THE GYM FACILITIES AND STUDIOS (THE “CENTRE”)
The Centre is operated by EVOLUTION WELLNESS (HONG KONG) LIMITED (the “Company”), whose principal objective is to provide health and leisure facilities within the Centre. The Fitness First Home Centre is the enrolment centre where you join and pay the fees. The Company has appointed a Management team (the “Management”), which is responsible for the operation of the Centre in accordance with the Rules, as the same may be amended from time to time.
SERVICE PLAN TERMS
a) Enrolment and continued tenure are subject to the Rules that are from time to time in force. The Rules may be amended by the Management at any time at its discretion.
b) Individuals who are at least sixteen (16) years old may apply for enrolment. Applicants must complete the application form and other documents as may be required by the Management. In addition to the documents mentioned in the immediately preceding sentence, it is mandatory for applicants who are below eighteen (18) years old to submit the Parental/Guardian consent portion of the application form duly signed by their parent/guardian.
c) The Management reserves the right to reject an application for enrolment to the Centre for any reason whatsoever and without assigning any reason therefor.
d) Your enrolment is personal to you and is non-assignable, non-transferable and non-refundable. You may not lend your Fitness First Card to anyone else or permit it to be used by anyone else. The Company may assign the benefit of these Rules to any person, firm or company at any time without notice to you.
e) Upon acceptance of your enrolment application, you will be issued with a Fitness First card (which shall remain the property of the Company), and you shall be entitled to all the rights and privileges exercisable by the class of individuals for which your enrolment application has been accepted. If a Fitness First card is lost or mislaid, the Management will issue a replacement Fitness First card subject to the payment of a processing fee.
f) If you wish to enter the Centre without a valid Fitness First card, you may only be admitted at the absolute discretion of the Management. You are required to produce your Fitness First card prior to admission to the Centre, and to register at the reception area.
g) Fitness First Service Plan Categories
i) The Fitness First Premier Plan has a commitment to a minimum of three (3) or six (6) full monthly payments of Monthly Dues. You cannot terminate a Fitness First Premier Plan contract during the first three (3) or six (6) months of enrolment according to the option chosen.
ii) The Fitness First Lifestyle Plan has a commitment to a minimum of twelve (12) or twenty -four (24) full monthly payments of Monthly Dues. You cannot terminate a Fitness First Lifestyle Plan contract during the first twelve (12) or twenty-four (24) months of enrolment to the option chosen’.
iii) A Fitness First Terms Plan is a prepaid contract for twelve (12) or twenty-four (24) months. The prepaid Monthly Dues for the year or two year term duration are not refundable under any circumstances.
iv) The Fitness First Platinum Plus Passport Plan entitles you to the use, during normal operating hours, of all Centres operated by the Company in Hong Kong. Fitness First card holders may apply for a “Fitness First International Passport” from their Centre of enrolment. A Fitness First International Passport allows the Fitness First card holder to visit Fitness First Centres across Asia and other regions for maximum of three months (relevant entry charges may apply, and these are subject to review and revision).
v) The Fitness First Platinum Passport Plan entitles you to the use of all Fitness First Centres operated by the Company in Hong Kong plus the use of all Fitness First Platinum Centres (excluding Fitness First Sheraton and Fitness First Exchange Square).
vi) The Fitness First Passport Plan entitles you to the use, during normal operating hours, of all Fitness First Centres operated by the Company in Hong Kong except the Platinum Centres. Fitness First card holders may apply for a “Fitness First International Passport” from their Centre of enrolment. A Fitness First International Passport allows the Fitness First card holder to visit Fitness First Centres across Asia and other regions for maximum of three months duration (relevant entry charges may apply, and these are subject to review and revision).
vii) A Fitness First Passport + 1 Plan entitles you to the use of all Fitness First Centres operated by the Company in Hong Kong plus the use of either the Fitness First Hopewell Centre or the Fitness First World Commerce Centre (but not Fitness First Sheraton or Fitness First Exchange Square).
viii) A Fitness First Home Plan entitles you to the use, during normal operating hours, of the Fitness First Centre of enrolment only.
ix) A Fitness First Home + 1 Plan entitles you to the use, during normal operating hours, of the home Centre at Fitness First Exchange Square plus the Fitness First Nan Fung Tower Centre.
x) A Fitness First Off Peak Plan entitles you to use the Fitness First facilities within specified business hours.
xi) A Fitness First Couple/Family Plan is only valid for direct family members. If the contract is frozen or terminated, the rights of all members in the group fall away on the same effective day.
xii) A Fitness First Choice Plan includes the daily use of one set of workout kit during exercise in the Centre.
SERVICE PLAN AGREEMENT FEES
i) You must pay an Initial Joining Fee and an Administration Fee in the amount specified. These fees are non-refundable and are due immediately upon your enrolment being accepted. The amount of the Initial Joining Fee and the Administration Fee are subject to change without prior notice.
ii) Upon enrolment, and as a condition of your enjoyment of the privileges associated with the Centre, you must pay a monthly fee (the “Monthly Dues”). You are required to pay the Monthly Dues in advance by automatic debit from your bank account or credit card. In this regard, you shall execute any and all authorizations and documents as may be required by the Company. A handling charge will be made for any contract that is not enrolled on the automatic debit system. If for any reason the Company is unable to collect the Monthly Dues through the automatic debit from your bank account or credit card (which would occur, for example, if your bank account has been closed or your credit card has expired or been terminated), you shall immediately pay the Monthly Dues. Failure to allow the automatic debit of your bank account or credit card in a timely fashion will result in your enrolment and access being temporarily suspended until the outstanding balance is paid; a late payment penalty will also be imposed. The Management reserves the right to charge a collection fee of HK$30 in the event of the unsuccessful collection of an automatic debit due to an error with your bank account or credit card or for any other reason. Legal action may be taken to recover outstanding payments due, including late charges. You shall indemnify the Management and the Company jointly and severally for any costs incurred that are associated with any legal action taken to recover any outstanding payments due.
iii) Monthly Dues may be increased, on thirty (30) days’ notice, at the discretion of the Management. The requirement to give notice shall be deemed to be fulfilled by a notice of any increase in the Monthly Dues being posted in the Centre on the designated notice board within the Centre or in any other conspicuous area within the Centre for thirty (30) consecutive days prior to the date of effectiveness of any such increase.
iv) The Management reserves the right to introduce new categories of Plans and to vary their prices from time to time.
FREEZING SERVICE PLAN
i) In the event you are subject to a prolonged period of absence from the Centre, you may apply in person to the Fitness First Centre at which you have enrolled, to “freeze” your contract. Freezing must be approved in advance by the Management and will only be approved for genuine reasons of inability to use the Fitness First facilities.
ii) You must give at least one full calendar month’s notice in person to your Fitness First Centre Manager prior to the effectiveness of the proposed freeze period. For the purposes of these Rules, “one full calendar month” shall mean the period from the first day of a given month up to the last day thereof. The request for a freeze must state the reason(s) therefor and the proposed freeze period. You acknowledge that your Fitness First Centre is not obligated to approve your request for a freeze if you have failed to comply with your Minimum Commitment Period. In no event shall the freeze period be counted towards the notice period for termination of your Fitness First Services Agreement.
iii) You are entitled to freeze your Fitness First Service Plan for a minimum of one (1) month and a maximum of twelve (12) consecutive months. In no event shall the freeze period be counted for the purpose of determining whether you have complied with your Minimum Commitment Period. The freeze period will be added to the end of the Minimum Commitment Period.
iv) If you wish to terminate your Fitness First Service Plan for any other reason within your commitment period, the early termination fee is $1,000 for a Fitness First Centre and $1,500 for a Fitness First Platinum Centre. You must also complete not less than half of the commitment period. All prepaid dues are non-refundable or may be offset for the termination notice period.
v) Upon approval of a freeze request, you are required to pay a freeze fee of $150 for each month the Fitness First Service Plan is frozen. In no event shall the freeze period be counted towards the notice period for termination of a Fitness First Service Plan.
vi) You should surrender your Fitness First card to the Fitness First Centre prior to the effectiveness of the freeze period.
vii) You may, at any time during the freeze period, request that your contract be “unfrozen”, provided that you pay your total Monthly Dues on a pro rata basis at the Fitness First reception counter.
viii) Upon the reactivation or unfreezing of your contract, your obligation to pay the applicable Monthly Dues shall be reinstated.
