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A. Terms and Conditions of Use


1. The following membership agreement and its terms and conditions ("Membership Agreement" or "Agreement") is between you and Fit Culture Group Limited. This Agreement applies to your access and use of the fitness facilities and services provided by Fit Culture Group Limited and its affiliated companies (Fit Culture, Fit Culture Limited) at the specified branch location in Hong Kong ("Location") where you have registered as a Fit Culture Member ("Fit Culture Member" or "Member"). The Agreement will be valid for the duration of the service package you have chosen ("Membership Package").

 


2. Fit Culture Member services include but are not limited to the provision of training sessions, physiotherapy sessions, wellness treatments, and all activities and the use of facilities (including exercise equipment and amenities) at the Fit Culture locations, and also through various platforms such as Online Coaching services. 

3.Personal training programs/sessions (including fitness, physiotherapy, and nutrition) and other special training programs or activities are available at Fit Culture and are subject to agreements, terms and conditions and fees that are supplementary to or separate from this Agreement.

 

 

 

B : Subscription

 

Fit Culture currently offers 5 different categories of Membership subscriptions. 

• Monthly Subscription Plan

• 6 Months Subscription Prepay

• 6 Months Subscription by monthly Installment

• 12 Months Subscription Prepay

• 12 Months Subscription by monthly Installment

 

2. Fit Culture reserves the right to offer or modify the categories of the subscription plan. 

 

3.The Monthly Subscription is for a term of one month, which will renew consecutively and automatically unless the Subscriber provides a written notice to Fit Culture of their intention not to renew the subscription. This notice must be served not less than thirty days in advance. The Subscriber needs to complete the necessary forms and formalities of Fit Culture to indicate their intention not to further renew the Subscription.

 

4.The 12-month prepay Subscription and 6-month prepay Subscription terms are for twelve (12) months and six (6) months respectively. These terms will renew consecutively and automatically unless the Subscriber informs Fit Culture of their intention not to renew the Subscription at least ten (10) days before the current term ends. The Subscriber must complete the necessary forms and formalities of Fit Culture to serve notice.

 

 

C: Fees 

 

1. All Membership agreements have a 48-hour Cooling-off Period upon receipt of the first payment of the membership agreement. Should you decide to terminate the Membership during the cooling-off Period. you are required to; (i) pay an administration fee (currently HK$500) but this may be increased). The membership fee will then be refunded. However, the joining fee to set up the Membership agreement will not be refunded with the Membership fees.

 

Your Membership Agreement provides you only with access and use of the Location you have chosen in the Membership Package above. Any request to change or add additional location is subject to Fit Culture's review and approval, at its sole discretion. If we approve, you are required to; (i) pay an administration fee for transfer of your chosen Location (currently HK$500) but this may be increased); (ii) sign a new Membership Agreement with a new minimum term and (iii) pay the fees applicable for the new membership contract.

 

3. The Agreement and all paid fees are non-refundable and non-transferable after the Cooling-off Period. 

 

4. For the avoidance of doubt, the total Membership Fee for 12 Months or 6 Months Subscription by monthly installments shall be owed to Fit Culture as a debt upon the commencement of the Subscription term, and the Subscriber shall be allowed to repay the same to Fit Culture by 12 equal monthly installments. The Subscriber shall be liable to pay the Subscription Fee throughout the current term, even if they terminate the Subscription early.

 

5. If you fail to pay the Monthly Autopay Fees on their due date, Fit Culture shall be entitled to suspend the right to use the Fit Culture Facilities under this Agreement. Notwithstanding such suspension, your obligation to pay the Monthly Autopay Fees shall continue until this Agreement is terminated. If you fail to pay your Monthly Autopay Fees, Fit Culture has the right to charge you:

 

All bank or credit card charges we are charged as a result of that failure.

Interest on the overdue amount at the rate of 2% a year above the prime lending rate of the Hongkong and Shanghai Banking Corporation Limited from time to time (which will accrue daily from the due date until the actual date of payment of the overdue amount, whether before or after judgment)

A late payment fee (currently HK$100 but this may be increased) for each month or part thereof that such Fee remains unpaid.

