BANGSAWAN FITNESS STANDARD
TERM AND CONDITIONS FOR MEMBERSHIP

1) Terms & Conditions

The following terms & conditions govern the rights and obligations of BANGSAWAN FITNESS SDN BHD and members thereof.

2) Bangsawan Fitness Clubs in Malaysia (“The Club”)

The Club is operated by BANGSAWAN FITNESS SDN BHD with a business address at No. 6-1 & 8-
1, Jalan Puncak Alam Jaya 16, Pusat Perdagangan Puncak Alam Jaya,42300 Puncak Alam, Selangor, whose principal objective is to provide health and leisure activities for frequent. If, over a two-month period, you use another club more than your home club, we will transfer your membership to the club that you use most often without any notification to you. The company has appointed a Management Team (“The Management”) who are responsible for the operation of the club.

3) Membership Terms

a) 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.

b) 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.

c) 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, management will issue a replacement card at a nominal charge.

d) Any member wishing to enter The Club without a valid membership card will only be admitted at the absolute discretion of the Management.

e) Comfort Guarantee- You have a “Comfort Guarantee” period of 14 days commencing on the date the Contract is formed, or in case of a new club’s 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 provided by us) that you want to cancel your membership during your Comfort Guarantee Period. We will cancel your contract, the monthly dues, and startup fees will not be refunded. The unused sessions (PT/Fitness Program purchases) will be refunded. Membership is non-transferable during the Comfort Guarantee period. After the comfort Guarantee Period ends, you must pay certain fees to us if you wish to terminate/cancel the Contract. 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) Memberships are available to individuals who have attained a minimum age of 14 years old. A parent/guardian for any applicant below 18 years and above 14 must sign an agreement/paper contract or digital contract as consent for the minor to join the Club(s)and abide by the Rules and Regulations. Alternatively, the parent/guardian may produce an assigned Letter of Consent to The Club.

4) Membership Agreement/Contract/Form

a) BANGSAWAN FITNESS Membership Agreement/Contract is available in a paper form contract or digital contract. 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 the digitally 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 the signed contract will be scanned and attached to your membership profile.

5) Membership Fees

a) All members shall pay an initial Joining Fee and Administration Fee in the sum specified, which are non-refundable, and shall become due immediately upon being accepted as a member. Joining Fee and Administration Fee are subject to change without notice.

b) Initial fees and Membership fees are non-refundable upon resignation or termination for any reason whatsoever.

c) Monthly subscription is payable on the 1st of every month through credit/debit arrangements as indicated in the front of the Membership Application Form upon joining(or on a separate Action-Form-whichever the most current). RM15 late payment fees will be imposed thereafter per outstanding month. Furthermore, for credit card payers, by entering the card details onto our secured enrolment platform, you agree that the tokenized card details will be stored as cards on file for recurring and arrears payment. We reserve the right to adjust your monthly subscription fee to the prevailing Direct Debit/Cash rate at this time.

d) Failure to use or non-usage of The Club facilities does not eliminate the obligation to pay all subscription fees and outstanding charges promptly on time.

e) The credit/debit card authorization amount must be sufficient to cover at least three months’ subscription outstanding plus late payment fees. On occasions, bank delays may cause your credit/debit card to be inactive for several months. In this case, you may make payments directly to The Club. Please always update your billing details and contact information with The Club. BANGSAWAN FITNESS may increase the frequency of billing runs at any time to collect the arrears.

f) The Management reserves the right to deny access if the dues are in arrears and to cancel any membership on which fees are unpaid for a month more. Legal action will be taken to recover outstanding dues from the member.

g) Any lapse in membership will require the member to re-join at the prevailing InitiationFees.

