- Fitness First Clubs in PHILIPPINES ("The Club")
The Club is operated by EVOLUTION WELLNESS PHILIPPINES INC. (the "Company"), with a business address at 17th Floor SM Aura Office Tower, 26th Street corner McKinley Parkway, BGC Taguig,whose principal objective is to provide health and leisure facilities for its Members. The Company has appointed a Management Team (the "Management") which shall be responsible for the operation of the Club in accordance with the Club Rules, as the same may be amended from time to time.
- Membership Terms
a) Individuals who are at least fourteen (14) years of age may apply for Club Membership. Applicants must accomplish the application forms and other documents as may be required by the Club. In addition to the documents mentioned in the immediately preceding sentence, it is mandatory for applicants who are below eighteen (18) years of age to accomplish the Parental/Guardian Consent portion and have the same duly signed by their parents/s or guardian.
b) Membership is personal to the member and is non assignable, non-transferable and non-refundable. A member may not loan his/her membership card to be used by a third party. The Company may assign the benefit of these agreements to any person, firm or company at any time without notice to the member.
c) All new memberships and membership transfers are subject to the approval of the Management. The Management reserves the right to reject an application for membership to the Club for any reason whatsoever.
d) Upon acceptance, the member will be issued with a membership card (which shall remain the property of the Company) and the member shall be entitled to all the rights and privileges under the class of membership. If a membership card is lost or misplaced, the Management will issue a replacement card at a nominal charge.
e) Comfort Guarantee - You have a 'comfort guarantee' period of 7 days commencing from the date a Contract is formed, or in case of new club, the grand opening date. If you wish to utilize this period to cancel your membership, you are required to tell us in writing (preferably on the form supplied by us) that you want to cancel your membership during your Comfort Guarantee Period. Fees paid, including the Monthly Dues, Initiation Fees and Body First (if applicable) will be retained but we will release you from completing the minimum commitment period you have signed. Membership is non-transferable during the comfort guarantee period. After the Comfort Guarantee Period ends, if you wish to terminate/cancel the Contract, you must pay certain fees. The particular amount of fees payable varies depending upon the reason that you are terminating the Contract. Please refer to the cancellation provision as outlined for full details in relation to your right to cancel your membership and the fees payable in those circumstances.
f) Membership Categories
i) Platinum - allows use of all Fitness First health clubs in the Philippines. This membership also allows you 30 complimentary visits every calendar year to clubs in:
- Fitness First Asia
- Fitness First Australia
- Fitness First Middle East
ii) Premium Passport - allows you access to 7 Fitness First premium clubs in the Philippines
iii) Home - allows use of the club in which membership was registered.
iv) Gym Membership (Home) - allows use of one Fitness First club and access to Cardio and Free weights Areas, Pin loaded machines, sauna/ steam, unlimited refreshments, wifi, member's lounge, toiletries, Boditrax assessment, New Member Induction, showers and electronic locker system.
iv) Under the Lifestyle Plus Membership, a Member binds himself or herself to maintain Membership in the Club for a minimum period of eighteen (18) full months from the commencement of his or her Membership (the “Minimum Commitment Period”), in accordance with Freezing Membership section.
v) Under the Lifestyle Membership, a Member binds himself or herself to maintain Membership in the Club for a minimum or fixed period of twelve (12) full months from the commencement of his or her Membership (the “Minimum Commitment Period”), in accordance with Freezing Membership section.
vi) Under the Premier Membership, a Member binds himself or herself to maintain Membership in the Club for a minimum period of five (5) full months from the commencement of his or her Membership (the “Minimum Commitment Period”),in accordance with Freezing Membership section.
vii) Under the Flexifit membership, a Member binds himself or herself for a minimum of one (1) calendar month commitment from the commencement of his or her Membership. This membership does not qualify for 7 days comfort guarantee and membership can be cancelled on or before 25th of the month. Member does not qualify for freeze option and cannot be combine in conjunction with other promo or discounted memberships such as Young Gen, Corporate and We Want You Back.
g) Any member wishing to enter the club without a valid membership card will only be admitted at the absolute discretion of the Management.
