FITNESOMETRY TERMS & CONDITIONS

DEFINITIONS:
“Company” shall mean Fashra Enterprises having its registered office at Shop No 66, EMP 56, Evershine Halley CHS Ltd,
Thakur Village, Kandivali East, Mumbai – 400101.
“Fitnesometry” shall mean and include Personal Fitness Studio operated by the Company.
“Fitnesometry Staff” shall mean and include the Company, and its proprietor, fitness professionals, employees and
consultants.
“Member” shall mean an individual who has paid up membership fee and has enrolled himself/herself with the company for
accessing and using the facilities provided at the Fitnesometry.
“Fitnesometry Membership Form (FMF), Fitnesometry Terms & Conditions and Fitnesometry Terms & Conditions for Personal Training” shall mean and be referred to as the “Fitnesometry Rules’, as specified from time to time, and including but not limited to these Terms and Conditions stated herein, all of which constitute a binding Agreement between the Member and the Company.
“Membership Dues” shall mean the non-refundable fees deposited by a Member at the time of registration for obtaining
membership of the Company and Fitnesometry, and Membership Dues shall be inclusive of and not limited to Pro rata Fee,
Security Deposit, Monthly Subscription, Penalty and Fines etc. All the Membership Dues are non-refundable.

  1. MEMBER REPRESENTATION: The Member represents that he/she is fit to access the Fitnesometry and participate in the fitness activities provided at the Fitnesometry. The Member further represents that he has undergone a medical check-up for determining the foregoing and/or has received such medical advice before applying for Membership and that he shall undergo regular periodic medical check-ups for such purpose.
  2. MEMBERSHIP ENTITLEMENT: The Company is not obliged to accept the FMF of every applicant and shall have the right to refuse or reject membership to any applicant. Subject to the Company’s approval, membership entitlement begins immediately from the date as mentioned and or detailed in the FMF and the acceptance of the Fitnesometry Rules by the Member, as specified from time to time by the Company. A Member is entitled to access and use the facilities and services of the Fitnesometry only during the specified operating hours of Fitnesometry.
  3. DELAY OF START DATE: Member can request for delaying the start date subject to maximum 30 days from the date of payment of membership dues.
  4. TRANSFER OF MEMBERSHIP: The membership is non-transferable under any circumstances except in case of
    death of a member.
  5. CANCELLATION, FREEZE, REFUND OF MEMBERSHIP DEUS: Membership once granted cannot be cancelled or
    frozen for any duration and membership fee paid cannot be refunded under any circumstances whatsoever.
  6. TERMINATION: The Company reserves the right to terminate the membership of a Member at any time without any notice and any refund of the Membership Dues in respect thereof in case of the breach of any of the Fitnesometry Rules, by the member, as specified from time to time.
  7. NO SMOKING, DRINKING ALCOHOLIC BEVERAGES, DRUGS, PETS ETC. IN THE FITNESOMETRY: The
    Company reserves its right to restrict the entry and terminate the membership of any Member without any notice if the Member is found to have consumed any alcohol, drugs or other illegal or intoxicating substance prior to entering the Fitnesometry or within the Fitnesometry or if he brings such substances to the Fitnesometry, or if the member indulges in any verbal/physical altercation or sexual misconduct or any other misbehaviour with Fitnesometry staff or with another member or for anyone within Fitnesometry premise. The decision of the Fitnesometry Management will be final and binding in the matter, with no refund of Membership Dues for any paid but unused services or remaining period of Membership.
  8. CCTV SURVEILLANCE: In the interest of the safety and security of our staff, members and visitors, certain areas of
    the Fitnesometry are covered under 24 hour CCTV surveillance.
  9. INDEMNITY LIMITATION OF LIABILITY: In consideration of being allowed to access the Fitnesometry and participate in the fitness activities provided at the Fitnesometry or at any location outside the Fitnesometry, the Member hereby undertakes to indemnify and keep harmless the Company and/or Fitnesometry staff and declares that the Company and Fitnesometry staff are absolved to the fullest extent of any or all liability(ies) arising from any personal injury or damage caused (whether fatal or otherwise) to him/her or any loss, damage or theft of any property belonging to, or brought into the Fitnesometry premises by a Member or any guest occurring within the Fitnesometry howsoever caused and that the Company/ Fitnesometry’s contractual and legal rights and remedies, are independent and cumulative
  10. RELEASE AND INDEMNITY: In consideration of the grant of the membership to a Member entitling him/her access
    to the Fitnesometry, to engage in fitness activities and use of the various equipment and areas of the Fitnesometry for physical exercise, the Member hereby agrees and undertakes to indemnify and keep harmless the Company and/or its representatives, employees, agents, instructors, Proprietor/Directors etc. to the extent applicable under any law for the time being in force and in respect of any actions, suits, proceedings, claims, demands, losses, damages, penalty and expenses arising as a result of or in connection with his/her involvement in fitness activities of the Company or being within the Fitnesometry premises or from the use of the various equipment and areas of the Fitnesometry for physical exercise. The Member also agrees and undertakes to indemnify and keep harmless the Company and/or its representatives, employees, agents, instructors, Proprietor/Directors etc. to the extent applicable under any law for the time being in force in the event of death of or personal injury to a Member or any guest invited by the Member to the Fitnesometry.
  11. Personal Training: Terms and Conditions specifically applicable to Personal Training are printed on Fitnesometry Personal Training Card and they form integral part of Fitnesometry Terms & Conditions.