h) Membership Fee

  1. Price Promise: BANGSAWAN FITNESS agrees not to increase the Member’s monthly dues within their Minimum Contract Period (MCP).
  2. Thereafter, BANGSAWAN FITNESS reserves the right to increase prices of any existing membership option whether individual or under a corporate account, subject to giving 30days-notice to the Members by posting such notification in The Club, or by whatever means deemed appropriate at the time.
  3. Monthly Membership dues are payable in advance through the auto-pay system or standing instruction toward your bank account. BANGSAWAN FITNESS reserves the right to change the nominal fee in the event of late payment due to unsuccessful collection for whatever reason, or in the event that an alternative method of payment is used.
  4. If membership fees are increased, you hereby authorize the Company to increase any autopay instruction that is indicated in the front of the Membership Application Form upon joining (or on a separate Action Form-whichever is the most current) accordingly.
  5. Monthly membership dues payable under the Contract, are not included of Service Tax. If the rate at Service Tax charged changes, then the fees payable under the Contract will increase or decrease by the amount by which the Service Tax amount increases or decreases. This increase or decrease will occur even if you are within your minimum term.

6) Freezing Membership

a) Members may ’Freeze’ their memberships by continuing to pay a prevailing ‘Freeze Fee’per month depending on your membership category. Freeze Fee is payable in advance.

b) A member must give notice to The Club by the 20th of the month prior to the first day of the freezing month. Backdating freeze is not allowed. Freeze requests shall be processed byThe Club’s staff. A written confirmation shall be issued by The Club to confirm the freeze period.

c) The freeze period must be not less than the duration of 1 month or a maximum 12 months and the member needs to be an active paying member for a minimum of 3 months after joining. The time freeze period always starts on the 1st day of the month and ends on the last day of the month.

d) The freezing period does not count towards the minimum term. Freeze may not be used in respect of the notice period for cancellation of membership. Members may not use the club facilities during this freezing period unless you unfreeze your membership by paying the pro-rata dues of the month before the end of the freezing period. Your frozen membership will be reactivated to a full paying membership automatically upon the expiry of the freeze period.

7) Termination of Membership

a) Cancellation /Termination Within Minimum Term for Medical or Relocation Reasons:

  1. You can only cancel your membership prior to the expiry of the Minimum Term if you become subject to medical incapacity, if you relocate to an area, not within50 kilometers of a BANGSAWAN FITNESS Club or if we make changes to the contract which adversely affects you. For cancellation due to medical incapacity or relocation, you will only be permitted to cancel your membership if you produce supporting documentation to our satisfaction (in case of medical reasons by a qualified medical practitioner certifying that you are permanently sick or incapacitated from undertaking any exercise regime for a period of 12months or the remaining term of your membership, whichever is longer and in the case of relocation, by a real estate or similar agent certifying your relocation). The departure fee will be charged depending on the number of months left on the contract as stated below.
  2. Cancellation ‘Departure’ Fee (this may be waived in special circumstances (e.gbankruptcy): This fee converts your membership to a short-term option (which would have been offered to you upon joining) to allow cancellation of your contract within the minimum term period and is only offered for the reasons outlined above. For the remaining time of 1-4 months, RM199 will be payable. The Management reserves the right at any time to vary the cancellation‘Departure’ Fee to be charged.
  3. One full calendar month’s advance cancellation notice is applicable in addition to the cancellation fee payment

 

b) Termination On or After the Minimum Term

  1. You can terminate your membership on or after the minimum term if you give us one full calendar month’s advance notice (calendar month begins from the 1stday of the month).
  2. You must be aware that
    (a) Termination takes effect on the last day of the month following our receipt of your notice. You must walk into your club to request for cancellation.
    (b) You shall receive a cancellation request receipt/form from our Club to acknowledge your request.
    (c) You are required to meet our Club staff in person before the application is processed. If you have provided us with your email address, you will receive an email to confirm your cancellation.
    (d) All outstanding fees must be paid before the cancellation of your membership can be processed. You cannot claim the Membership Time Freeze and skip the calendar month notice period. To be clear, a Time Freeze is not available during your notice period.
    (e) Termination of a membership that has been frozen/time-restricted shall be subjected to full original monthly dues for the notice period.
    (f) Where either of us terminates your membership, any fees that you have not paid (for example if you had not paid for the previous months), will need to be paid or we may take action to recover the outstanding payments.
    (g) We can refuse your entry to The Club whenever your payments are not up-to date.

