Membership
SNAP FITNESS MEMBERSHIP AGREEMENT TERMS AND CONDITIONS
Club Name: XXXXXX
Club Address: XXXXXX
Franchisee: Othello XXXXXX
First Name: XXXXXX
Last Name: XXXXXX
Email Address: XXXXX
Plan Type: XXXXX
Service Plan: XXXXX
Billing Frequency: Monthly
Plan Fees: $XX
Access Card Fee: $XX
MEMBER ASSUMPTION OF RISK AND RELEASE
I hereby understand and acknowledge the risk of injury arising from and/or in connection with the Club activities, including but not limited to the use of the Club equipment.
I also acknowledge that the Club is an UNSUPERVISED FITNESS CENTER and I willingly assume all the risks associated with the use of the exercise equipment and exercising alone without the aid and/or presence of the Club staff on the premises.
I understand that Snap Fitness® is a trademark of Snap Fitness, LLC. and that this Club is independently owned and operated by an Independent Franchisee of Snap Fitness.
I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Snap Fitness, LLC. and its franchisees, the designated Billing Company, Snap Fitness® Club and their associated companies, employees, agents and servants, THE OWNERS OF ALL CLUBS WITHIN THE SNAP FITNESS SYSTEM, as well as all sponsors and advertisers, and all owners and lessors of the premises of such clubs, and their respective officers, affiliates and/or agents and/or employees WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LOSS OR DAMAGE to person and/or property that may arise out of or in connection with my use of any of the equipment, club managed services or the facilities of the Club of any other Snap Fitness club, or any incident that occurs while using such facilities, services or otherwise related to my membership.
I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin.
I understand that the Club is relying on this release in agreeing to enter into this Agreement.
TERMS AND CONDITIONS DEFINITIONS in this Agreement:
1. “Owner” means, the independent franchisee of the Licensor for Snap Fitness XXXXXX
2. “Club” means XXXX , a location licensed by the Licensor to use the Snap Fitness® brand in Singapore.
3. “I” and “me” means the individual whose name and electronic signature appear below and “my” and “mine” are to be construed accordingly.
4. “Licensor” means the entity who is authorized to issue licenses for the Snap Fitness® brand in Singapore.
5. “Plan Fees” means the fees specified above or the then-current rate.
6. “Contract Term” means the duration under the membership service plan that I am required to commit to.
The following terms and conditions govern the rights and obligations of Snap Fitness Clubs and members thereof. I understand that it is important that I have read and understood all the terms and conditions stated herein before signing this Agreement. I acknowledge that each member who signs below will be individually and severally bound by the Agreement.
1. MEMBERSHIP
1.1 I acknowledge that generally all Service Plan holders of Snap Fitness must be a minimum of 14 years of age. All minors under the age of 18 must confirm that they have the permission of their parent/ guardian to join the Club and use the facilities and services available at the Club. They must have a parent or guardian to co-sign the Service Plan, acknowledgment of indemnity waiver and Induction Record.
1.2 Membership is subject to this Agreement and the Rules of the Club as from time to time being in force and which may be amended by the Club at any time by giving me 14 days’ notice of the same. A copy of the amended Agreement and/or Rules of the Club will be posted at the Club, emailed to me and/or sent to my contact address I have provided to inform me of the amended Agreement and/or Rules of the Club. Upon sending me such notice, I will be deemed to have taken notice of, read, understood and be bound by the amended Agreement and/ or Rules of the Club. Further, I agree to abide by all membership rules, policies and regulations of this Club and other Snap Fitness Clubs that I visit, as may be prescribed from time to time.
1.3 Membership is personal to the member and is non-assignable, non-transferable and non- refundable. I will not loan or sell my membership or otherwise allow it to be used by any third party.
1.4. The service plan to the Club allows me to access other Snap Fitness® locations free of charge. My use of all Snap Fitness® locations is subject to the terms of this Agreement and I have the same obligations to any Snap Fitness® location as I have to the Owner in respect of the Club, including the assumption of risk and waiver of claims. I undertake to use and/or access to other Snap Fitness Clubs only after one month of sign-up at Home Club.