TERMINATION OF SERVICE AGREEMENT
i) One full calendar month’s advance notice must be given in person to the Fitness First General Manager when terminating a Services Agreement. For the purposes of these Rules, “one full calendar month” shall mean the period from the first day of a given month up to the last day thereof.
ii) Termination may not take place within a Minimum Commitment Period or before settlement of all obligations.
iii) Prior to the effectiveness of the termination of a Fitness First Service Plan, you must continue to pay the Monthly Dues.
iv) If you wish to terminate your Fitness First Service Plan for any other reason within a commitment period, the early termination fee is $1,000 for a Fitness First Centre and $1,500 for a Fitness First Platinum Centre. You must also complete not less than half of the commitment period. All prepaid dues are non-refundable or may be offset for the termination notice period.
v) Termination of a Fitness First Services Agreement that has been frozen shall be subject to payment of the full Monthly Dues for the notice period herein mentioned.
vi) Upon termination of a Fitness First Services Agreement, your Fitness First card must be returned to the Fitness First Centre of enrolment and you shall no longer have any rights or privileges with regard to the Fitness First Centre, nor any entitlement to use any of the Fitness First facilities within the Centre.
vii) You may not, for any reason, terminate your Fitness First Service Plan then start a new contract at a lower Monthly Dues rate in a newly opened Fitness First Centre or another Centre owned or operated by the Company.
k) Seven (7) days money back guarantee
i) If you are a first-time new joiner, then you may apply for a “Seven (7) days Money Back Guarantee” within the first seven (7) days from the date of joining.
ii) The Initial Joining Fee and the Administration Fee will not be refunded for any reason whatsoever.
PHYSICAL CONDITION OF CARDHOLDER
a) You warrant and represent that you are in good physical condition, that you know of no medical or other reason why you are not capable of engaging in active or passive exercise, and that such exercise will not be detrimental to your health, safety, comfort or physical condition. You further represent that you suffer from no physical impairment that would prevent your use of the Fitness First Centre facilities or adversely affect your decision to participate in any activity at the Fitness First Centre.
b) You agree not to use any Fitness First Centre facilities whilst suffering from any infection, contagious illness, disease or other ailment including (without limitation) open cuts, abrasions, open sores or minor infection, where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of the other users.
c) The Management reserves the right to refuse entry to any person for safety, health or security reasons, and you agree to hold the Company and the Fitness First Centre free and harmless from any and all claims, damages or liability arising from such refusal.
d) The use of all Fitness First Centre facilities is entirely at your own risk. Use of the specialist facilities within the Fitness First Centre may result in harm to you, especially if you are not familiar with the proper use of particular facilities. You should not use any of the facilities if you are not sure about the safe and proper use thereof.
EXPULSION OF CARDHOLDER
The Management may terminate any Fitness First Services Agreement:
a) Without notice and with immediate effect if the Fitness First Cardholder’s conduct, whether or not such conduct is the subject of complaint by other Fitness First Cardholders, is such that, in the reasonable opinion of the Management, it poses a threat to the security, safety or health of other Fitness First Cardholders or the Company’s directors, officers, employees or agents, or may be injurious to the character, reputation, goodwill or interests of the Company and/or the Fitness First Centre.
b) Without notice and with immediate effect if the Fitness First Cardholder commits any breach of the Rules as are from time to time in force.
c) Without notice and with immediate effect if Management believes that the Fitness First Cardholder is conducting personal training services, a business or other services on Fitness First premises without the formal consent of the Management.
d) Upon notice in writing, if any Monthly Dues, locker fees, service charges or any other payments required to be paid by the Fitness First Cardholder remain unpaid after the due date for payment.
e) Upon notice in writing, if the Company is of the opinion that the Fitness First Cardholder is not suitable or is unfit for continued enrolment with the Fitness First Centre. All decisions of the Management under this clause shall be final and binding.
A Fitness First Cardholder whose contract is terminated by the Management shall forfeit all the privileges held by the Fitness First Cardholder, with immediate effect. As a consequence of such termination, the Fitness First Cardholder shall forfeit any and all amounts which have been paid to the Fitness First Centre, including the Initial Fee and the Monthly Dues for the month in which the termination occurs, without the right to claim any refund. On termination of a Fitness First Cardholder’s contract, he/she shall forthwith return his/her Fitness First Card and any other property provided or assigned to him/her by the Fitness First Centre and shall settle any outstanding amounts owing to the Fitness First Centre. An individual whose contract has been terminated cannot use a Guest Pass in order to avail him/herself of the facilities of any Centre where his/her enrolment has been terminated by the Management. Under this clause, an individual whose contract has been terminated prior to the completion of the Minimum Commitment Period shall pay the Fitness First Centre, by way of liquidated damages, an amount equivalent to the total Monthly Dues payable from the effective day of termination up to the expiration of the Minimum Commitment Period. For this purpose, the Fitness First Centre and the Management shall have the right to make an automatic debit from the bank account or credit card of the individual whose contract is terminated, and the individual expressly authorizes this action. The Fitness First Centre reserves the right to exercise any and all remedies provided herein and under the law arising from a breach of the terms and conditions of the Rules by any person who has a contract with the Fitness First Centre.