 

6. Fit Culture reserves the right to adjust and modify the rate or amount of the Subscription Fee at any time at its sole discretion. The subscribers will be informed about any changes or adjustments not less than thirty (30) days prior through emails, Fit Culture's websites, or any other means as Fit Culture deems appropriate. The changes or adjustments shall be effective immediately upon the end of such prior notice period, or the expiry of the current Subscription term of the Subscriber, whichever is later.

7) If there is an increase in the Subscription Fee, the Subscriber has the option not to renew their Subscription. However, suppose the Subscriber continues to use any of Fit Culture's facilities or renew their Subscription after the fee increase becomes effective. In that case, they will be considered to have accepted and agreed to pay the increased Subscription Fee.

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D. Use of the Fit Culture Facilities


1. Your right to the use of the Fit Culture Facilities is personal to you and is non-assignable and non-transferable. You shall not permit your Membership rights and privileges to be used by anyone else.


2. Fit Culture reserves the right at its sole discretion to reject your application to become a member. 


3. If Fit Culture accepts your application, we will issue you a Fit Culture Membership Account that entitles you, as a member, to all the rights and privileges exercisable under this Agreement.

 

4. You must comply with all of the rules, regulations guidelines, and activity schedules (including class or training session schedules) that apply to Members and guests ("Rules") in various situations including: (i) when visiting your chosen Location; (ii) when booking and using the Fit Culture Facilities and/or other services; and/or (iii) when participating in a Fit Culture activity, class or training session.

 

The Rules are available at Fit Culture Locations, Members app, and on our website and other media platforms. Fit Culture may change the Rules from time to time with immediate effect and we will notify you of any changes. You may be required to enter into separate agreements for specific additional services provided by Fit Culture. 

 

5. You agree to allow Fit Culture to take a photograph of you or upload a photograph of yourself after we have accepted you as a member. This is to update your Membership profile. If you refuse, you will be required to produce a valid photo ID to gain admission to the Fit Culture Facilities.

 

6. You must use the Members App check-in function or Valid Photo ID to gain admission to the Fit Culture Facilities. If you do not, we are entitled to refuse you access or charge you a Guest Fee for use of the Facilities for that day (currently HK$350 per visit but subject to change). Fit Culture has the sole discretion to permit or refuse admission if you are unable to check in with our Members App or a valid photo ID, and may request to take a photograph of you as a condition of entry in such circumstances.

 

7. Upon the expiration of your Membership Package, your Membership Agreement and corresponding benefits will be deemed as concluded.

 

8. You are solely responsible for any loss of or damage to our property that you may use or borrow. This includes, but is not limited to, equipment, lockers, towels, clothing, lifting accessories, mobile chargers, or any other property. If our property is lost, damaged, or not returned on time, we may be required to charge you a fee. Additionally, please be aware that you will be held accountable for any inappropriate, improper, or negligent use of any Fit Culture facilities and for any damage caused by you to such facilities.

 

9. Membership under 18 years of age may use the Fit Culture Facilities only if they are 14 years old or above provided that a parent, guardian, or co-signer has signed the appropriate consent form. The use of the Fit Culture Facilities by members within this age group may be restricted by Fit Culture if it is deemed unsafe or inappropriate.

 

10. Fit Culture may assign the benefit of these agreements to any person, firm, or company at any time without notice to you.

 

11. Fit Culture has the right to relocate you to another Fit Culture facility that is similar to your chosen location if your chosen location is closed, under maintenance, or renovation. If your chosen location is permanently closed and there is no other Fit Culture facility within a 10-kilometer radius, your agreement will be terminated, and you will receive a refund for any unused fees. However, if there is another similar Fit Culture facility within a 10-kilometer radius of your chosen location, you are not entitled to a refund.

 

 

E. Guests

 

You may introduce guests to use the Fit Culture Facilities provided that any such guest completes an Application Form provided by Fit Culture and pays the guest fees prescribed by Fit Culture. We reserve the right, at our sole discretion, to reject such guest's application to use the Fit Culture Facilities.

