LAST UPDATED: 11 January 2023

The following terms and conditions govern the rights and obligations of MUSCLEHUB Gym, Members, and Guests thereof. It is important that you have read and understood all the terms and conditions stated herein before signing this Agreement.

Each Member who signs will be individually and severally bound by the Agreement.

The Gym is operated by MUSCLEHUB (SSM Registration Number: IP0571567-X).

1. DEFINITIONS

QR Scan means using a phone to scan the code allowing you to enter the gym.

Administration Fee means any reasonable administrative costs incurred by us in relation to a Membership.

Agreement means this agreement, comprising the Details and the Terms.

Biller means MUSCLEHUB Gym or any other biller or payment service that processes payments of Membership Fees or alike.

Early Termination Fee means an amount equal to RM 200 or two (2) months of Membership Fees, whichever is the greater.

Class or Classes means a fitness class conducted at MUSCLEHUB Gym.

Member Portal means the online booking and reception system whereby Members can view and select a Class to attend, purchase a Membership and products, and manage their account.

Gym means any MUSCLEHUB Gym.

Gym Rules means any applicable rules regarding conduct and use of the Gym facilities and fitness equipment at MUSCLEHUB Gym. The rules are referred to in clause 5.3.

Details mean the details of your Membership, as set out in the Member Portal.

Fees or Membership Fees means the fees payable for a Membership.

Guest means any person who enters the Gym who is not a Member.

Instructor means any person who is instructing or assisting with the instruction of a Class.

Setup Fee means the one-time initiation fees you pay in order to become a Member of a Gym.

MUSCLEHUB Gym means MUSCLEHUB Gym (SSM Regstration Number: IP0571567-X) and their related body corporates.

2. MEMBERSHIP, FEES & TERMS

2.1. The Fees you have to pay and the terms of this Agreement are set out in the Details.

2.2. All Members shall pay a Setup Fee in the sum set out in the Details, which are non-refundable and shall become due immediately upon being accepted as a Member. Setup Fees are subject to change without notice.

2.3. Setup Fees and Membership Fees are not refundable upon cancellation or termination for any reason whatsoever.

2.4. Monthly Membership Fees is payable monthly upon the date of signing up through the credit or debit account indicated and authorized by you in the details upon joining.

2.5. Your Membership is personal and is non-assignable, non-transferable, and non-refundable. You agree that you will not loan or sell your Membership or otherwise permit it to be used by any third party.

2.6. You acknowledge and agree to the following:

(i) You are not entitled to cancel your Membership during the minimum commitment period except in the circumstances set out in clause 8 herein.

(ii) Unless cancelled in accordance with clause 8.2 of this Agreement, you shall be responsible and liable for all Fees due and owing under this Agreement throughout the term of this Agreement.

(iii) The Fees are non-refundable unless otherwise stipulated in this Agreement.

(iv) The Setup Fee paid for QR code is non-refundable under any circumstances whatsoever.

(v) The monthly direct debit/credit card auto-pay are payable during the minimum commitment period regardless of whether you use the facilities of the Gym. Provided that you are not in default of this Agreement and subject to the Terms herein, your membership will automatically renew on a monthly basis at the rate indicated in this Agreement unless the rate is revised in accordance with the terms of this Agreement. Under such circumstances, the monthly direct debit/credit card auto-pay will continue to be payable after the minimum commitment period regardless of whether you use the facilities of the Gym unless your membership is cancelled in accordance with clause 8.3 of this Agreement.

(vi) If you pay any Fees, by direct debit, then this will be through our Biller (not us).

(vii) By nominating a credit or debit account, you authorize our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement. The Fees will be debited from the credit or debit account authorized by you until you or the Gym 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 direct debit/credit card auto pay.

(viii) It is your full responsibility to keep your account details up to date and 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 and all administration fees and/or collection fees that may be imposed. The Gym reserves the sole and absolute discretion to debit/charge up to a maximum of three standard monthly dues without notice to you in the event the prior debits/charges are unsuccessfully processed.

(ix) If you do not make any payment when it is due, your Membership may be suspended, and you could be refused access to a Gym until all outstanding amounts have been paid.

(x) Your Membership may also be terminated if any Fees remain unpaid for an extended period. If collection or legal services are needed to recover any outstanding dues, you will be responsible for all costs of administration and collection, including solicitors' fees of the Gym and Musclehub Gym.

(xi) If the authorized credit or debit account is cancelled/closed or a payment amount is disputed, an administrative charge of RM 30.00 will apply for every unsuccessful billing attempt, and any other overdue monthly payment(s) shall immediately become due and payable by you.