- Membership Agreement / Contract Form
Fitness First Membership Agreement/Contract is available in a paper contract or digital contract.
a) A digitally/electronically signed contract and paper signed contract are legally recognized and shall not be denied of its legal effect, validity, or enforceability.
b) You will be given a copy of digital signed contract upon joining via email that you have provided to us. Alternatively, you may request to have a printed copy from the Club upon joining.
c) A paper form contract may be used at the discretion of the Club. A copy of your signed contract will be scanned and attached to your membership profile.
- Membership Fees
a) Upon acceptance of Membership and as a condition for the enjoyment by a Member of his or her privileges as a Club Member, the Member shall pay a monthly fee (the “Monthly Dues”). The Member shall be required to pay the Monthly Dues in advance by automatic debit of his or her credit card or debit card, or by way of post-dated checks. In this regard, the Member shall execute any and all authorizations and documents as may be required by the Club. If for any reason, the Club is unable to collect the Monthly Dues through the automatic debit of the Member’s credit card or debit card, such as when the credit card or debit card has been closed or terminated, or has expired, or the post-dated checks cannot be successfully encashed through no fault of the Club or its authorized representatives, the Member shall immediately pay the Monthly Dues over the counter subject to the payment of a collection charge.
b) The Management reserves the right to charge an additional processing fee in the event that an alternative payment method is used other than the payment method indicated in the Membership Agreement.
c) Notwithstanding the provisions of above clause, and to ensure that the Club is able to collect Monthly Dues, the Member hereby authorizes the Club and the Club shall have the right to manually key-in a Member’s credit card for the purpose of debiting the available credit balance, should the same be insufficient to settle the payable Monthly Dues.
d) The credit card authorization amount must be sufficient to cover: (i) at least three (3) months worth of Monthly Dues; and (ii) applicable late payment fees. On occasions, bank delays may cause a Member’s credit card or debit card to be inactive for several months. In this case, Members may make payments directly at the Club. Members are required to periodically update his or her billing details and contact information with the Club. In case of changes thereon, Members should advise the Club immediately. The Company may increase the frequency of billing runs at any time to collect arrears.
e) The Management reserves the right to increase the Monthly Dues regardless of the option availed and whether the Membership be under a corporate account or an individual account, subject to giving thirty (30) days notice to the members by posting such notification in the Club, or by whatever means is deemed appropriate at the time. The Monthly Dues are subject to automatic increase taking into consideration the inflation rate, which increase shall take effect after the end of the Minimum Commitment Period and every year thereafter commencing from the date of the first annual increase.
f) If membership fees are increased, the Member hereby authorizes the Company to increase the amount of any automatic debit instructions given by the Member (upon joining or as indicated in the most recent Amendment Form, whichever comes later). In connection with such authorization, the Member hereby agrees to execute such forms or documents necessary to give effect to this clause.
g) All fees are inclusive of applicable Value Added Taxes unless specifically exempted or subject to zero rating under special laws. In which case, the Member shall provide: (i) the relevant documentation acceptable to the Company to prove such tax exemption or zero rating; and (ii) such indemnities necessary to hold the Company free and harmless from any claims or suits arising from the Member’s claim of tax exemption or zero rating.
h) (1) Failure to: (i) visit the Club; or (ii) use the Club’s facilities, equipment, services or amenities; or (2) non-use of the Club’s facilities, equipment, services or amenities; or (3) non-availment of or non-attendance in classes offered by the Club, shall not excuse the obligation of the Member to pay all membership dues and fees in a timely manner.