 

2. When using the Facilities your guest must agree to abide by the conditions of use and to be subject to the same limitation of liability as you are under this Agreement.

 

 

F. Your Physical Condition and Safety

 

1.It is important to acknowledge that you are responsible for ensuring your own safety when using the Fit Culture Facilities and participating in physical activities provided by us. If you have any concerns, it is recommended that you seek advice from a qualified medical professional. Please bear in mind that engaging in physical activities and using any of our facilities may place physical demands on your body.

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2. Please refrain from using any of the Fit Culture facilities or participating in any physical activities available at Fit Culture if you are suffering from any infections, contagious illness, disease, or other ailment including but not limited to open cuts, abrasions, open sores, or minor infections. This is to ensure that there is no risk of harm to your health, safety, comfort, or physical condition, as well as that of other Fit Culture users. If you are unsure, please bring any such matters to the attention of Fit Culture staff.

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3. It is crucial that you are familiar with the usage of any of the Fit Culture Facilities and take reasonable care to avoid any injuries while using any equipment provided by Fit Culture. You should seek prior advice and assistance from qualified Fit Culture staff on the appropriate use of the facilities if you are unsure about their safe and proper usage. It is strictly prohibited to use any of the Fit Culture Facilities if you are unsure about their safe and proper use.

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4. Any person who is pregnant, under medication, and/or suffering from or having suffered from any medical disability is strongly advised to seek the advice of a qualified medical professional before using any of the Fit Culture Facilities or taking part in any physical activities on the premises of Fit Culture.

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5. Persons under the influence of alcohol or prohibited drugs are not permitted to use the Fit Culture Facilities or take part in any physical activities at any Fit Culture Location.

 

G. Limitation of Liability

 

1.You acknowledge and agree that participating in Fit Culture's physical activities and using its facilities can pose a risk of injury.

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2. You voluntarily accept the risk of injury involved in the participation and use of the Fit Culture Facilities and agree that neither Fit Culture nor its employees or agents shall be held liable or responsible for any injury, death, loss, or compensation for damage to your person or property or to the person, or property of other participants, arising out of or in connection with the use by you or by other users of any of the Fit Culture Facilities.

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3. You agree to defend, indemnify, and hold harmless Fit Culture, its employees, or agents from all claims for any injuries, costs, or expenses.

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4. Fit Culture is not responsible for any items lost or stolen on its premises for any reason whatsoever. You are solely responsible for taking care of your personal belongings on any Fit Culture location.

 

H. Termination

 

1.Fit Culture may terminate your Membership Agreement without prior notice and with immediate effect under the following circumstances: (i) if you violate an important term of your Membership Agreement or the rules for the use of the Fit Culture Facilities; (ii) if you engage in conduct that we reasonably consider to be harmful or detrimental to the reputation or interests of Fit Culture, other members, or guests; (iii) if you commit an act that violates the laws and regulations of the Hong Kong SAR; or (iv) if you engage in a dispute or make a claim against Fit Culture that we disagree with and that cannot be resolved after reasonable attempts have been made in good faith to resolve the issue. All decisions made by Fit Culture under this clause are final and binding.

 

2. Fit Culture shall be entitled to terminate this Agreement if you fail to pay Monthly Autopay Fees for 3 months or more, by giving 1 month's written notice to you. Such termination shall not affect the right of Fit Culture to recover the unpaid fees and interest and related costs and/or expenses.

 

3. In the event of termination under by Fit Culture under Clauses G.1 and G.2, you shall lose all rights and privileges under this Agreement with immediate effect without claim for any refund of your Initial Joining Fee, or Monthly Autopay Fee for the month in which the termination occurs. On termination of this Agreement, you must settle any outstanding debts owing to Fit Culture, including all the unpaid monthly installments. 

 

4. Fit Culture is entitled to recover all costs and expenses, including unpaid fees, interest, and damages caused by you.

 

5. You are not permitted to terminate your Agreement until the completion of your current subscription plan. You are obligated to inform Fit Culture of your intention not to renew the Subscription at least thirty (30) days before the current term ends. The Subscriber must complete the necessary forms and formalities of Fit Culture to serve notice.