(xii) You agree to pay a sum of RM30.00 as late fees in the event that your Fees is received past the due date and/or any fee associated with returned payments or non-payment of dues.

(xiii) Unless otherwise stated, prices stated in this Agreement are exclusive of GST and/or any other taxes and/or dues that may be chargeable under the prevailing and applicable laws. Where applicable, the Gym may charge GST and/or such other taxes and/or dues on the prices stated in this Agreement and you will be liable to pay the additional amount.

2.7. The Gym reviews the Membership Fees periodically and changes them from time to time. In the event there is any proposed change in the Membership Fees, at least fourteen (14) days ' prior notice will be given to you through the contact method you have provided to us. If you do not wish to accept an increase in your Membership Fees, you may cancel your membership in accordance with clause 8 of the Agreement herein. If you do not cancel your membership, you will be required to pay the revised Membership Fees from the date the change becomes effective, and your credit card or other payment(s) will be amended accordingly. For the avoidance of doubt, the Gym will only apply the new Membership Fees to you after the minimum commitment period.

3. HEALTH AND SAFETY

3.1. Our staff, agents, and subcontractors are not medically qualified, so if you have any doubts about your fitness or capability to exercise, Members and their Guest are advised to consult their physician prior to commencing any type of physical exercise. For safety reasons, you are responsible for correctly using all Gym facilities. If you are not sure how to use any equipment, always ask a member of staff.

3.2. When you become a Member and each time you use a Gym or participate in a Class, you must ensure that:

(a) you are in good physical condition and know of no medical or other reason why you should not exercise.

(b) you do not have any physical, medical, or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of:

(i) active or passive exercise; or

(ii) participating in a Class.

If unsure about any of the matters set out above, you should not use the Gym and/or participate in a Class until you have sought appropriate medical guidance and been given the go-ahead.

3.3. You shall not use the Gym and/or participate in a Class if:

(a) you have an infection, contagious illness, or physical ailment, such as an open cut or sore

(b) there is any other risk, however small, to other Members and Guests.

3.4. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE GYM IS NOT A FULLY SUPERVISED  FITNESS GYM AND YOU HEREBY AGREE TO CARRY OUT EXERCISES RESPONSIBLY AND WITH DUE CARE AND ATTENTION TO YOUR OWN MEDICAL, HEALTH, AND MENTAL CONDITION AT ALL TIMES.

3.5. YOU UNDERSTAND AND ACKNOWLEDGE ALL RISKS OF INJURY ARISING FROM IMPROPER USAGE OF ANY ITEM OF EQUIPMENT OR A FAILURE TO FOLLOW INSTRUCTIONS FROM AN INSTRUCTOR MAY RESULT IN INJURY OR DEATH.

3.6. You agree to give us all relevant personal, health, and fitness information both before and during the course of any exercise program or other activity.

3.7. You promise that the information you give us will be true and accurate and not misleading in any way.

3.8. We may suspend or cancel your Membership if we have reason to suspect that you have not complied with any part of this clause 3.

3.9. The minimum age for using the Gym is 16. People under the age of 18 are required to provide a signed consent from a parent or legal guardian confirming approval to exercise at the Gym.

4. PRIVACY

4.1. When you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information may be:

(a) transferred to and stored out of the country in which you reside, including to a country that does not have the same level of privacy protection as the country in which the Gym is located;

(b) disclosed to and used by other Gyms; and

(c) disclosed to and used by Musclehub Gym, the rights holder in relation to the Musclehub Gym brand, marks, and training programs.

4.2. By agreeing to these Terms, you consent to us collecting, using, disclosing, and dealing with your personal information in accordance with the Terms and our privacy policy. In particular, you consent to the transfer and storage of your personal information outside Malaysia and to the disclosure and use of your personal information to Musclehub Gym.

4.3. You can access our privacy policy by contacting us in writing at any time. You can access Musclehub Gym's privacy policy at https://musclehub.com/page/privacy-policy.

4.4. You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.

4.5. You understand that photos, films, videos, or audio recordings are sometimes taken of Members for press and/or promotional purposes. By agreeing to these Terms, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or by Musclehub Gym.

5. YOUR RESPONSIBILITIES

5.1. You warrant and represent to us that all information you have provided in the Details to us is true, accurate, and complete in all respects and is not misleading or deceptive in any way.

5.2. If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorization, appropriate action will be taken. For example, your Membership may be immediately suspended or cancelled, you may be banned from joining any Gym, and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.

5.3. For your health and safety and the health and safety of other Members, you must ensure that you comply with any direction given to you by an Instructor or any other staff member from time to time.