- FREEZING MEMBERSHIP
a) In the event a Member shall be subject to a prolonged absence from the Club, the Member may apply at any Club to “freeze” his or her Club Membership; provided that, at the time of application for freezing: (i) the Member does not have any unpaid obligations to the Company; (ii) the Member is of good standing; and (iii) the Member has been a Member for a period of at least three (3) months. Freezing must be approved by the Management and will only be approved for genuine reasons of inability of the Member to use the Club facilities, equipment, services or amenities.
b) The Member must request from the Management in writing at least one (1) full calendar month prior to the effectivity of the proposed freeze period. For purposes of these Club Rules, “one (1) full calendar month” shall mean the period from the first day of a given month up to the last day thereof. The written request for freeze must state the reason/s and the proposed freeze period. The Member acknowledges that the Management is not obligated to approve a request for freeze in case of failure to comply with the procedure outlined for freezing Membership.
c) A Member is entitled to freeze his or her Membership for a minimum period of one (1) month and a maximum period of up to twelve (12) months, consecutively or non-consecutively. In no event shall the freeze period be counted for the purpose of determining whether the Member has complied with his or her Minimum Commitment Period.
d) The freeze period shall always start on the first (1st) day of the month and shall end on the last day of the month.
e) The Member shall not be entitled to: (i) any of the rights and privileges exercisable by the class of Membership for which his or her application has been accepted; nor (ii) use a Guest Pass in order to avail of the facilities, equipment, services or amenities of any Club, during the approved freeze period.
f) Upon approval of the request for freeze, the Member shall not pay the Monthly Dues during the approved freeze period. However, the Member is required to pay a fixed freeze fee set by the Management, which freeze fee may be changed from time to time.
g) The Member may, at any time during the freeze period, request to “unfreeze” his or her Membership, provided that, the Member shall pay the pro-rata membership dues of the month before the end of the freeze period.
h) Once the freeze period ends, the obligation of the Member to pay the applicable Monthly Dues shall automatically be reinstated without need of demand or notice.
- TERMINATION OF MEMBERSHIP
a) A Member may only voluntarily terminate his or her Membership: (i) upon completion of the Minimum Commitment Period; (ii) upon settlement of all obligations; and (iii) by giving written notice to the Club which notice must be acknowledged by the Club at least one (1) full calendar month prior to the effectivity of the proposed termination. For purposes of these Club Rules, “one (1) full calendar month” shall mean the period from the first (1st) day of a given month up to the last day thereof. All complimentary memberships, free months promotions and GSR redemption are not included in the counting of the Minimum Commitment Period.
b) If a Member wishes to voluntarily cancel his or her Membership for any other reason before the end of the Minimum Commitment Period, he or she may do so: (i) by giving written notice to the Club, which notice must specify the reasons for cancellation and which notice must be acknowledged by the Club at least one (1) full calendar month prior to the effectivity of the proposed cancellation; and (ii) upon payment of a cancellation fee equivalent to the monthly membership fees listed on the overleaf multiplied by the number of remaining months (or part thereof) necessary to meet the required Minimum Commitment Period, to be computed from the date upon which the Member wishes to cancel his or her Membership.
c) Prior to the effectivity of the cancellation or termination of Membership, the Member shall continue to pay the Monthly Dues.
d) Upon cancellation or termination of Membership, the Membership Card must be returned to the Club and the Member shall no longer have any rights or privileges with regard to the Club nor shall he or she be entitled to use any facilities, equipment, services and amenities of the Club. In no event shall a Member cancel or terminate his or her Membership then rejoin at a lower monthly dues rate in newly opened or other Clubs owned or operated by the Company.
- PHYSICAL CONDITION OF MEMBER
a) The Member warrants and represents that he or she is in good physical condition and that he or she knows of no medical or other reason why he or she is not capable of engaging in active or passive exercises and that such exercises would not be detrimental to his or her health, safety, comfort or physical condition. The Member further represents that he or she suffers from no physical or mental impairment that would prevent his or her use of the Club’s facilities or equipment or adversely affect his or her decision to participate in any activity at the Club.
b) The Member shall not use any Club facilities or equipment whilst suffering from any infectious or contagious illnesses, disease or other ailment, including (without limitation) open cuts, abrasions, open sores or minor infection, where there is a risk that such use may be detrimental to him or the health, safety, comfort or physical condition of the other Members. The Club reserves the right to refuse entry of any Member for safety, health and security reasons and each Member agrees to hold the Club and the Company free and harmless from any and all claims, damages or liability arising from such refusal.
c) The use of all facilities and equipment within the Club is entirely at the risk of the Member. Use of the specialist facilities and equipment within the Club may result in harm to the user, especially if the user is not familiar with the proper use of such particular facilities or equipment. A Member should not use any of the facilities or equipment if he or she is not familiar with the safe and proper use thereof.