8) Physical Condition of Member

a) Our staff, agents and subcontractors are not medically qualified, so if you have any doubts about your fitness or capability to exercise, we strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for using all club facilities in the correct manner. If you are not sure how to use any equipment, always ask a member of our staff.

b) The member warrants and represents that he/she is in good physical condition and that he/she knows of no medical or other reason why he/she is not capable of engaging in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition.

c) The member shall not use any Club facilities whilst suffering from any infections or contagious illness, disease, or another ailment such as open cuts, abrasions, open sores, or minor infection, where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other members. Members and their guests exercise and use the facilities at their own risk and are advised to consult their physician prior to commencing any type of physical exercise

9) Expulsion of Members

a) The Management may terminate the membership of any member:

  1. Without notice and with immediate effect, if a member’s conduct whether or not, such conduct is a subject of a complaint by another member or members, is such that in the reasonable opinion of the Management, it is harmful to the character and/or interest of the Club or the safety of its members.
  2. Without notice and with immediate effect, if the member shall have committed any breach of these rules or of the Rules and Regulations as are from time to time enforced. If any monthly membership fees or locker fees remain unpaid after the due date for payment. Upon notice in writing, if the Company is of the opinion that the member is not a suitable individual for continued membership of The Club.
  3. Without notice and with immediate effect, if the member is found to have violated the privacy of any other member within the shower and the changing rooms or a caught in lewd or compromising actions.

 

b) A member whose membership is terminated by the Management shall forfeit all the privileges of membership with immediate effect without claim of any refund of his/her initial Registration Fee or Monthly Membership dues, other than any other monthly membership dues paid in advance. On termination of his/her membership, the member shall return forthwith his/her membership card and any other evidence or property of membership provided to that member by The Club and shall settle any outstanding debts.

10) Guest

a) Member introducing guests shall ensure that their guests complete a guest pass and pay the current guest fee for One Day Pass.

b) The Management reserves the right to exclude any guest from The Club without giving any reason for doing so and change the charges levied or guest passes from time to time.

11) Health & 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 the equipment with handtowels.

c) Fitness Instructors/personal trainers are authorized to stop anyone from exercising if he/she is considered exercising in a manner that may result in personal injury on/and injury to others. Users must abide by the instructions of the Fitness Instructor or personal trainer.

12) Club Facilities

a) The Management accepts no responsibility for loss or damage to members’ contents kept in daily/private lockers for any reason whatsoever.

b) The use of mobile phones with camera features and/or any other types of visual recorders changing rooms is strictly prohibited. Members breaching this rule will be handed over to the Authorities to be dealt with accordingly.

c) Certain complimentary drinks are provided to members for consumption within the premises only. Members and guests are not allowed to bring their own food and/or drinks into The Club.

d) The Management may from time to time show potential members or others around the club and allow them to use The Club’s facilities on a trial basis and reserves the right to do so.

e) Locker/Key/Membership Card – A nominal fee is chargeable for any loss/damaged towel/locker/key/membership card.

13) Provision of Personal Data

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

b) You understand, acknowledge and consent to the Company processing, collecting, and using your personal data for the following purposes:

  1. Processing, administering, and managing your BANGSAWAN FITNESS Contract and any membership benefit programs
  2. Processing any transactions or payments made by you and to maintaining payment records.
  3. Contacting or communicating with you via a telephone call, text message, fax message, email, and/or postal mail for the purposes of processing, administering and managing your BANGSAWAN FITNESS Contract and any member benefit programs.
  4. For publicity purposes and conducting research, analysis, and development activities,(including but not limited to data analytics, 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.
  5. Record-keeping purposes
  6. Responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints and claims.
  7. Complying with any applicable law, regulation, legal process or governmental request and
  8. Storing, hosting, and/or backing up (whether for disaster recovery or otherwise) your personal data whether within or outside Malaysia.
  9. Your personal data may be used, disclosed, maintained, accessed, processed, and/or transferred to the following third parties whether sited in Malaysia or outside of Malaysia for one or more of the purposes set out above.
    (1) The Company’s head office, affiliates, subsidiaries:
    (2) 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: (a) provide and maintain any IT equipment used to store and access your personal information; (b) to operate, or (c) otherwise provide membership services or benefits to you:
  10. The Company’s auditors and legal advisors:
  11. Financial institutions, credit card companies, and payment processors: and Public and governmental/regulatory authorities, courts, and other alternative dispute forums.

c) If you have questions regarding this particular matter, please refer to our staff.

