The following terms and conditions (“Terms and Conditions”) govern the rights and obligations of BODIK and members thereof on the one hand and Members (as defined below) of the Club (as defined below) on the other hand. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
1. DEFINITIONS AND INTERPRETATIONS
A. “Club” means the facility operated by BODIK in Singapore at 6 Eu Tong Sen St. #5-18 SOHO1 @ The Central and any new clubs that BODIK may operate from time to time.
B. “PAR-Q” means the Physical Activity Readiness Questionnaire completed by you.
C. “Member”, “you” and “your” means the individual whose contact details are set out in the application form attached to the Terms and Conditions.
D. “BODIK” “us” “we” and “our” means BODIK.
2. ELIGIBILITY OF MEMBERSHIP
A. BODIK reserves the right to determine, at its sole discretion, the eligibility of individuals to become Members.
B. The minimum age for membership is 16 years of age. If any individual interested in becoming a Member is under 18 years of age, his/her parents or legal guardian are required to sign any agreements on his/her behalf. A parent or guardian who signs an application form on behalf of an individual under the age of 18 years ("Youth") shall be solely responsible for all actions of the Youth. All terms and conditions set out herein shall apply to the Youth as if said Youth had signed the application form, and the parent or guardian is responsible for ensuring the Youth adheres to these Terms and Conditions.
C. Individuals should be physically fit and able to carry out strenuous physical exercise. If any individual has received a report issued by a medical practitioner cautioning him/her from physical activities, such individual is deemed not to be physically fit.
D. Individuals should not be involved in any illegal societies, terrorist organizations or other anti-establishment groups.
E. Individuals warrant and represent that he/she is in good physical condition and that he/she knows of no medical or other reason why he or she is not capable of engaging in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition.
F. Female applicants should not be pregnant to be eligible for membership.
G. Once an individual has received a refund under our Money Back Guarantee set out in clause 13 below, such individual is no longer eligible for membership.
H. Once an individual’s membership has been cancelled by us as set out in clause 12 below, such individual is no longer eligible for membership.
A. Prior to joining BODIK as a member, individuals are required to read and sign
4. YOUR MEMBERSHIP
B. BODIK reserves the right to introduce and vary the prices and categories of
membership from time to time.
C. You must complete the PAR-Q before you start using the Club and by completingthe PAR-Q, you warrant to us that you have no known condition or are not undergoing any treatment that would prevent you from being capable of physical exercise in any material respect.
D. Every time you enter the Club during your membership, you warrant and represent to BODIK that you are not suffering from any medical condition that prevents you from carrying out strenuous physical activity and your health will not be detrimentally affected by your carrying out such strenuous physical activity. If in doubt, you are responsible for consulting a medical practitioner or cancelling your membership.
E. Your membership applies to you personally: you cannot lend, assign or transfer it toanother person.
5. PAYMENT OF FEES
A. Upon our acceptance of your completed application form, you will pay our admissionfees (“Admission Fees”), course fees (“Course Fees”) and other fees (“OtherFees”) by a date determined by BODIK.
B. The Admission Fee is a one-time fee, however, if a Member’s membership is
C. cancelled for any reason and said former Member wishes to rejoin, the Admission Fee shall be collected again.
D. Unless provided otherwise herein, Admission Fees, Course Fees and Other Fees are non-refundable regardless of actual usage of the Club. The fees may be
E. adjusted from time to time by BODIK at its sole discretion.
F. Unless otherwise specified, all fees and dues are exclusive of goods and services tax, value added tax or other tax that may become applicable with respect to the fees
G. and dues according to the applicable laws.
6. FACILITIES AND SERVICES
A. You must not share your Membership Card or permit its use by anybody else.
Failure to comply with this clause will result in the non-refundable cancellation of membership.
B. You acknowledge that to provide the facilities, each Club may need to close certain or all facilities temporarily for decorating, cleaning, essential repairs or maintenanceof equipment and special events, that this may disrupt the provision of services to you and you agree that such disruption shall not amount to a breach of these Terms and Conditions by us.
C. The Club’s normal hours of operation are indicated at the Club entrance and notice board. BODIK reserves the right to adjust the hours for the purpose of cleaning, decorating, repairs or for special private functions and holidays. BODIK shall endeavour to give reasonable notice of any lengthening or shortening of such hours.
