TERMS AND CONDITIONS

These Terms and Conditions of Use (the “Terms of Use”) and the Privacy Policy (“Privacy Policy”) set out the terms and conditions governing the use of the facilities and service of Day 1 Fitness. These Terms of Use are entered into between you (referred to as “you”, “your”, or as a “user”) and __________________ trading as Day 1 Fitness (“Day 1 Fitness”, “us”, “we”, or “our”). Please read these Terms of Use carefully.

All of the membership rules contained herein apply equally to members, temporary members and guests alike.

Members of the club are bound, as a condition of membership, to comply with the rules set out below. This is to ensure that the facilities are properly and safely used and that all members have full advantage of them without interfering with the enjoyment of others.

 

Membership

1. All memberships are Non-Transferable & Non-Refundable.
2. On acceptance of an application for Membership, a Membership card would be issued to you in which the same will remain the property of Day 1 Fitness and upon termination of Membership must be returned to the Day 1 Fitness. Failure to do so, you would need to pay HK$300 administration fee as replacement.
3. You must produce your Membership card on each occasion you wish to obtain entry to the Day 1 Fitness facilities.
4. If you lose your Membership card you must pay the $300 administration fee for replacement.
5. All members must be over 16 years old to avail of facilities and services provided at Day 1 Fitness.
6. The Day 1 Fitness reserves the right to restrict the number of persons using the Club at any one time.
7. Day 1 Fitness reserve the right to refuse/ terminate membership to any individual without providing any reason.
8. Membership may be renewed on payment of the prevailing fee and in accordance with the terms and conditions then in force.
9. As a member you agree to comply with the rules of the Day 1 Fitness with regards to use of the facilities, opening hours and your conduct. Day 1 Fitness may make reasonable changes to these rules, from time to time, provided Day 1 Fitness gives advance notice of these changes.
10. You may, at your own discretion and expense, obtain personal insurance for loss, injury or damage that you might sustain arising from use of Day 1 Fitness. You exercise at your own discretion and accept any injury or illness brought on by exercise is your own responsibility.
11. In the event of a breach of membership rules and regulations Day 1 Fitness reserves the right of admission and may reserve the right to require any member or guest to leave the premises. Any member found in breach of rules or committing an illegal act, including theft, will be asked to permanently leave Day 1 Fitness and be barred from ever entering again.
12. Membership term starts on the date of purchase.
13. If there is any sudden permanent disability or sickness or death of the user, we have the discretion to cancel the membership without providing any reasons and you and/or any third party could not challenge the decision accordingly.
14. Day 1 Fitness has the discretion to terminate the membership without providing any reasons.
15. You also agree to allow Day 1 Fitness to collect your biometric information for security purpose. Moreover, you also agree to allow Day 1 Fitness to photograph and/or video you during the time you uses the facilities and services provided by Day 1 Fitness.
16. No place within the facilities is allowed to consume alcohol, take drugs, take photos/video, gamble. Use any form of weapons.
17. Unless and until Day 1 Fitness confirms, no one be allowed to eat and drink within the facilities.
18. No one shall engage personal trainer (paid or not paid) to provide services within the facilities without the approval from Day 1 Fitness.
19. If the Facilities and /or the stuffs be damaged by you, you will be fully liable for the same without any excuse.

 

Classes

1. Revocation of Classes. Day 1 Fitness (in its sole discretion) may revoke Purchaser’s class, class series or class credits, at any time and without refund, in the event that Purchaser engages in behavior that is unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other participants or staff, moral turpitude or fraud, or personal hygiene and attire. The Studio also reserves the right to require Purchaser to leave for the day if, in the Studio’s reasonable judgment, Purchaser poses a health or safety risk to Purchaser or others, or is disturbing or likely to disturb other participants or staff.
2. Use Privileges. Purchaser must abide by the individual rules of the Studio. Additionally, Day 1 Fitness (in its sole discretion) reserves the right to revoke or suspend Purchaser’s class, class series or class credits if Purchaser has purchased a class, class series or class packages, and allows persons other than Purchaser to use Purchaser’s account to book and/or attend classes.

 

Opening Hours

1. The times at which any or all of the facilities shall be available to Members and Guests shall be at the discretion of Day 1 Fitness.
2. Day 1 Fitness reserves the right to alter the opening times of the Club.