1.5 I understand that, if I use another Snap Fitness® location more than Home Club over any 3 consecutive months, my service plan will be transferred to that location (“New Location”) according to the prevailing service plan transfer policy. If my service plan is transferred, the New Location’s Owner may revise the Plan Fees which I am then liable to pay under this Agreement to the prevailing rate at the New Location and this Agreement will otherwise be automatically enforceable in respect of the New Location in the same way as it is in respect of the Club. No new agreements will be issued in such situations. In such a transfer out situation, all benefits as promised or accrued by Home Club will be void and not enforceable under such transfers, even if the members are subsequently transferred back to Home Club. I remain liable for any outstanding charges and fees incurred at Home Club. I understand that I will lose any entitlements or privileges that are given by Home Club.
1.6. The membership fees paid or to be paid under this contract term agreement are non-refundable, unless otherwise stipulated in this Agreement.
1.7 This Agreement is a legally binding obligation for which I am financially responsible. I understand that if I am on a contract term agreement, upon expiry of the term, the agreement will roll into a single, monthly plan at $138 per month. I understand that I have to write in to Owner and provide notice period of 30 days if I do not wish to renew when the term contract ends.
2. MEMBERSHIP PAYMENT
2.1 I authorize my Financial Institution to pay monthly direct debits on my behalf to the Club Owner (or its designee) in the amount stated in the Agreement. This authorization extends to making payments if there are agreed changes to my membership plans, club penalties for late payments and rules violation as well as purchase of credit packs or services provided by the Club.
2.2 The monthly payments will be debited from the bank account/credit card authorized by me until I or the Club cancels the arrangement by notifying my bank or credit provider.
2.3 If I owe the Club any monies and my failure to pay such monies causes the Club to enter into debt recovery process, I will indemnify the Club in relation to all costs and disbursements incurred (including but not limited to administration fees, legal costs on a solicitor and client basis, collection agency costs, and bank fees). Unless otherwise stated, prices stated in this Agreement are inclusive of GST (where applicable) and/ or any other taxes and/or dues that may be chargeable under the prevailing and applicable laws.
2.4 The monthly direct debit/credit card autopay are payable regardless of whether I use the facilities of the Club.
2.5 I will ensure there is sufficient balance/credit in my debit/credit card before the Billing Date of each month. The Billing Date is typically the 1stof each month for the month’s membership subscription. The Billing Date may change when a member request for pause of membership.
2.6. I agree that if I fail to pay my membership fees on Billing Date, Club will impose a Late Payment Fee of $15 if payment is not made within 5 days from Billing Date. If membership fees remain outstanding after 5 days from Billing Date, the access card is automatically deactivated by the system. I remain liable for ongoing membership fees.
2.7 If outstanding membership fees are not paid by the next Billing Date, the Club will have the right to terminate this agreement and I remain liable for the outstanding payments, balance membership payments up to the expiry of the contract term agreement and any related finance charges incurred by the Club.
2.8 I agree that I am bound by the membership payment terms and unpaid account balance due upon cancellation. I agree that my Financial Institution will be fully protected in honoring these direct debits and that the treatment of them and rights in respect to them are the same as if personally signed by me.
3. PAUSE OF MEMBERSHIP
3.1. I can request to pause my membership plan up to accumulated maximum of 3 months within the contract agreement. Each pause is based on one, two or three months.
3.2 Pause Fee of $30 will be imposed by the Club for each pause. The approval of pause request is at the sole and absolute discretion of the Club and I remain liable for any accrued membership fees.
3.3 I agree to the extension of expiry date of this Agreement based on the equivalent amount of pause period.
4. TERMINATION OF MEMBERSHIP
4.1. Relocation: If I wish to terminate my membership due to relocation reasons, I undertake to provide a 60 days’ written notice to the Club, and provide relevant supporting documents from Immigration and Checkpoint Authority (ICA), proof of my new overseas permanent residence, employer and/or other relevant authority. A Termination Fee of $100 or 1 month of membership fees, whichever is the greater, will be charged and I remain liable for membership fees up to the day before departure from Singapore.