5.4. Gym Rules apply to everyone attending the Gym or participating in a Class. They are usually displayed in the Gym. Gym Rules form part of this Agreement so you must make sure you read, understand, and follow them at all times. If you break any of the Gym Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Gym Rules, we may suspend or cancel your Membership. If your breach causes us or another person costs, loss, or damages, you agree to pay for these.

5.5. You promise to take care to use the Gym and all exercise equipment safely and properly. If you are ever not sure how to operate any equipment properly, you must ask an Instructor, Personal Trainer, or another member of the Gym staff before you use it.

5.6. You agree to pay for any loss or damage to the Gym and its equipment caused by you or your Guest through a willful, wrongful or negligent act or as a result of your breach of this Agreement.

5.7. You agree to follow any reasonable direction of a member of Gym staff relating to health, safety or security, or related matters.

5.9. QR Codes are not transferable and if you allow your face to be used by another person this is a serious breach of your Membership Agreement. You will be immediately charged a RM50.00 per visit per person fee for any unauthorized Guest you allow into a Gym, and you agree to pay this fee.

5.10. If you do, the Face recognition will be immediately deactivated, and a fee will be charged to reactivate the Face recognition. You will be liable for all damage that you or another person causes to the equipment or physical infrastructure of the Gym under the entry of your Face recognition. You may be required to reimburse the Gym via the payment method used to pay your Fees.

5.11. The Gym reserves the right to terminate your Membership under clause 9, without notice and refund, if you repeatedly allow any unauthorized Guest into the Gym, that may result in a security and safety risk to other Gym Members and Guests, and the Gym considers a serious breach of your Membership Agreement.

5.12. You promise not to unnecessarily bring valuables into a Gym and agree that it is not the obligation of the Gym to look after the unattended property.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUSCLEHUB GYM WILL NOT BE LIABLE FOR THE LOSS OR THEFT, OR DAMAGE TO, ANY PERSONAL PROPERTY OF YOU OR YOUR GUESTS, INCLUDING WITHOUT LIMITATION ANY ITEMS LEFT IN LOCKERS, CHANGE ROOMS, OR ELSEWHERE IN ANY GYM.

6. COMMERCIAL ACTIVITY

6.1. You acknowledge that engaging in any commercial or business activities in the Gym, such as offering training services or selling goods in the Gym is prohibited unless the Gym grants you written permission to do so. If the Gym gives you written permission, the Gym can revoke this at any time.

7. MEMBERSHIP FREEZE

7.1. You may temporarily freeze your Membership for any reason if your account is up to date. You must be an active paying Member for a minimum of three months after joining.

7.2. The Membership may only be frozen in seven (7) days intervals by continuing to pay a prevailing freeze fee depending on your membership type. The freeze period must be for a period of not less than seven (7) days or a maximum of twelve (12) weeks annually. All freeze fees paid on your account are non-refundable.

7.3. The minimum commitment period will be extended to take into account the period during which your membership rights are frozen. For any freeze of paid in full memberships, the expiration of your then-current membership year will be extended to account for the freeze.

7.4. We may agree to freeze your Membership for more than the period noted in clause 7.2 for medical or hardship reasons but you must give us proof (such as supporting documents) to our reasonable satisfaction.

7.5. The granting of such request is at the sole and absolute discretion of the Gym and you may be required to pay a portion of the membership dues accruing during this period.

7.6. You may not use the Gym 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.

7.7. All freeze requests must be made in advance. No retroactive freezes are permitted.

7.8. Freeze may not be used in respect of the notice period for cancellation of membership.

8. MEMBERSHIP CANCELLATION

8.1 You may only cancel your membership during the minimum commitment period for medical or relocation reasons:

(i) Subject to clause 2, you may only cancel your Membership at any time by telling us in writing if you cannot use Gym because you contracted a serious illness or a permanent physical incapacity during the term of your Membership. You must produce supporting documentation in case of medical reasons, by a qualified medical professional certifying that you are permanently sick or incapacitated from undertaking any exercise regime for a period of 12 months or the remaining term of your membership, whichever is longer). This must be confirmed in writing by a doctor or other medical professional we reasonably agree to and you agree that we may contact the doctor or other professional for verification purposes.

(ii) Subject to clause 2, you may cancel and/or terminate this Agreement before the minimum commitment period by giving us thirty (30) days prior notice in person in the event that you permanently move your residence away from Malaysia. If you wish to cancel your membership due to relocation, we will require proof of our satisfaction with your new permanent residence and travel documentation.

