TERMS & CONDITIONS
PRINCIPAL TERMSThis agreement commences once you have indicated your acceptance in the Declaration section of the web sign up process. In some locations you can choose to delay the start date of your membership by up to 3 months. If you want to bring this date forward please contact us on (876)- 883-1487 or at email@example.com and we will be more than happy to discuss your options. Please do note, however, that the terms in the Money Back Guarantee section of these terms may then apply in that situation. This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen. You cannot transfer this agreement to anyone else. We aim to respond to all customer service queries within two business days.
Nature of Membership. Your membership permits you to use Express Fitness premises, equipment and services (Facilities) as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by management. Express Fitness reserves the rights to sell memberships at different rates and terms. All Club Privileges – Your membership entitles you to utilize any Facility across Jamaica. Membership Freeze – Up to 12 Weeks per year at 2-week increments. Express Fitness will only freeze your membership if you qualify under the membership freeze policy set out by the Club. To be eligible for a membership freeze you must be in good standing with all processing and enrolment fees paid and you must be current on your monthly/fortnightly fees. Foundation Membership – Members who duly complete and sign an Express Fitness Membership Agreement form prior to the club opening date are defined under Express Fitness Membership Policies as a Foundation Member. A Foundation Member has the privilege of maintaining the value of their membership for the life of the agreement. Limited to the first 100 members. Express Fitness reserves the right to terminate their privileges in the event of the following: a) An AMP membership is not renewed prior to its expiry date b) A Direct Debit membership is in arrears for any fees or services. c) A member’s conduct is improper or harmful to the best interest of Express Fitness and/or its members. Termination of a Foundation Membership privileges is effective on the date Express Fitness advises the member by email/mail to the last known address.
A member is subject to a $250 fee in the event that a fortnightly Direct Debit membership is dishonoured by their financial institution. Should a collections agency be retained to collect any outstanding amounts. Then the cost will be borne by you for their services.
You agree to pay the fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in this Agreement.
IN CLUB PAYMENT
This will apply where there is a period of time before the next scheduled billing date. This amount will be calculated on a pro-rata basis and payable up front at the time of joining.
MEMBERSHIP FEE INCREASE
Express Fitness reserves the right, at any time, to change the fees charged to members for the use of the Facilities. Express Fitness agrees to use reasonable endeavours to provide you with written notice of the changes at the most current address you have supplied. The changes will take effect after the notice was posted. At the end of the 30 day period, you authorize Express Fitness and/or the direct debit company to debit the new amount from your account.
CANCELLATION, TERMINATION AND REFUND
Basic Cancellation Rights and Refund: You may cancel your membership and receive a refund of any unused prepaid monthly fees if you qualify as follows: a) Permanent Sickness or Physical Incapacity. Your disability must physically prevent you from using any of the equipment in the facilities and a licensed physician must verify this fact in writing. In case of death, your estate must provide written evidence. In either case, Express fitness will refund any unused prepaid monthly fees. b) Termination of a Direct Debit Membership. Member may terminate once their account is in good standing upon (i) written notice (Cancellation Form) to Express Fitness (ii) return of membership access card/key when your membership ends. Your membership ends 30 days following the day Express Fitness receives written notice. Any notice of termination must be received at least two (2) days before your billing date, to allow Express Fitness sufficient time to process your termination. Any Express Fitness deposits will be used towards your final payments. c) Termination of AMP Membership. If you have a prepaid membership, you may not terminate it during the prepaid period (or get a refund), except for the reasons stated in section (a) and (b) above. If you do not renew your prepaid membership by the renewal date, your prepaid membership automatically expires. d) Termination for Cause by Express Fitness. Express Fitness may, at its option, terminate your membership if (i) you fail to make timely payments under any payment plan: (ii) any monthly payments or fees are late; (iii) you fail to follow any of the Express Fitness membership policies or Club rules, or violate any part of this Agreement; (iv) your conduct is improper or harmful to the best interest of Express Fitness or its members. Termination is effective on the date Express Fitness advises member verbally followed by email/text message or via email/text message to your last known address. You are liable for all portions of unpaid fees and you must immediately return your membership access card/key. e) Effect of Termination & Financial obligation. Upon cancellation or termination, your right to use the Facilities ends and Express Fitness can deny you access to any Express Fitness Club. Any money owing to Express Fitness when your membership ends, remains immediately due and payable and Express Fitness will deduct the amount outstanding from any refund for which you are eligible. If there is not enough money to cover the debt in the refund, you must pay the balance. FAILURE TO USE FACILITY WILL NOT RELIEVE MEMBER OF PAYMENT AS YOU ARE PAYING FOR MEMBERSHIP AND NOT THE USAGE. MINIMUM AGE 16 YEARS OLD Members 16 years old must have a parent or guardian co-sign the membership form prior to commencement. Members under the age of 18 must: (a) Access the club during staffed hours only, no access card will be issued, (b) A pre-exercise questionnaire is to be completed by a parent or guardian, (c) a suitable qualified Personal Trainer to undertake a pre-exercise assessment and then provide and exercise program for the minor prior to commencement of exercise. Please ensure you retain a copy of your emailed receipt once you have made a purchase.