- EXPULSION OF MEMBER
a) The Management may terminate the Membership of any Member in any of the following:
i. Without notice and with immediate effect, if the Member’s conduct, whether or not such conduct is the subject of a complaint by another Member or Members, is such that in the reasonable opinion of the Management, it poses a threat to the privacy, security, safety or health of the other Members of the Club, or its directors, officers, employees or agents, or may be injurious to the name, brand, character, reputation, goodwill or interest of the Club or its Members.
ii. Without notice and with immediate effect, if the Member shall have committed any breach of the Club Rules as are from time to time in force.
iii. Without notice and with immediate effect, if the Club believes the Member is soliciting, selling or conducting Personal Training services without formal consent from Management.
iv. Without notice and with immediate effect, if the Club believes the Member is soliciting or conducting business or selling merchandises or services within the premises of the Club or using the name, brand, character, reputation, goodwill or interest of the Company without formal consent from Management.
v. Without notice and with immediate effect, if any amount due from the Member, such as, but not limited to, dues, locker fees, service charges or any other payment required under the Club Rules, remain unpaid on the due date thereof.
vi. Without notice and immediate effect, if in the reasonable opinion of the Company, a Member has committed a crime or offense or has violated or is perceived to have violated any laws of the Philippines such that the reputation of the Company and the safety and protection of its other Members are deemed to be compromised.
vii Upon notice in writing, if the Company is of the opinion that the Member is not suitable or unit for continued Membership in the Club.
b) All decisions of the Management under this clause shall be final and binding. A Member whose Membership is cancelled or terminated by the Management shall forfeit all the privileges of Membership with immediate effect. As a consequence of such cancellation or termination, the Member shall forfeit any and all amounts which have been paid to the Club without right to claim for any refund, including the Joining Fee, Administration Fee or Monthly Dues for the month within which the cancellation or termination occurs. On cancellation or termination of his or her Membership, the Member shall forthwith return his or her Membership Card and any other Club property provided or assigned to the Member by the Club and shall settle any outstanding amounts owing to the Company. Neither can said Member use a Guest Pass in order to use or avail of the facilities, equipment, services or amenities of any Club. If the Members’ Membership is cancelled or terminated by the Club under this clause prior to the completion of the Minimum Commitment Period, the Member shall by way of liquidated damages, pay the Club an amount equivalent to the total Monthly Dues payable from the cancellation effectivity up to the completion of the Minimum Commitment Period. For this purpose, the Member hereby authorizes the Club and the Club shall have the right to automatically debit the credit card or debit card of the Member. The Club reserves the right to exercise any and all remedies provided herein and under the law arising from a breach by the Member of the terms and conditions of the Club Rules.
a) Members bringing guests to the Club shall ensure that their guests secure a Guest Pass and pay the current and applicable Guest fee. By doing so, the Guests agree to be bound by the Club Rules as well as any and all restrictions, disclaimers and terms provided therein (and in the Guest Pass). Admission of a Member’s Guest to the Club is subject to the discretion of the Management and upon such other terms and conditions as the Management may impose.
b) A guest pass may be used only once per club and not for multiple entries to one particular club.
c) Guests will have the same Membership privileges (except personal training) as the Member who brings them and who must accompany them at all times. Guests will be subject to the Club Rules, including the limitations of liability of the Club, as the Members accompanying them. The Member shall be fully responsible for the conduct of his or her Guests while within the Club premises. It is also the responsibility of the Member bringing a Guest to ensure that his or her Guest complies with the Club Rules.
d) The Management reserves the right to exclude any Guest from the Club without giving any reason therefor. The Management reserves the right to change the fees payable by the Member’s Guests.