FITNESOMETRY TERMS & CONDITONS FOR PERSONAL TRAINING

  1. Definitions: As enumerated in Fitnesometry Terms & Conditions provided on back of Fitnesometry Membership Form.
  2. Monthly, Quarterly and Half Yearly Fitnesometry Plan for personal training comprise of 12, 36 and 72 sessions of 1 hour each, conducted on alternate days of the week.
  3. Fitnesometry currently provides Iconic and Platinum category of Personal training programs depending on category of Personal Trainer. These plans and their fees are subject to change from time to time at discretion of the Company.
  4. Fitnesometry reserves rights to decide on category of Trainers from time to time.
  5. Members seeking personal training session on all days of the week will have to buy two plans running simultaneously.
  6. The days and time slots of personal training will be decided at the time of buying the plan and once allotted, the date and time slots cannot be changed.
  7. Happy Hours category of membership is strictly applicable only for time slots from 12 Noon until 6:00 PM on any working days at Fitnesometry.
  8. A session missed by the member for reasons attributed to him/her will not be adjusted and will be counted as session
    conducted unless 24 hours advance notice is given to the Personal Trainer.
  9. In case a session is missed due to trainer’s non availability, maintenance day or a National holiday, the same will be adjusted by offering an additional session.
  10. Upgradation of personal training should be done within 15 days of enrollment by making differential membership dues in full.
  11. Each session must be recorded by the member by his /her signature on Personal Training Card.
  12. If a trainer is unable to continue to provide personal training session to his/her member, this member would be transferred to another trainer in the same category.
  13. Any expenses incurred by the Member following through on suggestions or recommendations by the Personal Trainer will be borne by the Member and there will be no liability on the Company.
  14. The member of Personal Training acknowledges that the Fitnesometry and/or the company and company staff did not provide any medical advice before taking the membership and further agrees and accepts that the company or company staff shall not provide him any Medical Advice after he becomes a member, relating to physical condition and ability to use the facilities and Personal Training services. If the buyer has any health or medical concerns, now or after taking the membership, it is the member’s responsibility to discuss them with his own doctor before using the facilities and Personal Training services.
  15. The company and/or Fitnesometry will have rights to make/amend rules, regulations & restrictions as it may deem necessary for smooth running of operations & Personal Training.
  16. Terms and Conditions mentioned herein shall be read in conjunction with Fitnesometry Terms & Conditions mentioned behind Fitnesometry Membership Form (FMF).