7. CLUB USAGE
A. In addition to these Terms and Conditions, we may from time to time issue additional rules governing your use of the Club. You must familiarise yourself with such rules and these Terms and Conditions before usage of the Club. We may cancel your membership without notice if you break the rules or any of these Terms and Conditions.
B. You shall not, at any time while you are a Member, contact any person who is an employee, representative or consultant of BODIK, for the purpose of soliciting,
C. inducing or attempting to induce any such person to provide directly to you, any services said person provides to members as an employee, representative or consultant of BODIK.
D. Members must secure their personal belongings on their person or put them in the lockers provided by us at all times whilst using the Club. Your personal belongings are brought to the Club entirely at your own risk.
E. You will not under any circumstances abuse the facilities, staff or equipment of the Club and you will pay for any damage to our property.
F. The Member shall not use the Club whilst suffering from any infections or contagious illness, disease or other ailments such as 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 Members.
8. PERSONAL TRAINING SESSIONS
A. Training sessions for Members are strictly by appointment.
B. You are responsible for arriving on-time to your training sessions. Trainers are obligated to wait only 10 minutes. After 10 minutes, the personal trainer has the right to leave the Club and the session will be lost and will not be refunded.
C. You are asked to imoform at least 24 hours in advance for rescheduling or cancellation of a training session. The session will be lost if cancelled or rescheduled with fewer than 24 hours’ notice. Failure to contact your trainer will result in a session loss.
D. Except permitted by clause 10 below, a Member must complete all personal training sessions by the expiration date of the training package.
E. Except permitted by clause 11 below, all personal training sessions are nonrefundable and non-transferable.
F. If the personal trainer feels that training with you will be detrimental to your health and well-being, the personal trainer retains the right to cancel or reschedule as he/she deems fit.
G. The personal trainer reserves the right to require medical clearance if you may be at risk.
You may apply to BODIK for extension of course validity period in writing clearly setting out reasons for the extension. BODIK may accept the application for extension at its sole discretion, and once such approval is granted, the extension will be valid for a maximum period of 6 months. A Member can only apply for extension once during the course of their membeship with BODIK.
10. CANCELLATION BY YOU
A. BODIK grants all Members a 5 business day cooling-off period (excluding Saturdays, Sundays and Public Holidays) from the date the application form is submitted to BODIK. During this cooling-off period, the Member may choose to cancel his/her membership with BODIK for a full refund of any amounts paid by such member to BODIK. The refund will be paid to the cancelling Member within 14 business days of receiving written notice of his/her intention to cancel.
11. MONEY BACK GUARANTEE
A. After the first month of any course, you may apply for a refund of all the fees for such course if you do not achieve the targets set by you and our personal trainer for such period (“Money Back Guarantee”). You are required to personally hand us a written pplication for such a refund. BODIK has the sole discretion to approve the application. BODIK shall make such decision upon consulting with your assigned personal trainer. You are not allowed to use the Club or its facilities after receiving such refund of the fees.
B. Your application for refund of all fees will not be approved in the following
i. If the application is made due to personal reasons such as voluntary
relocation/job transfer or pregnancy, or;
ii. If you have cancelled more than two training sessions prior to making the
application for refund, or;
iii. If you have not show up for minimum of 5 training session prior to
making the application for refund or;
iv. Failing to provide us with a report on the food intake more than three times
prior to making the application for refund, or;
v. If BODIK believes that you have withheld information or provided us with
C. We reserve the right to reject an application for refund for any reason we may deemappropriate.
D. BODIK may, at any time and without prior notice, change the terms of, or discontinue,this Money Back Guarantee.
12. USE OF NUTRITIONAL AND/OR HEALTH INFORMATION
A. During the course of attending training sessions, BODIK, its employees or
representatives may provide general information, guidance or advice on nutrition orweight management recommendations ("Advice") to you. Such Advice is forinformational purposes only. Nothing represented by BODIK, its employees or representatives contain or constitute, and should not be interpreted as, medical advice or opinion. Neither BODIK, its employees or representatives are medical professional, and BODIK is not in the business of providing medical services or rendering medical advice. Any Advice provided by BODIK, its employees or representatives are not a substitute for the advice of a medical professional, and you should not rely on such Advice when making medical decisions, or to diagnose or treat a medical or health condition. Your use of such advice does not create a doctor-patient relationship between you and BODIK or its employees or representatives.
