever” to any of its  affiliate companies, joint venture partners or franchisees, etc. that owns and operates  the Fitness Freaks Forever /s, without giving any prior notice to you. also reserves the right to outsource the management or operation or any function of its /s.

 

22. 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 honor or entertain any verbal or by conduct agreements that are claimed by the Member to have been made by any  or Company Staff or Management that are contrary to the 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 as mentioned in Clause 16.

 

23. MEMBERSHIP REFUND:
24. 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 Facilities, Services and Operating Hours are affected because of the same.
25. A  Member  shall not  receive any  refunds partial  or otherwise if they have signed up for membership during a  Pre-Sales period and the ’s opening has been delayed. As such,  the membership will begin from the day the is officially opened.
26. 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.

 

24. SEVEREBILITY:

Wherever possible, each provision of these  Rules, as specified from time to time, and including but not limited to these Terms and Conditions, shall be interpreted in such a manner as to be effective and valid under the applicable laws. However, if any provision of the  Rules shall be held to be invalid or unenforceable under the applicable laws, such provision shall be ineffective only to the extent of such invalidity or unenforceability without invalidating the remainder  of such provision or the remaining provisions of the MAAF.  The foregoing  shall not apply to provisions concerning payment or non-refund of Membership Dues. If the payment  of Membership Dues by any Member is held to be invalid or unenforceable or if he obtains  an order for refund of his Membership Dues, his Membership to the shall automatically cease/terminate with immediate effect without any notice.

 

25. DISPUTE RESOLUTION & JURISDICTION:

Any disputes and differences arising in relation to, under or in connection with the  Rules, as specified from time to time, and including but not limited to these Terms and Conditions, including their interpretation shall be  settled by Arbitration, in accordance with the provisions of The Arbitration & Conciliation Act, 1996 or any statutory amendments thereof and shall be referred to a Sole Arbitrator appointed by the Company who shall conduct Arbitral Proceedings in New Delhi. The language of Arbitral Proceedings shall be English. The Company and the Member shall bear their  own expenses for such arbitration including the sitting fee of the arbitrator.

The validity, construction and performance of the MAAF, the Membership Terms & Conditions, as specified from time to time, shall be interpreted in accordance with the laws of India.

 

26. COVENANTS OF THE PARTIES:

By   signing   the MAAF   the   Member   confirms     to have fully   read, understood and  accepted the contents  of the MAAF,  with  the clear understanding that they and each term thereof is valid and binding on the Member and can be enforced by the  and Company in accordance with the law.

“Notwithstanding anything to the contrary, the Member agrees that:

(i) the Company/ may take photos/videos, etc of the Member at In case of outdoor events, the Company/ shall have title over and may use the same freely even after the expiry or termination of the Member’s relationship with the Company/.”

 

(ii) if the public utilities being availed by the Company/ are reduced/

adversely effected/stopped, the services/ facilities/ equipment provided by the Company/  may stand reduced/stopped and the Member shall not have any right to claim compensation for such reduction/ stoppage;

(iii) he shall be polite towards other Members, trainers and employees of the Company/;

 

(iv) he shall not engage in any form or kind of sexual harassment and pursuit at the Company’s/’s premises and avoid developing any intimacy of a physical nature with anyone while at the Company’s/ ’s premises; and

 

(v) he shall not use any form of media including social media for defaming the Company/ and or its Members, trainers and employees.

 

(vi) all the terms and conditions listed above shall also apply to any

and all programs that Fitness Freaks Forever currently offers, or might offer in the future, that involve spaces other than the physical structure of the . This agreement extends coverage to outdoor programs and events that might be hosted in locations deemed appropriate by Fitness Freaks Forever. The member assumes all responsibility for their safety and well-being while participating in these programs.

 

By signing the MAAF, I acknowledge that I have received, read and understood the Membership Terms & Conditions emailed/handed to me and I agree to abide by the same.

 

“Membership  Application &  Agreement Form (MAAF)  and Membership Terms & Conditions”  shall mean and be  referred to as the “ 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 , 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.

“Pro  Rata Fee”  shall  mean the  applicable Membership  Subscription fee payable from the Start Date till the end date of the Start Date Month.

“Membership  Subscription”  shall  mean the  monthly membership

fee payable by a member.

“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.

“ Tiers”

1.The  Member  represents  that he is  fit to access  the and participate  in the fitness activities  provided by the consultant .  The Member further represents that  he has undergone a medical check-up  for determining the foregoing and or has  received such medical advice before applying  for Membership and that he shall undergo regular periodic medical check-ups for such purpose.

 

2. LIMITATION OF LIABILITY:

In  consideration  of being allowed to access  and participate in the fitness activities provided by the consultant at  any location , 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 premises by a Member or any guest occurring within   the howsoever caused and that the Company/ ’s contractual and legal rights and remedies, are independent and cumulative.