4.2. Medical: If I wish to terminate my membership due to medical reasons, I undertake to provide documentary proof to the Club. Documentary proof would be in form of my doctor’s relevant certification indicating that I have contracted a critical chronic illness or a permanent serious physical incapacity/disability. The Club will only accept supporting medical documents from a Ministry of Health (MOH) registered medical officer and/or doctor in Singapore. A Termination Fee of $100 or 1 month of membership fees, whichever is greater, will be charged and I remain liable for current month’s subscription fees up to the point of notification, or the doctor’s certification of start date of medical condition, whichever is later.
4.3. In event of death or permanent disability, the liability for membership fees will be terminated as at the date of death or permanent disability. There shall be no refund of any fees pre-paid or paid in any form, and any other liabilities by members will be ceased with this unfortunate event.
5. ACCESS CARDS
5.1 Each member will be issued one access card. Fees paid for access card are non-refundable in any circumstances.
5.2 I must present my access card for authentication by machines or verification by staff upon entering the Club. My access card admits me only. I agree that I may be denied access to the Club without my access card.
5.3 If I do not have my access card with me, I acknowledge that I cannot access the Club during non-staffed hours, nor should I expect any other Club member to let me into the Club as this constitutes a breach of the Guests provision of the agreement relating to their membership.
5.4 If there is overdue payment, I understand that my access card will be restricted automatically by the door system, and that I will not be able to enter any club locations. During restricted access, I can only access Home Club during staffed hours, subjected to Club’s approval.
5.5 Access card is non-transferable and if I allow my card to be used by another person, or bring in guest(s), this constitutes a breach of my Membership and Club Use Terms and Conditions. Club will impose a Card Penalty Fee of $100 per unauthorized person, per incident. Club may terminate this Agreement immediately and without notice for serious or repeated breaches. In the event Club terminates this Agreement, I remain liable for the outstanding membership fees, balance payments up to the expiry of the term agreement and any related finance charges incurred by the Club.
5.6 Any unauthorized access by any other person(s) using Member’s card may be investigated by the Club and reported to the Police as trespass.
5.7 If my access card is lost or stolen I must notify my Home Club immediately and the Club will charge a Card Replacement Fee of $50 per card. Lost card will be deactivated, and there is no re-activation/refund if the missing card is found after a replacement card has been issued. Membership fees during period of lost card remains payable.
5.8 If I intend to bring a guest for gym visit or trial session, I must seek the written approval by Club before entry. If approved by Club, the guest(s) must agree to abide by the club rules and have the same limitation of liability as a member. The visit/trial session is limited to duration set by Club.
6. PHYSICAL AND MEDICAL CONDITION OF MEMBER
6.1. I hereby declare and represent that I am in good physical condition and have no undisclosed medical reason or impairment that might prevent me from my intended use of the Club facilities or endanger myself in the use of the club facilities and services.
6.2. I acknowledge that I have been informed that the Club offers a free on-demand consultation that includes a brief interview of my medical history. However, I also understand and acknowledge that the Club Owner and Licensor will not, and cannot, provide me with any medical advice. If I have any health or medical concerns now or after I join, I will discuss them with my doctor before using the facilities.
6.3. I will advise the Owner or Licensor of any situation that alters any previous disclosure that I have made in relation to my health and my use of the facilities.
7. MEMBER INDUCTION
7.1. To mitigate risk and ensure that a member correctly operates or uses any Snap Fitness® facilities, services, products or equipment, including the adjustments of levels or settings on any equipment, I understand that I am required to undertake an instructional consultation with a Club staff member before use. I understand that an initial introduction to the Club facilities is a requirement prior to using the Club’s facilities and ensure that I am briefed by a Club staff before I use the facility and equipment.
7.2. I also undertake to comply with all Club rules and regulations that are stipulated by the Club management to ensure good care of equipment, appropriate and safe use of Club facilities as well as a conducive environment free of litter, nuisances and security threats.
8. SECURITY
8.1 The Club is under a comprehensive 24-hour recorded video and/or audio surveillance, which may be retained by the Club for subsequent review, and my access card usage is logged. The surveillance system does not protect me from harm in or on the building premises. I must use caution when entering or leaving the building.
8.2 I shall not allow access to individuals who knock on the door; doing so may put myself and others at risk of injury or harm, and could result in me losing my membership privileges.
8.3 The Club is equipped with panic buttons and emergency call buttons. These are designed to alert the Security Monitoring Centre of any situations that warrant their immediate attention and response protocols. For medical/fire emergency, Member is to call 995.
8.4 I am responsible for understanding how to operate the panic buttons and emergency call buttons and agree to use them only in case of an emergency.
9 CLUB RULES
9.1 Age: I must be at least 14 years old. If I am aged under 18, the Club may in their sole discretion require me to only use the facilities and services available at the Club during staffed hours and under supervision of the Club’s staff for my own safety. If I violate this policy, I may be asked to leave the Club’s premises or have my membership suspended or cancelled.
9.2. Children: I understand that children who are not members and/or under direct supervision of a guardian (whom must be a member) are not permitted to be brought into and/or left in any Snap Fitness® Club.
9.3 Animals: I understand that no animals are permitted to be brought into the Club with the exception of specified support animals such as Guide or Assistance Dogs. Such entry should be discussed with the Club so that appropriate communications can be undertaken to assure the other users of the Club, to reduce unnecessary alarm and inconvenience.
9.4 Email: As a membership holder, I understand that I must provide the Owner with a valid and current e-mail address to access and manage my account online. I also understand that I may receive (if I have consented to receipt of) occasional emails from the Licensor or the Owner related to my service plan. For this purpose, I undertake to keep the e- mail address I have provided to the Owner current and valid, and to inform the Club of any changes to my email as quickly as possible.
9.5 Locker: I shall not leave my belongings unattended. I shall store any valuables in the lockers at my own risk. I will clear the locker each time I leave the Club. The Club is not liable for any loss of such belongings or valuables. For security reasons, the Club has full rights to cut these locks after a clear-out notice has been pasted on the locker and all items in the locker are to be cleared by the Member within 24hours, failing which the items would be disposed after 14 days.
9.6 Immediate Disposal: Club staff will dispose of any food, non bottled drinks, or any item that may cause odor, rot, attract insects/pests, or cause offence to other Club members, immediately without informing Member.
9.7: Lost and Found: Any personal items found in the Club premises, will be placed at Lost & Found Corner located in Member’s Lobby. Items of value will be kept by Reception Counter for safekeeping. Unclaimed items will be disposed after 14 days.
9.8 Equipment: I have access to a free orientation to the facility and the proper use of its equipment. It is my responsibility to request this orientation. It is my responsibility to wipe down the equipment and un-rack and put back the weights I use. I must understand and use the safety features of the equipment. If I am unsure of how to use a machine, I should obtain instructions from the staff or personal trainers. I must follow the directions of the staff regarding safety and security issues.
9.9 Conduct: Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of my membership.
9.10 Drug Use: I understand that the Club maintains a zero tolerance approach to drug use and seeks to ensure that its working and exercise environments are free from the negative and harmful effects of drug use or the criminal implications of persons soliciting, or dealing in, prescription medication or illicit drugs. I understand that if I am found to be involved in such activities that my membership will be terminated immediately and be reported to the Police.
9.11 Drug Sale: I recognize and acknowledge that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed on Club premises.
9.12 Steroid: The Club prohibits the use of any drugs or steroids and I agree not to use any drugs or steroids on the Club premises. I acknowledge and am aware that steroids can cause numerous physical, mental and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility and many other adverse health problems.
9.13 Smoking or consumption of alcohol is strictly forbidden within Club premises.
9.14 Consumption of food and non-bottled beverages are not allowed within Club Premises.
9.15 I shall abide by the Club dress code at all times while in the facility. I will not wear blue jeans or any pants/shorts that have blue jean type seams or rivet buttons that may damage the equipment. Flip-flops or bare feet are not allowed in the Club.
9.16 I am not allowed to take photographs or videos that include Club staff, other members or guests of the Club without their prior consent.
9.17 I shall not use loud or profane language within the Club nor shall I commit any sexual harassment act, molest, badger, assault or harass Club staff, other Club members or guests. Doing so will subject my membership to suspension or immediate cancellation, and the balance of this Agreement may be declared due and payable in full immediately.
9.18 I shall not engage in any type of commercial or business activity while using the facilities. I shall not act as a trainer for any other member or guests and any acts which constitute such business activities (whether for payment or otherwise) are strictly forbidden. If I engage in such commercial or business activities, my membership shall be subject to immediate cancellation and the balance of this Agreement declared due and payable in full immediately.