a) If you are introducing a Guest or Guests, you must ensure that each Guest completes a Guest Pass and pays the then current guest fee and a refundable deposit for the Guest Pass. By completing a Guest Pass, your Guest agrees to be bound by the Rules and the restrictions, disclaimers and terms herein and in the Guest Pass. Admission of your Guest to the Fitness First Centre is subject to the discretion of the Management, and your Guest may be admitted upon such conditions as the Management may impose.
b) Guests have the same contract privileges as the person who introduces them, and must be accompanied by that person, and Guests will be subject to the same Rules and limitations of liability as the Fitness First Cardholder. The Fitness First Cardholder will be held fully responsible for the conduct of his/her Guests. It is also the responsibility of a Fitness First Cardholder who introduces a Guest to ensure that his/her Guest complies with the Rules.
c) The Management reserves the right to exclude any Guest from the Centre without giving any reason therefor. The Management reserves the right to change the fees payable by a Guest.
FITNESS EVALUATION AND PERSONAL TRAINING
a) All Fitness First Cardholders are encouraged to undertake a Fitness Evaluation conducted by the fitness staff of the Fitness First Centre, before starting an exercise programme. Notwithstanding any consultation on exercise programmes that may be provided by the Fitness First Centre’s employees, it is hereby understood that the selection of exercise programmes, methods and types of equipment shall be the responsibility of the Fitness First Cardholder. The Fitness First Centre does not make any representation as to the skill and training of its employees conducting a Fitness Evaluation, and a Fitness First Cardholder availing him/herself of their services is required to seek a professional medical opinion. A Fitness First Cardholder is not bound to follow any fitness programme recommended by a Fitness First Centre employee, and, should a Fitness First Cardholder follow any such recommended programme, it is the responsibility of the Fitness First Cardholder to secure separate professional medical approval. The Fitness First Centre shall rely upon the Fitness First Cardholder’s representation as to such professional medical approval, and the Fitness First Centre shall not be responsible for any death, injury, damage or risk to the Fitness First Cardholder’s health or physical condition resulting from the use of the Fitness First Centre.
b) Fitness Evaluations and Personal Training sessions for Fitness First Cardholders are strictly by appointment and are subject to a separate fee. Bookings may be made up to one (1) week in advance. At least twenty-four (24) hours’ notice is required in the event of the cancellation of any appointment or session; if such notice is not given, any fees chargeable for the session shall be payable in full notwithstanding non-attendance. The Management reserves the right to refuse any appointment.
c) Fitness Instructors are authorized to stop anyone from exercising or using the Fitness First Centre facilities if, in the Fitness Instructor’s opinion, the continued activity by the Fitness First Cardholder poses a health or safety risk to the Fitness First Cardholder or the other Cardholders of the Fitness First Centre or their Guests. The Fitness First Cardholder and his/her Guests must abide by all the instructions of the Fitness First Centre Fitness Instructors.
d) Only qualified Fitness First Personal Trainers are permitted to perform personal training.
e) All Personal Training sessions paid for in advance are non-transferable, and the charges will not be refunded for any reason whatsoever.
f) If you avail yourself of a Personal Training Programme you shall be bound by the rules provided in the Personal Training Agreement.
a) Spa services are strictly by appointment only and are subject to a separate fee. Bookings may be made up to one (1) week in advance. At least twenty-four (24) hours’ advance notice is required in the event of the cancellation of a booking; if such notice is not given, the treatment fees shall be payable in full, notwithstanding non-attendance. The Management reserves the right to refuse any appointment.
b) A Beauty and/or Massage session will clearly stipulate the time of booking. Late arrival for a booking may result in a shortened session. Fitness First Cardholders are required to vacate treatment rooms within five minutes after the end of a booked session.
