Terms and conditions mentioned herein shall form part of the your membership purchase completed online on www.elemention.com or purchased at gym via completion of the Membership Application Form
‘Company’ and ‘Elemention’ or ‘Fitness Club’ refers to Elemention Health & Sport Pvt Ltd. Home Club is the Club at which you join and will use only. Club means an Elemention Health Club.
2. LIMITATION OF LIABILITY:
In consideration of being allowed to participate in fitness activities provided by the Club, you hereby agree that Elemention Health & Sport Pvt. Ltd. (the “Company”) & its directors, fitness professionals, employees, contractors or agents are absolved to the fullest extent permitted by relevant laws from all liability howsoever arising from any injury or damage (whether fatal or otherwise) to you or any loss, damage or theft to any property belonging to, or brought onto the Club premises by you occurring upon the Club howsoever caused and that the Company/Club’s contractual rights and remedies, as well as those available at law or equity are independent and cumulative.
3. RELEASE AND INDEMNITY:
In consideration of the grant of the membership to you, entitling you to engage in fitness activities, you hereby:
(a) release and forever discharge the Company and/or its representatives to the extent applicable by relevant laws from all actions, suits, proceedings, claims, demands, consequential losses, losses damages, penalties, fines, costs and expenses however arising that you may have or may have had but for this release arising from or in connection with your involvement in fitness activities of the Company or being on Club premises; and
(b) indemnify the Company and/or its representatives to the extent permitted by relevant laws in respect of any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses arising as a result of or in connection with your involvement in fitness activities of the company or being on Club premises.
4. MEMBERSHIP ENTITLEMENT:
Immediately upon signing this Application and Agreement and the acceptance of the same by the Company (which it is not obliged to accept). As a member you are entitled to use the facilities of the Club only during the specified times and in the Club locations as set out in your membership type description and only for the term of this membership subject to meeting these membership terms and the Club Rules and Regulations as applicable from time to time. Membership is non-assignable, non-transferable and non-refundable except as specified in this Application and Agreement.
5. PERSONAL DETAILS:
You agree that all the information provided in this Application and the Agreement is true and correct and that you will be solely responsible and liable if the same is found incorrect. The Company/Club reserves the right to cancel your membership if the information is found to be incorrect at any point of time.
6. MEMBERSHIP CATEGORIES:
The Company offers several types of membership to customers. Once the applicant fixes a particular type of membership he/she will be entitled to the privileges attached to it.
7. MEMBERSHIP FEES:
a) All Members shall pay a Joining/Registration Fee as per sums specified by the Management, which fees are non-refundable and shall become due immediately upon the acceptance of the applicant as a Member. The amount of Joining/Registration Fee is subject to change without prior notice.
b) Upon membership and as a condition for the enjoyment by a Member of his/her privileges as a Club Member, the Member shall pay a monthly fee (the “Monthly Dues”). The Member shall be required to pay the Monthly Dues in advance by automatic debit of his/her debit/credit card, and this fee will become due on a recurring monthly basis. In this regard, the Member shall execute any and all authorizations and documents as may be required by the Club. If for any reason, the Club is unable to collect the monthly Dues through the automatic debit of the Member’s debit/credit card, such as when the card has been expired or terminated, cannot be successfully en-cashed through no fault of the club or its authorized representatives, the Member shall immediately pay the Monthly Dues in cash. The Club reserves the right to assess a collection charge in the event of any such failure to collect by automatic debit of the Member’s debit/credit card.
c) The provisions of latter b) above notwithstanding, and to ensure that the club is able to collect Monthly Dues, the club shall have the right to exercise the following options:
(i) To manually key-in a member’s credit card for the purpose of debiting the available credit balance, should the same be insufficient to settle the payable Monthly Dues.
(ii) In the event that the new/replacement credit card presented is rejected to collect dues by automatic debit of the old credit card that was superseded.
d) Goods & Service Tax (GST) or any other tax or charge levied or assessed by the government shall be for the sole and exclusive account of the Member.
e) In case of failure of processing the monthly debit on debit/credit card due to non-availability of funds or due to card expiry and failure of the member to update the card details at the club in advance, the member will need to re-regster and pay the applicable joining/registration fees.
f) All Membership fees paid are non-refundable and shall become due immediately upon the acceptance of the applicant as a Member. Access to club is not permitted while any part of membership fee is outstanding.
g) From time to time we may need to increase the price of membership. The Company will give member at least 1 full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period member will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If member does not terminate the membership by the date given to you in the notice then the price of membership will be increased in accordance with the notice.
8. TIME FREEZE:
Freezing of membership under any circumstances is not permitted.
9. CANCELLATION, TRANSFER OR REFUND:
a) Memberships purchased on monthly subscription with Standing Instructions can be cancelled at any time with a notice of 7 days from the next auto bill date by emailing to email@example.com
b) No cancellation is permitted for memberships purchased for entire period with upfront payment.
Any cancellation must be notified on the required form supplied by the Company and which must be hand delivered to the Club. At the time of lodgement of the cancellation form your membership fees must be paid up in full. Your cancellation will not take effect until your membership fees are paid upto date and the Company gives you a copy of your cancellation notice.