 

6. For the avoidance of doubt, if your request to terminate your subscription, and is not given within 30 day limit specified in Clause G5 above, you will be charged automatically to your current subscription class, and your rights and privileges under your Agreement shall continue until it is terminated at the completion of the following billing cycle.

 

 

I. Suspension of Membership Agreement

 

1.You have the option to put your Agreement on hold for up to 12 months if you are pregnant, or for up to 3 months in a calendar year for any other reason, as determined by Fit Culture. The minimum suspension period is 1 month for all cases and you are allowed to suspend your Agreement twice within a calendar year. However, if you're a short-term Cardholder with a Monthly No Contract Plan or 6 months Plan, you are not permitted to suspend your Agreement. If you want to apply for a medical or pregnancy suspension, you need to provide a valid medical certificate that includes the date, your name, diagnosis, and clear medical advice or recommendations.

 

2. Suspensions must be applied for as follows: 

(a) Complete and submit a Fit Culture suspension application form. 

(b) The suspension period must be for a full calendar month, and no backdated suspensions will be allowed.

 

3. Fit Culture charges a suspension fee of HK$250 per month for all non-pregnancy or non-medical related suspensions. Please note that this fee may be adjusted at the discretion of Fit Culture subject to reasonable notice being provided. The suspension fee is non-refundable and non-transferable. Please be aware that Fit Culture reserves the right to reject any suspension request at its discretion.

 

4. If you have a Monthly Subscription or Monthly Installment Package and suspend it, the Minimum Payment Term will be extended by the number of months you suspend it for. During the suspension period, your Monthly Autopay Fee payments will also be suspended and will automatically resume once the suspension period is over. If you want to end the suspension earlier, you agree to pay a pro-rata charge of your Monthly Autopay Fee.

 

5. If you have a Prepaid Package, the expiry date of your prepaid Agreement shall be extended by the number of month(s) suspended and adjusted if you request to end the suspension earlier.

 

6. If you have a locker rental the fee will continue to be charged to your Autopay account during your suspension period

 

7. If you suspend your Agreement for any reason (pregnancy, medical or non-medical), you will not be entitled to use the Fit Culture Facilities and/or enjoy any Fit Culture Member's priviledges.

 

8. In the event that your chosen Location is required to be temporarily closed for safety reasons or by mandatory government order, ("Mandatory Closure"), and there is not another Location within 10 kilometres of your chosen Location that is accessible, Fit Culture may suspend your Agreement starting from the 8th day from the date the Mandatory Closure has commenced until the date your chosen Location has been re-opened for use ("Mandatory Suspension"). For every full calendar month of Mandatory Suspension you will be charged a Membership maintenance fee that is equivalent to the normal suspension fee.

 

J. Lockers

 

You may use any of the available Lockers when visiting Fit Culture. Lockers are provided for day use at no cost. You must remove your items from the Day Locker at the end of your visit or you may be charged HK$150 service fee.

 

2. Monthly lockers ("Monthly Lockers") may be available for rental on a monthly basis at the monthly fee specified by Fit Culture from time to time (Subject to availability). Monthly Locker fees must be paid in advance by Autopay and their use cannot be transferred. To terminate your Monthly Locker Rental you must provide written notice 30 days before your next scheduled Autopay Payment Date and the termination date shall occur on the date of you next Autopay monthly billing cycle. Termination of this Agreement will automatically lead to termination of locker rental on the same date. Upon termination you shall remove all of your personal belongings from your Monthly Locker and Fit Culture may dispose of any remaining items as it sees fit.

 

3. Fit Culture shall not be responsible for loss or damage of your locker contents and Fit Culture reserves the right to open and inspect Day Lockers and Monthly Lockers at anytime.

 

4. You are responsible for proper usage of the locker, including the digital keypad and the locker itself. Fit Culture reserves the right to impose a charge if the lockers are damaged due to improper usage by you, as deemed necessary by Fit Culture.