- HEALTH AND SAFETY
a) All members are encouraged to fix an appointment to undertake a fitness evaluation conducted by a Fitness Instructor before starting an exercise program.
b) Members should be considerate of other Members and wipe down equipment with a hand towel and not unduly spend time using any specific equipment so as to allow other Members use thereof especially when the Club is full.
c) Fitness Instructors are authorized to stop anyone from exercising if he/she is considered exercising in a manner that may result in personal injury or/and injury to others. Users must abide by the instructions of the Fitness Instructor.
d) In the interest of health and hygiene, all Club users are requested to shower prior to entering the sauna and/or steam room.
e) Members or Guests may not use the facilities of the Club whilst under the influence of alcohol or illegal or prohibited drugs under applicable laws.
f) Smoking is not permitted in any part of the Club.
g) The Club shall inform the Members of other rules and regulations in using the Club facilities from time to time.
- OPERATION HOURS
The Club’s normal hours of operation shall be indicated at the Club entrance and notice board. The Management reserves the right to adjust the operating hours of the Club or close the Club (all or any part thereof) for the purpose of cleaning, decorating, repairs and maintenance or for special private functions and holidays.
The Management shall endeavor to give reasonable notice of any lengthening or shortening of the operating hours of the Club or any closure of the Club.
- DRESS CODE
All Members and Guests are required to wear proper gym attire when using the Club facilities, equipment, services or amenities. A top is required that covers the chest area. No torn clothing items are permitted. Closed toe, non-marking rubber soled shoes are required at all times in the gym floor and in the group exercise studios.
- CLUB FACILITIES
a) Certain complimentary drinks may be provided to the Members. These drinks are for refreshment within the Club premises only. Members shall not take the drinks outside the Club. The provision of complimentary drinks shall be upon the sole discretion of the Company. The Company hereby reserves the right to change and/or remove certain or all complimentary drinks without prior notice to the Members. Members and their Guests are not permitted to bring their own food and/or drinks into the Club.
b) Lost property found on the Club premises will be held by the Club for a period of two (2) weeks from discovery, after which the Management reserves the right to dispose of the items in any way it sees fit. No claims shall be entertained after this period.
c) The Management reserves the right to use any individual or group photograph of Members and/or Guests for advertising or promotional purposes.
d) The Management may from time to time tour potential Members around the Club and allow them to use the Club facilities on a trial basis.
- PRIVATE LOCKERS
a) Private lockers are available for rental on a monthly basis at the prevailing monthly fee as may be determined by the Management. The Management reserves the right to change the rates of the monthly rental for the lockers subject only to prior notice to the Member. Locker monthly rental fees shall be paid in advance over the counter or byautomatic debit of the Member’s credit card.
b) The Member shall be given a locker key upon the commencement of the locker rental. The locker key shall remain the property of the Club and must be returned to the Club upon cancellation or termination of the locker rental or cancellation or termination of Club Membership, whichever comes first.
c) Should the Member voluntarily cancel or terminate the lease of any locker, the Member shall give the Home Club at least thirty (30)-day advance notice in writing. The Member shall not be entitled to a refund of the rental fees he or she has paid should he or she decide to cancel or terminate the locker rental.
d) The Member shall also remove all his or her personal belongings from the lockers upon the cancellation or expiration of the locker rental. The Member hereby authorizes the Management to open and clean the locker of any and all of the Member’s belongings on the day immediately following the cancellation or expiration of the Member’s locker rental. The Management shall have the right to dispose of the Member’s belongings in any way it sees fit.
e) In the event of the loss of the locker key, the Member shall immediately notify the Club thereof and the Club shall issue replacement locker key subject to the payment of fees.
f) Members are prohibited from subletting or assigning their lockers to other Members or Guests.
g) Lockers are provided for use whilst exercising and will be cleared daily once the Club has closed for the day. The lockers provided are not security lockers, thus all valuable items should be secured by the Member through means other than leaving them inside the locker.
h) Once the Club is closed, all daily lockers will automatically be opened for cleaning. All items found will be placed in the lost and found section. An overnight storage fee will be incurred by the Member prior to the return of the item/s found inside the locker. All items recovered must be properly identified by the Member-owner prior to the item/s’ subsequent release.
i) The Management shall not be responsible for any loss or damage to Member’s property contained in the locker. Members shall not use the lockers for the storage of valuable items, hazardous items, or any items which are prohibited to be owned or possessed under applicable laws.