Express Fitness grants members only access to its Facilities. Any member who brings a non- member into the Club during unstaffed hours acknowledges that: 1. They accept responsibility and liability on their behalf for any injury, loss or damage attributed to the non-member whether or not caused through the negligence of Express Fitness. 2. Their Membership will be terminated with a $10,000 non-compliance fee charged to the member’s nominated bank account or credit card. 3. They will be prohibited from joining any Club operating under the Express Fitness brand. KEY – Lost or stolen Access Cards must be reported immediately to the Club Manager.
UNSTAFFED HOURSExpress Fitness operates on a 24/7 basis and is accessible by members during unstaffed hours. As a member utilizing the Facilities you acknowledge that you enter and use the Facilities at your own risk. If you feel there is a risk to your personal property, health and safety or you have any other concerns regarding the undue effect of exercising in an unstaffed facility, then DO NOT sign this Agreement.
The staffed hours for the Club are displayed at the entrance to the Club. Express Fitness reserves the right to make amendments to staffed hours at any time without notice.
For security purposes, Express Fitness uses video surveillance equipment to monitor the club on a 24-hour basis. By signing this agreement you acknowledge that by accessing the facility you will be subject to video surveillance and recording. Video surveillance is limited to the floor area only, and is not within the walls of the bathrooms.
It is a condition of this Agreement that you participate in a scheduled member orientation program. The orientation focuses on the safe and correct use of the equipment provided at the Club. Express Fitness may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of the exercise.
You use the Facilities provided by Express Fitness at the club at your own risk and acknowledge that the use of the equipment may involve risk of injury, whether caused by you or another party. You release, to the fullest extent permitted by law, Express Fitness and Express Fitness staff against and from all expenses, damages, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever arising out of, caused by attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person.
You indemnify Express Fitness and Express Fitness staff against and from all expenses, damages, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever that Express Fitness incurs arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person caused by you at or in the club or in the vicinity of the club.
You understand and acknowledge that Express Fitness purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the club. You understand and acknowledge that Express Fitness is providing recreational services and may not be held liable for defective products or equipment.
PHYSICAL CONDITION AND NO MEDICAL ADVICE
You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your using the equipment at the club. You acknowledge that Express Fitness did not give you medical advice before you used the equipment, and cannot give you any medical advice after you join as a member of the club, you must discuss them with your doctor before using the equipment.
LIABILITY FOR PROPERTY
Express Fitness is not liable to you for any personal property that is damaged, lost, or stolen while on or around the club, including, but not limited to, vehicle or its contents or any property left in an open locker. If you cause damage to the club or any equipment you are liable to Express Fitness for its cost of repair or replacement.
CHANGE OF DETAILS
You must provide us with any changes to your details, which are relevant to your membership.
All prices for membership, although in JA$ have a US$ base and may be adjusted in the future to reflect changes in the Jamaican to US$ exchange rate. These changes will not be deemed to be an increase in the membership fees and as a result will not require a notice period. This adjustment will not be deemed to be an increase and as such the clause requiring notification does not apply.
THE DEBITING COMPANY SERVICE AGREEMENT