 

K. Personal Data

 

The personal data provided by you under this Agreement shall be used by Fit Culture strictly in accordance with the Personal Data (Privacy) Ordinance. Such data may be used by Fit Culture for processing applications, reviewing your Membership Package, benefits or services, collection of Monthly Autopay Fees, Monthly Locker fees, and other payments required under the Terms and Conditions or used in connection with the operations of Fit Culture for any related purpose.

 

2. The personal data given by means of this Agreement may be disclosed to any member of the Fit Culture Group and/or any agent, contractor or person who provides administrative, telecommunications, computer and other services to Fit Culture in connection with the operation of Fit Culture's business.

 

3. You have a right of access and correction with respect to your personal data in accordance with the Personal Data (Privacy) Ordinance upon payment of a reasonable fee. Your right of access includes the right to obtain a copy of the personal data which you have provided by means of this Agreement.

 

L. General Terms

 

Lost property found on Fit Culture's premises will be held by Fit Culture for a period of 7 days, after such time Fit Culture reserves the right to dispose of the items in any way it sees fit, no claims shall be valid after this period.

 

2. You and your guests must wear appropriate clothing when exercising. Closed-toe, rubber-soled non-marking sports shoes are required at all times in the exercise and physical activity areas of Fit Culture.

 

3. Fit Culture's normal hours of operation are indicated at Fit Culture's entrance and notice board. Fit Culture reserves the right to adjust the normal hours of operation, or to temporarily close a Fit Culture Location (all or any part thereof) for the purpose of cleaning, decorating, repairs, maintenance, for special functions or events, or due to mandatory government closure orders. However, Fit Culture shall give reasonable notice of any alteration to the hours of operation or any temporary closure of a Fit Culture Location.

 

4. You must not use audio-visual or video recording devices on Fit Culture's premises that may cause a nuisance or distraction to other customers, and Fit Culture reserves the right to prohibit the use of such devices on its premises.

 

5. Fit Culture Management reserves the right to take photos and video from time to time on our premises, for marketing purposes.

 

6. Unless expressly approved by Fit Culture, the taking of photographs or video images or the use of video or other visual functionality devices is strictly forbidden in public area.

 

7. Fit Culture may at its sole discretion amend, vary, delete or add to these Terms and Conditions with immediate effect. We will notify you of any changes by displaying these in a notice at the Premises, by notification on the Members App or on our Website.

 

8. This Agreement shall be governed and constructed in accordance with the laws of the Hong Kong SAR.

 

9. In the event of any conflict or inconsistency arising between the English and any Chinese version of any rules or notices that Fit Culture may issue under the Agreement, the meaning of the English version shall prevail.Terms and Conditions

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FITPLUS+ Service Terms and Condition

A) What do these terms cover?
A.1 These are the terms and conditions on which we (FIT CULTURE) supply our services to you.
A.2 FITPLUS+ Services refer to the training, coaching, and related services you purchase from us, as agreed in writing. Which include one or more of the following items below
Personal Training - 1-1 or 1-2 sessions with one of our FIT CULTURE trainers at one of our FIT CULTURE facilities together with any type of programming such as training,nutrition,supplementation.
Transformation Program - A personalized program that includes personal training sessions and nutrition and supplementation plans for a specified period to produce a transformation for the client.
Online Coaching Services - Training programs, nutritional and supplementation guidelines, and advice via distanced communication methods such as WhatsApp or Email.
Sports Therapy - 1-1 sessions with one of our FIT CULTURE physiotherapists /specialised Sports rehabilitation therapist / medical professional to provide various recovery methods to your specified injuries including but not limited to Sports Massage, Cupping, IV Vitamins administration or various ways with different apparatus.
A.3 Fit Culture reserves the right to add or remove various items into our FITPLUS+ Services from time to time without notice.

B) Health and Safety Terms
B.1 You understand and agree that:
Any nutritional guidance provided is not intended to address medical issues or concerns, but rather is aimed at optimizing body composition, weight managment and health markers improvments. Any nutritional guidance provided to you is not to address any medical issues or concerns you may have

The provision of Services carries a risk of physical injury due to the complexity and unpredictability of the human body.