8.2 If you cancel under clause 1, you may cancel your membership due to medical or relocation reasons prior to the expiry of the minimum commitment period subject to thirty (30) days prior notice in addition to an Early Termination Fee of RM 200.00 or two (2) months of Membership Fees, whichever is the greater.

8.3 If you wish to cancel your Membership on or after the minimum commitment period, you can cancel your membership by giving the Gym thirty (30) days prior notice (by completing a Cancellation Form) in person at the Gym. Cancellation will be effective at the end of the 30-day notice.

8.4 You must register the request for cancellation through the Member Portal. Please note removing a credit card from your account does not constitute canceling your Agreement.

8.5 All outstanding fees must be paid before the cancellation of your Membership can be processed. If your account is frozen, you will not be able to request for cancellation.

8.6 If your Agreement is for a fixed term, it will continue after the end of that term unless you give the Gym thirty (30) days prior notice. If you tell us before the end of the term but it is less than 30 days before, your Membership will continue for one month before it ends.

9. TERMINATION

9.1. In addition to our other rights under this Agreement, we may terminate your Membership if you breach any obligation under this Agreement that can't be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time.

9.2. If we terminate your Membership under this clause 9, you will be liable for Fees incurred, i.e., your Fees for the time you were a Member (calculated on a pro rata basis). We may also charge a Termination Fee and recover costs, loss, or damages caused by your breach.

9.3. You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Fees for an extended period. We may terminate your Membership if you become bankrupt or insolvent.

10. OUR LIABILITY

10.1. If you agree to these Terms, you agree, to the extent allowed, any law, regulation or ordinance that cannot be excluded by law, to exclude or modify our liability to you for death or injury from your exercise or use of the Gym, whether or not it results from our negligence.

10.2. Nothing in this Agreement excludes, restricts, or modifies any terms, conditions, warranties, guarantees, rights, or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights, or remedies that can be lawfully excluded are excluded. In particular, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.

11. GUESTS

11.1. Each Guest agrees to and must otherwise comply with clauses 3, 4, 5, 6, 7 11, 13, and 14 as if a reference to a Member was a reference to a Guest.

11.2. All Guests will be required to check in with a member of Gym staff, present proper photo identification, and sign a Waiver and Release of Liability in order to access and use the Gym facilities and equipment.

11.3. The Gym reserves the right to, in its discretion,

(i) Limit the Gyms and/or hours available to Guests;

(ii) Limit the number of times any one individual may access the Gym as a Guest; and

(iii) Prevent any individual from accessing the Gym as a guest.

12. MISCELLANEOUS TERMS

12.1. Lockers are cleared daily. Lost property will be held for a period of two months after which the Gym reserves the right to dispose of the items in any way it sees fit. No claims shall be entertained after this period.

12.2. Freelance personal trainers are not allowed to train their private clients in the gym without the gym’s consent. A package fee of choice is imposed for members who wish to do so. Failure to oblige will cause termination of membership.

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

12.4. All members and guests are required to wear proper gym attire when exercising. A top is required that covers the chest area, no torn clothes are permitted. Closed-toe, non-marking, rubber-soled shoes are required at all times in the Gym.

12.5. The Gym may from time to time wish to show potential Members or others around the Gym and allow them to use the Gym facilities and equipment on a trial basis and reserves the right to do so.

12.6. The Gym's normal hours of operation are indicated at the Gym entrance and website. The Gym reserves the right to adjust the operating hours for the purpose of cleaning, decorating, repairs, or for special private functions and holidays. The Gym shall endeavor to give reasonable notice of any lengthening or shortening of such hours.

13. OTHER GENERAL LEGAL MATTERS

13.1. We are not responsible if Members cannot use our Gym because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control.

13.2. If a court decides that any part of this Agreement is or becomes illegal, void, or unenforceable, that part is deleted, and this does not invalidate the rest of this Agreement.

13.3. If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in the future.

13.4. You agree that we have not made any representations or promises that you have relied upon that are not in this Agreement.

13.5. In the event of any dispute arising out of and/or in connection with this Agreement, including any question regarding its existence, termination or validity, or breach thereof ("Dispute"), you agree to enter into mediation for a minimum of seven (7) days prior to initiating any legal action against the Gym.

13.6. Mediation shall take place between you and a relevant representative of the Gym to be appointed at the Gym'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 Gym. In the event parties fail to reach an amicable settlement after thirty (30) days after the commencement of mediation, such Dispute shall be governed by and construed in accordance with the laws of Malaysia, and you and the Gym agree to submit to the exclusive jurisdiction of the Malaysian Courts.

13.7. Further, you agree that the Gym shall be entitled to recover all costs and expenses resulting from the engagement of attorneys, where applicable.

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