c) All Beauty/Massage sessions paid for in advance are non-transferable, and the charges will not be refunded for any reason whatsoever.
d) Fitness First Cardholders and their Guests availing themselves of the Beauty/Massage Programme shall be bound by the rules provided in the Spa or Bodycare Agreement.
a) All Fitness First Cardholders and their Guests are required to wear proper gym attire when exercising. A top is required, which must cover the chest area. No torn items of clothing are permitted. Closed toe, non-marking, and rubber-soled shoes are required at all times in the gymnasium and in the aerobics room. Fitness First Cardholders should be considerate of others and wipe down equipment with a hand towel. They must not dominate specific equipment when the Fitness First Centre is full.
b) The Fitness First Centre shall inform Fitness First Cardholders of other rules and regulations for using the facilities, from time to time.
a) Private lockers are available for rental on a monthly basis at the prevailing monthly fee stipulated by the Management, which may change from time to time. Locker monthly fees must be paid in advance by direct debit from the Fitness First Cardholder’s bank account or credit card. Lockers are not transferable.
b) The Management accepts no responsibility to Fitness First Cardholders for loss or damage to locker contents arising for any reason whatsoever. Neither daily nor rental lockers should be used for the storage of valuable items.
c) The Fitness First Cardholder will be given a locker key upon the commencement of the locker rental. The locker key shall remain the property of the Fitness First Centre and must be returned to the Fitness First Centre upon cancellation of the locker rental or termination of contract, whichever is earlier. The Fitness First Cardholder shall also remove all his/her personal belongings from the locker upon cancellation or expiration of the locker rental.
d) The Fitness First Cardholder hereby authorizes the Management to open and clear the locker of any and all of the Fitness First Cardholder’s belongings on the date immediately following the cancellation or expiration of the locker rental.
e) The Management shall have the right to dispose of the Fitness First Cardholder’s belongings in any way it sees fit. In the event of the loss of the locker key, the Fitness First Cardholder shall immediately notify the Fitness First Centre, and the Fitness First Centre shall issue a replacement locker key, subject to the payment of a fee.
f) One (1) full calendar month’s advance notice (such notice to expire on the last day of a month) is required to be given in person to the Fitness First Centre of enrolment in the event of the termination of a locker rental. The Fitness First Cardholder shall not be entitled to a refund of the rental fee he/she has paid should he/she decide to terminate the locker rental.
g) Fitness First Cardholders are prohibited from subletting or assigning their lockers to other contract holders or Guests.
h) Daily lockers are provided for use whilst exercising and will be cleared daily once the Fitness First Centre has closed for the day. Fitness First Cardholders are advised that the lockers provided are not security lockers – the Management therefore requests that all valuable items are kept secure by Fitness First Cardholders through a means other than leaving them inside lockers.
i) Once the Fitness First Centre is closed, all daily lockers will be opened for cleaning. All items found will be placed in the Fitness First Centre’s lost and found section. An overnight storage fee will be incurred by you prior to the return of any item found inside a daily locker. All items recovered must be properly identified by you prior to their subsequent release.
PROVISION OF PERSONAL DATA
a) The Company recognises the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
b) You understand, acknowledge and consent to the Company processing, collecting and using your personal data for the following purposes:
i) processing, administering and managing your Fitness First Contract;
ii) processing any transactions or payments made by you, and maintaining payment records;
iii) contacting you or communicating with you via telephone call, text message, fax message, email and/or postal mail for the purposes of processing, administering and managing your Fitness First Contract ;
iv) for publicity purposes and conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities in order to enhance the services we provide to you, where you have consented to the Company doing so;
v) record-keeping purposes;
vi) responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;
vii) complying with any applicable law, regulation, legal process or government request; and
viii) storing, hosting and/or backing up (whether for disaster recovery or otherwise) your personal data, whether within or outside Hong Kong.
c) Your personal data may be used, disclosed, maintained, accessed, processed and/or transferred to the following third parties, whether sited in Hong Kong or outside of Hong Kong, for one or more of the purposes set out above:
i) the Company’s head office, affiliates and subsidiaries;
ii) any of the Company’s agents, contractors or third party service providers who process or will be processing your personal data on our behalf, including but not limited to those third party service providers who have been engaged by the Company to: (i) provide and maintain any IT equipment used to store and access your personal information; (ii) operate the; or (iii) otherwise in connection with the provision of Fitness First services to you;
iii) the Company’s auditors and legal advisors;
iv) financial institutions, credit card companies and payment processors; and
v) public and governmental/regulatory authorities, courts and other alternative dispute forums.