Memberships purchased cannot be transferred or any amounts refunded under any circumstances.
The Company/Club is also entitled, without any liability whatsoever, to refuse, limit, suspend or vary the services, in whole or in part, at any time in its sole discretion, with respect to one/all the members without any notice for any reason which is found to be reasonable by the Company/Club, including but not limited to-
i) Government rules, regulations, orders, directions, notifications and etc. including changes thereto prohibiting/suspending the rendering of the services by the Company/Club;
ii) During modification, technical failure, upgradation or variation, relocation, repairs and/or maintenance of the equipments etc ;
iii) If the services of the Company/Club is used in any manner which violates any law etc. or adversely affects or interferes in any manner, the rendering of services by the Company/Club;
iv) Any discrepancies/wrong particulars provided by you;
v) Your breach of any terms & conditions of this Application & Agreement;
vi) Any other reason which is found to be reasonable by the Company/Club warranting such suspension/cancellation;
vi) Force Majeure circumstances (i.e. Acts of God)
10. CLUB TRANSFER:
Members may only use their selected Elemention health club as part of their membership. Member may request to use multiple clubs, though this will be subject to approval and extra fees as decided by the Company at the time when member requires access to multiple clubs. Transfer from one Elemention club to another is not permitted. Certain Elemention clubs will have restricted access and may not be permitted for access. To access any of club (home club or others), you may be required to sign in with proof of your original invoice and show photo identification.
Membership is limited to persons who are at least 16 years of age and who are holding an Identification Card. All members who are less than 16 years of age or minor must obtain consent and agreement of his/her parent/guardian (legal representative) when applying and signing the Agreement for using the Club facilities with the Company.
11. TIME LIMITS:
You must adhere to parking and equipment time limits and violation of limits may incur fees as decided by the Company.
Elemention Members bringing Guests to the Club shall ensure that their Guests secure a Guest Pass and pay the then current Guest fee. By doing so, the Guests agree to be bound by the Club Rules as well as any and all restrictions, disclaimers and terms provided therein (and in the Guest Pass). Guests are also subject to the Club Rules and Regulations for the Club.
If you believe that there is a risk to your health by participating in any of the fitness activities offered at the Club, you must inform the Company in writing of that risk and give full details of the risk. You warrant to the Company the accuracy of your answers to any questionnaire regarding your physical condition and the Company will rely on the accuracy of those answers. The Company may at its sole discretion deny your membership application until you receive medical clearance from your doctor to proceed with an exercise program at the Club and/or until you have received as to an appropriate exercise program. The Company strongly recommends that medical clearance is obtained prior to starting any form of exercise.
14. ADDITIONAL SERVICES:
The Company also offers additional services at some Clubs such as Personal Training, and other specialists programs, group classes & services. These services do not form part of this Agreement and will incur separate fees and have separate agreements.
15. RESPONSIBILITY FOR DAMAGE:
The Member is responsible for any damage, caused wilfully or negligently, which the member or their guest may cause to the Club facilities,
16. RIGHT OF ADMISSION:
The Company reserves the right to refuse entry to any person, including members, and has the right to cancel your membership without warning or notice due to breach of these Membership Terms, failure to comply with the Club Rules and Regulations (including inappropriate behaviour) or for any other reason the Company may decide such as damaging equipment in the Club and perceived risks, including but not limited to the use of drugs.
17. CHANGE OF RULES:
The Company may, at its sole discretion, add, vary, alter, change, amend or remove the Club Rules and Regulation, conditions of membership, including but not limited to the terms of this Application and Agreement, opening and closing hours and the services and facilities offered by the club due to regulatory, administrative and/or commercial compulsion or for any other reason considered necessary in the interest of business operations. Any such additions, deletions or changes will be notified to you through such a medium as the Company sees appropriate and/or notice in the Club. If at any time the operations or services of a Club are temporarily or permanently suspended for any reason, the Company may (subject to availability within 10km of home club) transfer your membership to another available Elemention Club. No claim whatsoever may be made against the Company for any change or temporary or permanent suspension of such operations, services or facilities.
18. VERBAL AGREEMENTS AND WAIVER:
The Company does not honour any verbal agreements made at the Club or over the phone that are contrary to the Membership Terms or the Club Rules and Regulations for the Club. Failure by the Company to enforce any right at any time for any period shall not be construed as a waiver of such rights.
Whenever possible, each provision of this Application and Agreement shall be interpreted in such a manner as to be effective and valid under the applicable laws. However, if any provision of this Application and Agreement shall be held to be invalid or unenforceable under the Applicable laws, such provision shall be ineffective only to the extent of such invalidity or unenforceability without invalidating the remainder of such provision or the remaining provisions of this Application and Agreement.
The validity construction and performance of this Application and Agreement shall be governed by and interpreted in accordance with the laws of Republic of India. The courts at New Delhi, India shall have exclusive jurisdiction in respect of the subject matter of this Application and Agreement.
21. COVENANTS OF THE PARTIES:
You hereby agree to have fully read/been fully explained in vernacular, verbatim the contents of this Application and Agreement and understood the contents thereof and have signed it in token of its contents with the clear understanding that it is valid and binding document on both parties and can be enforced by them in accordance with law.