B. BODIK may not be aware of any of your medical conditions, you hereby represent and warrant to BODIK that you will ensure you are following an appropriate diet for any medical condition you may suffer. BODIK recommends following a healthy, balanced diet that provides the right amount of nutrients. You hereby represent and guarantee to BODIK that, before attending any session with BODIK, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet.
13. USE OF NUTRITIONAL PRODUCTS
Nutritional products provided or sold to you through BODIK are in compliance with all applicable laws in Singapore. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, or if you suspect you have a health problem. All nutritional products purchase through BODIK are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, BODIK disclaims all warranties of any kind, either express or implied, including, any implied warranties, with respect to such nutritional products. Without limiting the generality of the foregoing, BODIK expressly disclaims all liability for product defect or failure, claims that are due to product misuse, abuse, improper product selection and noncompliance with any printed directions.
14. FORCE MAJEURE
A. For the purposes of these Terms and Conditions, a Force Majeure Event means an event beyond the reasonable control of BODIK including but not limited to strikes, lock-outs or other industrial disputes (whether involving BODIK or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
B. BODIK shall not be liable to you as a result of any delay or failure to perform its obligations under these Terms and Conditions as a result of a Force Majeure Event.
C. If a Force Majeure Event prevents BODIK from providing services to its members for more than 30 days, BODIK may, without limiting its other rights or remedies, have the right to cancel any affected memberships immediately by giving written notice to such members. Members who have their membership cancelled by BODIK for this reason shall receive a refund for the unused Course Fees and shall not be subject to an Admission Fee if they sign up with BODIK in the future.
15. LIMITATION OF LIABILITY
A. All warranties, conditions and other terms implied by statute or common law are hereby, to the fullest extent permitted by law, excluded.
B. We will not be liable for any injury including, without limitation, personal, bodily or mental injury, economic loss, or any damage to you, or your relatives resulting from the acts of anyone using the facilities or acts of BODIK’s employees or agents. You agree to bear responsibility for all liabilities and damages arising from any injury, including, without limitation, bodily or mental injury, economic loss, or any damage to another member caused by your deliberate or negligent action.
C. Subject to the other provisions of this clause, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise connected in the performance or contemplation of this contract shall be limited to the fees that you have paid us for the course you were signed up for at the time of the cause of the claim.
You agree to indemnify, defend and hold us and all of our agents, directors, officers, shareholders, employees, contractors, content/information providers, licensors and licensees and our affiliated companies as well as the agents, directors, officers, shareholders, employees, contractors, content/information providers, licensors and licensees of our affiliated companies, (collectively "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions and any other rules issued by us. You will cooperate as fully as reasonably required in the defense of any claim.
17. NO THIRD PARTY RIGHTS
Nothing in these Terms and Conditions shall grant to any third party any right to enforce any term of these Terms and Conditions or to confer on any third party (except our affiliated companies) any benefits under these Terms and Conditions for the purposes of the Contract (Rights of Third Parties) Act (Cap 53B) the application of which legislation is hereby expressly excluded.
A. Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of these Terms and Conditions be deemed to be an affirmation by us that your behaviour is acceptable.
B. Where a provision of these Terms and Conditions is deemed to be invalid or unenforceable by any Court in Singapore, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
C. We may assign or transfer the benefit of these Terms and Conditions our obligations under it, to any other legal entity at any time without notice to you.
D. In the event that any photographs, video recordings or images ("Images") are made by BODIK for the purpose of creating promotional or marketing materials, members included in such Images are deemed to have given their consent to the taking of the Images and hereby perpetually and irrevocably grant all and any intellectual property rights he or she may have in such Images to BODIK.
E. BODIK may at its sole discretion amend, vary, delete or add to these Terms and Conditions with immediate effect. Members will be advised of any changes by notification on the Club notice board.
F. BODIK may, from time to time wish to show potential Members or others around the Club and allow them to use the Club facilities on a trial basis and reserves the right to do so.
G. These Terms and Conditions shall be governed by Singapore law and the Singapore courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.