e) Data relating to Fitness First Cardholders or their Guests may be used for processing services, the collection of Monthly Dues, locker fees, service fees and other payments required under the Rules, or in connection with the operation of the Fitness First Centre and any ancillary or related purpose thereto.
f) The Fitness First Centre may provide and transfer such data to any other Centre of the Company, to the Company or to any member of the Company’s group, or to any agent, collection agency, contractor or person who provides administrative, telecommunications, computer or other services to the Fitness First Centre in connection with the operation of the Fitness First Centre business. As a Fitness First Cardholder, you have the right to request access to and correct your personal data held by the Fitness First Centre in relation to you, upon payment of a reasonable processing fee, and you can make such requests to your Fitness First Centre of enrolment.
g) If you have agreed to allow us to use your personal data, you may receive from us from time to time administrative news, direct marketing telephone calls, emails, SMS, direct mailings or other communications, which may contain promotional materials. You may opt out from receiving marketing communications at any time, free of charge, by:
Sending us a written request by:
i) Email to: email@example.com
ii) Updating your communication preferences at our front counter.
a) Certain complimentary drinks are provided for Fitness First Cardholders. These drinks are for refreshment at the Centre only. Fitness First Cardholders are not to take drinks outside the Centre. The provision of complimentary drinks shall be at the sole discretion of the Company. The Company hereby reserves the right to change and/or remove certain or all complimentary drinks without prior notice. Fitness First Cardholders and their Guests are permitted to bring their own snacks and/or drinks into the Centre.
b) The Company may provide a complimentary film (video, VCD, DVD) lending service. A fee is payable for any late return of films. Duration of the complimentary loan of films and charges for late return may vary from time to time at the discretion of the Management.
c) Lost property found at the Centre will be held by the Management for a period of three (3) months from discovery, after which the Management reserves the right to dispose of the items in any way it sees fit. No claims shall be entertained after this period.
d) The Management reserves the right to use individual or group photographs of Fitness First Cardholders and/or their Guests for press or promotional purposes.
e) The Management may from time to time wish to show walk-in guests or others around the Centre and allow them to use the Fitness First Centre facilities on a trial basis, and hereby reserves the right to do so.
f) The normal hours of operation are indicated at the entrance and on the notice board of each Fitness First Centre. The Management reserves the right to adjust the hours or to close all or any part of the Centre for the purpose of cleaning, decorating, repairs, or maintenance, or for special private functions and holidays.
g) The Management shall endeavour to give reasonable notice of any lengthening or shortening of such hours and/or the closure of the Centre.
h) Smoking is not permitted in any part of the Fitness First Centre.
i) In the interests of health and hygiene, you are requested to shower prior to entering the Sauna and/or Steam Room.
j) Fitness First Cardholders and their Guests may not use the Centre while under the influence of alcohol, narcotics or other mood altering substances.
k) The failure of Management or the Company to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.
l) The Management may, at its sole discretion, amend, vary, delete or add to these Rules with immediate effect.
m) You will be advised of any changes by notification on the notice board within the Centre.
n) These Rules shall be governed by, and construed in accordance with, the laws of the Special Administrative Region of Hong Kong.
o) At the discretion of the Management, a Chinese translation of some or all of the Rules may be prepared and published. In the event of any real or apparent conflict arising between the English and Chinese version of a Rule, the meaning of the English version shall prevail.
Limitation of Liability
In consideration for the Management accepting your enrolment application for a Fitness First Services Agreement and your continued tenure, you agree that:
a) None of the Company, the Management, the Fitness First Centre or any of its/their employees or business, shall be liable for any actions or legal proceedings due to death, injury, loss, damage or theft to a person or property arising out of, or in connection with, your use of any of the services or facilities of the Fitness First Centre (save in respect of death or personal injury arising out of the negligence of the Company, the Management, the Fitness First Centre or their staff employed to supervise the Fitness First Centre). You hereby hold the Company, the Management, the Fitness First Centre, and all of its/their employees and agents harmless from all claims which may be brought against them by you or on your behalf for any such injuries or claims as aforesaid and all costs and expenses incidental thereto.
b) Any guest of yours or temporary visitors to the Fitness First Centre agree to abide by the Rules and to be subject to the same limitation of liability as you.