- PROVISION OF PERSONAL DATA
a) The Company recognizes the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
b) You understand, acknowledge and consent to the Company processing, collecting and using your personal data for the following purposes:
i. Processing, administering and managing your Fitness First Contract and any membership benefit programs;
ii. Processing any transactions or payments made by you and to maintain payment records;
iii. Contacting you or communicating with you via telephone call, text message, email and/or postal mail for the purposes of processing and administering and managing your Fitness First Contract and any membership benefit programs;
iv. For publicity purposes and conducting research, analysis and development activities (including but not limited to data analysis, surveys and/or profiling) to improve our services and facilities in order to enhance the services we provide to you, where you have consented for the Company to do so;
v. Record-keeping purposes;
vi. Responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;
vii. Complying with DPA 2012 and any applicable law, regulation, legal process or government request; and h. Storing, hosting and/or backing up (whether for disaster recovery or otherwise) your personal data, whether within or outside Philippines
c) Your personal data may be used, disclosed, maintained, accessed, processed and/or transferred to the following third parties whether sited in Philippines or outside of Philippines for one or more of the of the purposes set out above:
i. The Company’s head office, affiliates and subsidiaries;
ii. Any of the Company’s agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to those third party service providers which have been engaged by the Company to: (1) to provide and maintain any IT equipment used to store and access your personal information (2) to operate; or (3) otherwise provide
membership services or benefits to you;
iii. The Company’s auditors and legal advisors;
iv. Financial Institutions, credit card companies and payment processors; and
v. Public and government/regulatory authorities, courts and other alternative dispute forums.
d) If you have questions regarding this particular matter, please send an email the Data Protection Officer at email@example.com.
a) The Management may, at its sole discretion, amend, vary, delete or add to the Club Rules with immediate effect. Members will be advised of any changes by notification on the Club notice board.
b) The Club Rules shall be governed by and construed in accordance with the laws of the Philippines. Venue of any action arising under the Club Rules shall exclusively be in the proper courts of the City of Taguig, Philippines, all other available venues of suit being waived.
c) The Company’s failure to insist on strict compliance with all the Club Rules shall not be deemed a relinquishment or waiver of the Club Rules, nor shall it be construed as a condonation of any later breach or violation of any of the Club Rules.
d) All brandings, design, logos and club interior, including the classes offered by the Company follow Fitness First International brand manual. Any guests or Members are not allowed to photograph, video, or copy any club interior designs, advertising or promotional materials, tag lines or theme, or the conduct of classes. The Company reserves the right to proceed with legal action against any Member caught distributing, sharing or supplying such contents to any third party, whether a vendor or competitor.
- LIMITATION OF LIABILITY
a) Each of the Company, the Management, the Club or any of its respective directors, officers, employees or agents shall not be responsible for any claims, demands, damages, losses, loss of profits or business, actions or legal proceedings due to or otherwise arising from death, injury loss, damage or theft to a Member’s person or property attributable to, arising out of or otherwise in connection with the use by a Member or any other Member of any of the services, facilities, equipment, amenities or premises of the Club. The Member hereby holds each of the Company, the Management, the Club or any of its respective directors, officers, employees and agents free and harmless from any and all claims which may be brought against them by a Member or on a Member’s behalf for any such injuries or claims as aforesaid and all costs and expenses incidental thereto.
b) Each Club Member undertakes that he or she shall notify all Guests which he or she shall bring to the Club of the foregoing rule as set forth in above clause and each Member represents to the Club and the Company that his or her Guests agree to abide by the Club Rules and be subject to the same limitations of liability as a Member of the Club.