14) Others

a) Soliciting and selling private personal training sessions or merchandise to any member are prohibited (unless first discussed with the gymnasium manager) and shall result in immediate termination of the member concerned

b) Daily lockers must be cleaned daily. Unclaimed or lost properties will be kept by The Club for a period of 1 week 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 photographs of members and/or guests for press or promotional purposes.

d) All members must abide by the term and conditions, rules of The Club, which may be amended, varied, deleted and added from time to time at Management’s discretion.

e) Failure by the Management to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.

f) These Rules shall be governed and construed in accordance with the laws of Malaysia and subject to the jurisdiction of Malaysia.

g) All brandings, designs, logos and Club interior belong to BANGSAWAN FITNESS SDN BHD. Any guests or members are not allowed to photograph or copy any Club interior designs, promotional materials, tag lines, or theme. BANGSAWAN FITNESS reserves the right to proceed with legal action to any member caught distributing, sharing, or supplying such content to any third-party vendor or competitor.

15) Limitations of Liability

a) In consideration for the Management accepting his/her application for membership of the club and for him/her becoming and remaining a member of The Club, the member agrees that:

  1. i) BANGSAWAN FITNESS accepts no responsibility for loss or damage to members’ or their guests’ properties or for death or injuries sustained while on the premises. Members and their guest agrees that no claims will be made against the Company, BANGSAWANFITNESS, the Management or staff for any reason whatsoever.
  2. BANGSAWAN FITNESS, its associated companies, employees, or agents shall not be responsible for any claims, demands, injuries, damages or actions for negligence arising on account of death or due to injury, loss, damage or theft to a member’s property arising out of or in connection with the use by a member of any of the services, facilities, on the premises of BANGSAWAN FITNESS. The member hereby holds the Company, BANGSAWAN FITNESS, its associated companies, employees and agents harmless from all claims which may be brought against them by or on a member’s behalf for any such injuries or claims aforesaid.
  3. Any guest of a member or a temporary visitor to The Club shall agree to abide with the club’s rules and the same limitation of liabilities for a member shall apply.
  4. You hereby acknowledge, represent and warrant that the usage of facilities at BANGSAWAN FITNESS involves risk of injury to You, other members, or guests whether caused by You or someone else. You understand and voluntarily accept the risk. You warrant and represent that you have consulted with a doctor before the start of any exercise programs. You agree to hold BANGSAWAN FITNESS, employees, directors, the Management harmless for any liabilities for injury including, without limitation, personal, physical, or mental injury, economic loss or any damage to You, or Your relatives as the consequence of your acts and the acts of anyone by using the facilitiesof BANGSAWAN FITNESS.
  5. You agree to be responsible for all liabilities and damage suffered for any injury sustained, including, without limitation, physical or mental injury, economic loss, or any damage to another member caused by You whether deliberately or otherwise or through negligence or omission. If any claim is made by anyone based by any injury, loss, or damage as described herein, which involves You and your guests. You agree to:
    (a) defend BANGSAWAN FITNESS, employees, directors, the Management against such claims and pay BANGSAWAN FITNESS, employees, the Management for all expenses including legal lees relating to the claim,
    (b) indemnify BANGSAWAN FITNESS, employees, directors, the Management for all liabilities to YOU and your spouse, unborn child, relatives, or anyone else resulting from such claims and
    (c) hold BANGSAWAN FITNESS, employees, directors the Management harmless from any claims, lawsuits, and indemnification.