9.19 Club Staff have full authority and mandate to order any member who is in violation of the Club rules to leave the Club premises immediately, failing which, the Police will be called in to assist. All relevant video and audio recordings will be submitted to the authorities to aid investigation.
9.20 The Club retains the right to modify these policies or rules without warning. Reasonable rules and regulations may be sent to me or posted in the Club’s Notice Board from time to time and all members shall be subject to strict compliance therewith.
10. PENALTY, SUSPENSION AND CANCELLATION OF MEMBERSHIP
10.1 Club retains the sole and absolute right to impose a fine of $100, suspend and/or cancel the membership of any person if Member breaches any terms of this Agreement including but not limited to Club Rules.
10.2 Fine: Club will impose a fine of $100. Amount will be charged to the debit/credit card. In the absence of card setup, Member is to make immediate payment upon presentation of payment notice.
10.3 Suspension of Membership: During suspension, Member’s access card will be locked and Member is not allowed to enter any Snap Fitness club. Member remains liable for ongoing membership fees.
10.4 Cancellation of Membership: Upon cancellation, Member is to pay immediate payment of current charges, Cancellation Fee of $100, and balance membership up to expiry date of the contract term agreement.
10.5 Repair/Replacement Cost: If Member causes damage to Club facilities, contents including but not limited to gym equipment, fixtures, walls, amenities, Club will ascertain the damage caused and issue a notice of payment for repair and/or replacement to Member. Member is to make immediate payment for the repair/replacement cost.
11. FACILITIES AND SERVICES
11.1 The Owner reserves the right at any time to delete, discontinue, repair or replace any equipment on the premises without any effect on this Agreement. The Club may be closed for up to two to four weeks each year for general maintenance purposes and major upgrade or renovation works to comply with franchise brand requirements or other building safety requirements.
11.2. If the Club’s facilities become temporarily unavailable due to an event such as a fire, flood or loss of lease, or the like, the Club will extend my membership privileges for the period the facilities were unavailable.
11.3 Business Change: I understand that the Owner may sell or otherwise transfer the conduct of the Club in the future to a third party, and such sale or transfer may include the right to receive payments in association with the Payment Authorisation I have signed or will sign in connection with my Service plan (“Change of Business Ownership”). In the event that a Change of Business Ownership occurs, I acknowledge and agree that I may be notified of the Change of Business Ownership by email or a notice posted in the reception area of the Club. I further agree that as a result of the Change of Business Ownership and the issuing of the notice, my payment arrangements will automatically be updated.
12. LIMITATION OF LIABILITY
12.1. I agree that, unless the controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. I agree that, specifically, neither an arbitrator or a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these.
13. GOVERNING LAW AND JURISDICTION
13.1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Singapore. The parties irrevocably agree that the courts of Singapore shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation. Further, I agree that the Club shall be entitled to recover all costs and expenses resulting from the engagement of attorneys, where applicable.
13.2. 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”), I agree to enter into mediation for a minimum of 7 days prior to initiating any legal action against the Club.
13.3. Mediation shall take place between me and a relevant representative of the Club to be appointed at the Club’s sole and absolute discretion. During this period of 7 days, I agree not to disclose any information relating to the said Dispute or the mediation thereof to the public domain without the written consent of the Club. In the event parties fail to reach an amicable agreement after 30 days after the commencement of mediation, such Dispute shall be governed by, and construed in accordance with the laws of Singapore as mentioned in Clause 13.1. I and both parties agree to submit to the exclusive jurisdiction of the Singapore Courts.
This is the whole Agreement between the parties with respect to the Terms and Conditions of my service plan and supersedes all prior understandings or agreements in that respect (if any), whether written or oral, express or implied.
I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I hereby confirm that I am aware of and agree to the terms and conditions on both the front and attached pages of this document headed ‘Terms and Conditions’.
I/We hereby authorize the Designated Billing Company selected by this Club to draw items (checks, electronic fund transfers, charge card) for the purpose of paying the membership dues, including any late fees, as well as other purchases, on the account indicated below.
[signature]
Member Name