B.2 You confirm that:
You are medically and physically able to safely participate in the Services
Please ensure that you keep us updated throughout our services of any changes to your health and any medical concerns that arise, irrespective of whether you feel the issue to be minor, trivial or irrelevant. This applies to all conditions, issues, and concerns, whether or not you have received a medical diagnosis.

B.3 We highly recommend that you consult with a qualified medical professional before starting to use our Services. This is to ensure that you don't have any underlying health or medical conditions that may affect your use of the Services. It's important to seek medical advice to confirm that the Services are appropriate for you. You agree that Fit Culture will not be held responsible for any injury or harm you experience as a result of using our Services, especially if you chose to disregard our advice and use the Services without seeking medical advice.

C) Cancellation and Refunds

C.1 We reserve the right to charge for sessions canceled with less than 24 hours notice or for no-shows.

C.2 Clients arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made with the trainer.

C.3 If you fail to attend sessions or fail to contact notify your assigned Fit Culture trainer for 30 days or more, we reserve the right to re-allocate your Trainer and you may lose your preferred Session slots. You may need to wait for a Trainer to become available to resume your Sessions.

C.4 All FITPlus+ package are non-transferable and non-refundable after your 48 hours cooling off period. No refunds will be issued for any reason including deposit payment, including but not limited to relocation, illness, and unused sessions. 

D) Package Validity

D.1 All FITPlus+ packages come with a standard expiration date of 1 session per week. For instance, a 12-session package will be valid for 12 weeks or 3 months. Any exceptions will be made clear before the commencement of the package.

D.2 Packages with specified timeframes, such as Transformation packages (3/6/12 months), any unused sessions will expire after the designated period.

D.3 In case the assigned personnel or trainer is unavailable to conduct the session or if the facility is temporarily closed, your package validity will be extended based on the affected time frame.

D.5 In case of any medical condition or pregnancy, you may apply in writing to extend your package expiration date. If you apply for a medical or pregnancy suspension, you are required to provide a valid medical certificate that contains the date, your name, diagnosis, and clear medical advice or recommendations.

D.6 For pregnancy and medical conditions you may apply for a maximum of 12 months suspension. Fit Culture reserves the right to review case by case based on the certificate presented by you.

D.7. For other reasons if you would like to suspend your service packages. You can pay a 20% fee per month of the value of one of your session times by 4. For example

If you have 4 sessions remaining at the cost of $1000 per session and you are planning to extend them for a month, $4000 x 0.2 = $800 will be the handling charge per month.
If you have a 3-month transformation course at the cost of $12000, the cost per month will be $4000 and the handling charge for extension will be $800 per month.

D.8 Any request to extend a package must be submitted in writing 10 days before the expiration date to avoid session forfeiture.

D.9 Any non-medical or non-pregnancy reasons for extension are for a minimum suspension period of 1-month maximum of 3 months in a calendar year.

D.10  Fit Culture reserves the right to void unused sessions after the designated period.

E) Trainer / Therapist Allocation
E.1 The trainer who begins the package with you will be the trainer who conducts the following sessions within the package with you.

E.2 You may not switch to another trainer unless there is a valid reason which FIT CULTURE will review on a case-by-case basis.

E.3 If the trainer allocated for your package is unavailable for an extended period, for example, he/she no longer works here, he/she has a medical condition that requires a long time away from work, he/she is away for an extended period (1-month minimum), Fit Culture reserves the right to allocate your service to another trainer/therapist.

E.4 Fit Culture may assign a preferred trainer/therapist for your consultation or trial. You can request a specific trainer, but availability is not guaranteed and it's at Fit Culture's sole discretion.

F) Use of Package in other location

F.1 Unless any prior arrangements has been made, the service package you purchase at that centre is only valid for that centre only.

F.2 If you wish to make a permanent transfer of the service package to another location, we can review case by case and there will be a charge of the price difference between the services at different locations plus $500 handling charge. We reserve the right to allocate another trainer for you.

F.3 In case the service you purchased is at a higher cost compared to the location you wish to transfer to, no refunds will be made and the handling charge will still occur.

F.4 If you wish to use the package in both locations, you may purchase two separate packages.