 

3. RELEASE AND INDEMNITY:

In  consideration  of the grant of  the membership to a  Member entitling him/her access to the website , to engage in fitness activities and use of the various  equipments and of the for physical exercise, the Member hereby agrees and undertakes to indemnify and keep harmless the Company and/or its representatives, employees, agents, instructors, Directors etc. to the extent applicable under any law for the time being in force and in respect of any actions, suits, proceedings, claims, demands, losses,  damages, penalty and expenses arising as a result of or in connection with his/her involvement in fitness activities of the Company or from the use of the various equipments and areas of the for physical exercise. The Member also agrees and undertakes to indemnify and keep harmless the Company and/or its representatives employees,   agents, instructors, Directors etc. to the extent applicable under any law for the time being in force in the event of death of or personal injury to a Member or any guest invited by the Member to the.

 

4. MEMBERSHIP ENTITLEMENT:

The  Company  is not obliged  to accept the online  registration of every applicant and shall have the right to reject and refund the money paid at the time of applying for membership. Subject to the Company’s approval, membership entitlement begins immediately from the date as mentioned and or detailed in the MAAF and the acceptance of the  Rules by the Member, as specified from time to time by the Company. A Member is entitled to access and use the facilities and services of the only during the specified operating hours of the specific .

 

5. PERSONAL DETAILS:

All the information provided online at the time of registration must be true and correct, the Member shall be solely responsible and liable if the said information   is found incorrect. The Company reserves its right to terminate a membership without notice or refund of any Membership Dues if the information provided is found to be incorrect at any point of time. A Member also agrees to provide any additional information as and when demanded by the Company. To apply for membership a Member is required  to furnish self-attested copies of proof of identity, proof of address, phone numbers (Residence and Mobile Number), valid E-mail ID and the contact details of a person to be contacted in the case of any emergency and any other particulars as requested by the Company. Document furnished by a Member as proof of address or proof of Identity shall  only be accepted if the same is/are issued by a recognized Government Authority, Institution (Central or State) or any another authority acceptable to the Company.

 

6. MEMBERSHIP CATEGORIES:

The Company offers several types of membership and once the applicant chooses  a particular type of membership, he will be entitled to the privileges applicable to the membership type chosen and represented in the MAAF. The different types of membership are:

home personal training, 12 week transformation, fat loss program, Couple transformation, wedding transformation, modelling transformation, marathon training.

 

7. MEMBERSHIP DUES, PAYMENT OPTION :
8. The Membership Dues are non-refundable and subject to change without notice.
9. 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.
10. The Member  shall be required  to pay the ‘Monthly  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.

iii.  If for  any reason  the Company is  unable to collect  the ‘Monthly Subscription’,  the Member shall not be permitted to  access the website and the consultant till the  ‘Monthly Subscription’ is paid by the Member , and the Member will also be charged a  late Payment Fee for each unsuccessful attempt by the Company to collect from the member (For details refer Annexure A). 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, debit card and online wallet provided by the member.

 

1. Members have two Payment Options to choose from Recurring or Lump Sum.
2. RECURRING:  A Member choosing  the Recurring Payment  Option is

required to pay their Membership Subscription on a recurring month on month  basis. The member needs to register his Credit Card/ Debit card/online wallets/ paypal online on Payment  Gateway web page. The Member has no right to stop the recurring month on month payment of the membership  subscription. In case, there is default by the Member in making timely payments then the membership shall remain suspended for  the entire period of the default and such suspension shall be revoked only on the payment of the payable monthly subscription and a ‘late fees’ where applicable, charged by the Company. Members are not permitted to cancel their membership during the Minimum Contract Period Term of the Membership.

 

1. 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 in addition to all Membership Subscription payable by the member.

 

                                                                Disclaimers

Personal Training and Nutrition Counseling Agreement

 

Ø This agreement is valid for current Members of Fitness Freaks Forever, applicable within Fitness Freaks Forever  in India only.

Ø 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.

Ø 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.

 

Ø   The validity period of the Personal Training/ the Nutrition Counseling Session is not deferred if Member is on Freeze        status.

Ø Any Personal Training / Nutritional Counseling Sessions not completed within validity period will be deemed null & void and  is not obliged or liable to conduct the session or provide any refund of the same.

Ø In the event the membership expires or is terminated or suspended by , 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.

Ø A PT member/ Nutrition Counseling Member must book an appointment with the Personal Trainer /Nutrition Counselor a minimum of 24 hours in advance.

Ø 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.

 

Ø   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  Management. In the event the change is not possible then is not liable to provide a refund of the remaining or pending sessions.

Ø Personal Training / Nutrition Counseling Programs are offered One-on-One unless otherwise stated and agreed by the  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.

Ø 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  Management or company.

 

Ø   The buyer of Personal Training / Nutrition Counseling agrees to hold  free from any

and all Liability.

Ø 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  facilities and Personal Training services. The buyer of Personal Training / Nutrition Counseling acknowledges that the did not provide any medical advice before the signing of this Personal Training / Nutrition Counseling Agreement, and further agrees and accepts that  the Management or Fitness Freaks Forever shall not provide him any Medical Advice after this Agreement is signed, relating to physical condition and ability to use the equipments 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.

 

Ø The use of the services at Fitness Freaks Forever (hereafter referred to as the ) 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 and 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 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  against such claims and pay the for all expenses relating to the claim and 2) indemnify the 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.

 

Ø    reserves the right to revise this agreement at any time, without any advance notice.

Ø 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 pertaining to the purchase  of Personal Training / Nutrition Counseling services from Fitness Freaks Forever.

 

Ø   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.