 

Lockers

1. Lockers are provided for the use of members and their guests.
2. Lockers may not be used overnight. Members who do so are liable to find that the lockers are opened and locker contents removed. Removal of such items is strictly at the members own risk.
3. In the interest of safety and security please use the lockers provided. Day 1 Fitness will have no liability for goods taken from the changing rooms or lockers.

 

Safety & Hygiene

1. Throughout the course of your membership with Day 1 Fitness, regular health and medical screening should be sought from your General Practitioner and confirmed that to the best of the knowledge suffer from no physical, medical or mental condition which may be significantly aggravated by my proper and reasonable use of the Facilities.
2. Our member’s safety during the COVID-19 pandemic is our main priority and we have introduced a number of measures in Day 1 Fitness to help protect members and staff.
3. Before using the fitness facilities, you should go through a basic introductory session to ensure that you understand the equipment and adopt a safe training regime that suits your needs. This is only available through booking with Day 1 Fitness personal trainer.
4. It is necessary that all members and guests of Day 1 Fitness wear appropriate, clean attire and footwear when using the studio and gym.
5. If you feel unwell or feel any unusual pain then you must stop exercising and inform a member of staff immediately.
6. Studio users are advised to inform the instructor of any injuries, pains, or concerns prior to the class starting.

 

Payment Terms & Conditions – Day 1 Fitness

 

Lawful Use

1. You may not broadcast, copy, download, frame, reproduce, republish, post, transmit or otherwise use our websites content appearing on our website, or any other media, in any way except for your own personal, non-commercial use. Any other use of such content requires permission of our company (contact details available in our privacy policy).
2. You agree only to use our website, and associated services for completely lawful purposes, in a way that does not infringe the rights of, restrict or inhibit the use or enjoyment of this site by any third party. Prohibited behavior includes but is not limited to defamation, damaging the security of our website, harassing or causing distress or inconvenience to any person, damaging content on our website, transmitting obscene or offensive content or anything which may affect the effective operation of our website.
3. We reaffirm, hacking, damaging or otherwise compromising the security of this website is highly unlawful under Hong Hong Ordinance.

 

Disclaimers/Limitation of Liability

1. Our websites content, is provided on an “As Is” and on a “voluntary access” basis without any representations or any kind of warranty whether express, implied or statutory of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
2. We will not be liable for any damages, including consequential damages, or any damages arising from the loss of use, interruption of trade, financial loss or damages, whether in contract, negligence or other tortious action, arising from or in connection with the use of our website.
3. We refuse to accept any responsibility for the failure and/or actions of third parties, and content and communication interception which may occasionally occur using our website or associated services.

 

Disclaimer Of Liability for Legal Declarations

 

General

1. This agreement may only be amended by written agreement of the parties hereto.
2. This Agreement does not create any employment relationship between the Company and the Consultant.
3. This agreement constitutes the whole and only agreement between the Company and the Consultant and supersedes any prior agreements, undertakings, representations, warranties, assurances and arrangements of any nature whatsoever, whether or not in writing, relating thereto.
4. Neither party shall assign or delegate all or any part of its rights, obligations or benefits under this agreement without the prior written consent of the other party.
5. Neither party shall be liable to the other party for any consequential or indirect damages in connection with any claim or cause of action arising hereunder.
6. Any notice made under or in connection with the matters contemplated by this agreement shall be in writing to the parties at their address as first set forth above.
7. If at any time any provision of this agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair: (i) the legality, validity or enforceability in that jurisdiction of any other provisions of this agreement; or (ii) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this agreement.
8. No delay or omission on the part of either party to this agreement in exercising any right, power or remedy provided by law, or under this agreement, shall impair such right, power or remedy or operate as waiver thereof.  The single or partial exercise of any right, power or remedy provided by law under this agreement shall not preclude any other or further exercise thereof or the exercise of any other right, power or remedy.  The rights, powers and remedies provided in this agreement are cumulative and not exclusive of any rights, powers and remedies provided by law.
9. This agreement shall be governed by and construed in accordance with the laws of Hong Kong and both parties agree to subject to the non-exclusive jurisdiction of the Hong Kong Courts.
10. This agreement may be executed in separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument.