Terms of service
DEFINITIONS
In this Agreement the following terms apply:
“Agreement” means this membership agreement made between you and Express Fitness Ltd.
“Club” means the Express Fitness Club where you applied for your membership as described in this Agreement.
“You” or”I/We” means the person described in this Agreement who is applying for the Express Fitness Membership.
“AMP” means Advance Membership Payment for a consecutive 8 weeks upward.
“Corporate (12 months)” means a minimum of 26 full calendar fortnightly payments which CANNOT be cancelled during this period.
“Facility/Facilities” means the Club’s premises, equipment and services.
FAILURE TO USE FACILITY WILL NOT RELIEVE YOU OF PAYMENT AS YOU ARE PAYING FOR MEMBERSHIP AND NOT THE USAGE OF THE FACILITIES.
MEMBERSHIP
Nature of Membership. Your membership permits you to use the Express Fitness Facilities as shown and limited by the membership identified. Your membership is non-transferable by you unless authorised 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 Express Fitness Facility across Jamaica except for our Platinum facilities.
Membership Freeze – You may request that Express Fitness freeze your membership for 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; details of the membership freeze policy can be found on our website at (expressfitnessja.com). 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 completed and signed an Express Fitness Membership Agreement form prior to the Club’s opening date are considered Foundation Members. 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 Foundation Membership privileges is effective on the date Express Fitness advises the member by email/mail to the last known address.
RULES AND REGULATIONS
You acknowledge that Express Fitness operates under rules and regulations established by Express Fitness for the safety and protection of its members and agree to be bound by such rules and regulations, as well as by any rules and regulations subsequently approved by Express Fitness and posted or otherwise published by Express Fitness. Such rules and regulations in effect from time to time are accessible at www.expressfitnessja.com and incorporated into this Agreement by reference. Express Fitness Facilities, hours, service, regulations and policies are subject to change from time to time, without notice in the sole discretion of Express Fitness. You agree to accept and adhere to such changes as a condition of membership.
DISHONOUR FEE
A member is subject to a $250 fee in the event that a fortnightly Direct Debit membership is dishonoured by their financial institution. In the event a collections agency is retained to collect any outstanding amounts owed by You, the cost of such services will be for your account.
FEES
You agree to pay the fees set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in this Agreement.
IN CLUB PAYMENT
This will apply where there is a period of time before the next scheduled billing date. This amount will be calculated on a pro-rata basis and payable up front at the time of joining.
MEMBERSHIP FEE INCREASE
Express Fitness reserves the right at any time, to change the fees charged to members for the use of the Facilities. Express Fitness agrees to use reasonable endeavours to provide you with written notice of the changes at the most current address You have supplied. The changes will take effect within twenty four (24) hours after the notice is posted. At the end of the thirty (30) day period, you authorize Express Fitness and/or the direct debit company to debit the new amount from your account.
PRICE INCREASE
All prices for membership, although in JA$ 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.
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 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. A prepaid membership is not eligible for termination during the prepaid period and you will not be eligible for 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 (available on our website – expressfitnessja.com), 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 email address or telephone number. 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 is entitled to deny You access to any Express Fitness Club. Any money owing to Express Fitness at the end of your membership, 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.
MINIMUM AGE 16 YEARS OLD
Members 16 years of age must have a parent or guardian co-sign the membership form prior to commencement. Members under the age of 18 years will not be provided with an access card and are only permitted to access the Club during staffed hours . A pre-exercise questionnaire is to be completed by a parent or guardian, and a suitable qualified Personal Trainer will be appointed to undertake a pre-exercise assessment and then provide an exercise program for the minor prior to commencement of exercise.
ACCESS
Express Fitness grants access to its Facilities to members only. Any member who brings a non-member into the Club during unstaffed hours acknowledges that:
1. They accept responsibility and liability 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 manager of the Club.
UNSTAFFED HOURS
Express 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.
STAFFED HOURS
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 prior notice.
VIDEO SURVEILLANCE
For security purposes, Express Fitness uses video surveillance equipment to monitor and protect the club on a 24-hour basis. By signing this Agreement, You acknowledge and agree that by accessing the Facility, You will be subject to video surveillance and recording and permit Express Fitness Limited to store video surveillance footage in any manner it shall deem necessary for as long as it deems necessary. Video surveillance is limited to the floor area only and will not include the interior of the bathrooms. For the avoidance of all doubt, you consent to being photographed and/or recorded by Express Fitness for the purposes outlined in this Agreement.
ORIENTATION
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 usage of the Facilities.
RELEASE AND WAIVER OF LIABILITY
You recognize that there are hazards and risks connected with physical training. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle train, blisters, stress fracture, shin splints, tendonitis, cartilage tears, back pain and bruising of joints. Exercise beyond your physical limits and/or accidents involving exercise equipment may result in serious injury or even death. You agree that 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 further agree to release Express Fitness Limited and its owners, officers, agents, employees and/or affiliates from any and all liability arising out of injury to You, and further agree to defend, indemnify and hold Express Fitness, its owners, officers, employees and/or affiliates free and harmless from and against the same. 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.
INDEMNITY
You agree to defend, indemnify and hold 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 arising out of your negligent careless or reckless actions (including but not limited to misuse of the Facilities) at or in the club or in the vicinity of the club.
EQUIPMENT
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 use the equipment, and cannot give You any medical advice after You join as a member of the club., .
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, your motor 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.
PROHIBITED ACTIVITIES
Alcohol, drugs (including steroids), and smoking are prohibited in the Facility. You agree not to use the Facility or engage in any activity in the Facility while under the influence of drugs, alcohol or medication that may impair your ability to operate the equipment in the Facility. No weapons of any kind are allowed in the Facility. Gambling or gaming is prohibited within the Facility.
DATA PROTECTION
We collect your personal data in order to better meet your program, services and information needs. By signing this membership form, You consent to Express Fitness collecting, processing and storing personal and sensitive data provided by You.
FORCE MEJURE and ADVERSE GOVERNMENT ACTIONS
We will not be obligated or liable for any delays or failures in making available our Facilities resulting directly or indirectly from acts beyond our reasonable control, including acts of God, adverse government actions, pandemics, epidemics, states of emergency, disaster area declarations, fires, floods or catastrophes, and any abatement, reduction, suspension or cancellation of memberships or membership fees in the event of any of the aforementioned occurrences shall be at the sole discretion of Express Fitness.
THE DEBITING COMPANY SERVICE AGREEMENT
I/We, hereby authorize the debiting company to make periodic debits on behalf of the “Business” as indicated on the front of this Direct Debit Request (herein referred to as the Business).
I/We acknowledge that the debiting company is acting as a Direct Debit Agent for the Business and that the debiting company does not provide any goods or services and has no expressed or implied liability with regard to the goods and services provided by the Business or the terms and conditions of any agreement with the Business.
I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of the agreement with the Business.
I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided. If uncertain, You should contact your financial institution.
I/We acknowledge that it is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by 12am on the due date to enable direct debit to be honored on the debit date. Direct Debits normally occur overnight however transactions can take up to five (5) business days depending on your financial institution.
I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available. I/We agree that the debiting company will not be held responsible for any fees and charges that may be charged by your financial institution.
I/We acknowledge that there may be a delay in processing if:
1. There is a public or bank holiday on the day, or any day after the debit date.
2. A payment request is received by the debiting company on a day that is not a Banking Business Day.
3. A payment request is received after normal debiting company cut off times, being 2pm Monday to Friday.
Any payments that fall due on any of the above will be processed on the next business day.
I/We authorize the Business to vary the amount of the payments from time to time as provided for within this Agreement.
I/We authorize the debiting company to vary the amount of the payments upon instructions from the Business.
I/We do not require the debiting company to notify me/us of such variations to the debit amount.
I/We acknowledge that the Business shall provide fourteen (14) days’ notice if proposing to vary the terms of the debit arrangements.
I/We acknowledge that variations to the debit arrangement will be directed to the Business.
I/We acknowledge that any request to stop or cancel the debit arrangement will be directed to the Business.
I/We acknowledge that any disputed debit payments will be directed to the Business. If no resolution is forthcoming, You are advised to contact your financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, I/We will be responsible for any fees and charges for each unsuccessful debit in addition to any financial institution charges and collection fees, including and but limited to any solicitor fees and collection agent fees appointed by the debiting company.
I/We authorize the debiting company to attempt to re-process any unsuccessful payments as advised by the Business.
I/We acknowledge that if specified by the Business, a setup, variation, SMS or processing fee may apply as instructed by the Business.
The debiting company will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made in it relating to an alleged incorrect or wrongful debit, or otherwise required by law. I/We authorize:
1. The Debit User to verify details of my/our account with my/our financial institution.
2. The Financial Institution to release information allowing the Debit User to verify my/our account details.