Terms of service
EXPRESS FITNESS LIMITED — MEMBERSHIP TERMS & CONDITIONS
1. DEFINITIONS
In this Agreement the following terms apply.
“Agreement” means this Membership Agreement made between the Member and Express Fitness Limited.
“Advance Membership Payment” or “AMP” means any membership for which membership fees are paid in advance for a specified duration and which expires automatically at the end of that duration unless renewed, including the "Day Pass", “1 Day” "7 Day", "1 Month", “2 Month”, “3 Month”, “6 Month”, “12 Month” and any other fixed-term membership product marketed or designated by Express Fitness from time to time, irrespective of the name used. AMPs one month or longer comprise four (4) calendar weeks or twenty-eight (28) days per month.
“Auto-Pay” means any membership plan under which the Member authorizes Express Fitness to automatically collect the applicable membership fees on a recurring basis by charging a payment card or debiting a bank account nominated by the Member at enrolment or subsequently (the Member's “Payment Method on File”). Such plan may be marketed, branded or otherwise identified by Express Fitness as "Auto-Pay", "Direct Debit", or by any other name or designation adopted by Express Fitness from time to time.
“Billing Date” means the scheduled date each month on which your Auto-Pay membership fee falls due to be charged to your Payment Method on File.
“Club” means the Express Fitness location at which the Member applied for membership, as identified in this Agreement.
"Customer Care Email" means customercare@expressfitnessja.com, or such other email address as Express Fitness may designate from time to time by notice to Members.
“Express Fitness”, “we”, “us” or “our” means Express Fitness Limited, its successors and permitted assigns.
“Facilities” means the premises, equipment and services made available by Express Fitness at the Club (and, where the Member's membership permits access to other Express Fitness locations, at those locations) from time to time, and “Facility” means any part of the Facilities.
“Key Fob” means the access card, fob or other access credential issued by Express Fitness to a Member for entry to the Club.
"Member", "you" or "your" means the individual who applies for, purchases or holds a membership with Express Fitness under this Agreement and, where the context requires, includes the parent or legal guardian who signs this Agreement on behalf of a Member under the age of eighteen (18) years.
“Payment Method on File” means the payment card or bank account nominated by the Member for Auto-Pay billing, together with any replacement or updated payment details subsequently provided by the Member or received through an account updating service, where applicable.
“Staffed Hours” means the hours during which the Club is staffed by Express Fitness personnel, as displayed at the entrance to the Club and/or published on the Website.
“Unstaffed Hours” means any hours during which the Club is open and accessible to Members but which are not Staffed Hours.
"Website" means the official website of Express Fitness located at www.expressfitnessja.com, together with any replacement website, subdomain or successor website designated by Express Fitness from time to time.
2. MEMBERSHIP, FEES AND PAYMENTS
a. Nature of Membership. Your membership permits you to use the Express Fitness Facilities, subject to the terms, conditions and limitations of the membership identified in this Agreement. Your membership is non-transferable unless authorised by Express Fitness. Express Fitness reserves the right to offer memberships on different terms and at different prices.
b. Membership Products. Express Fitness offers a variety of membership products, each of which may differ in duration, fees, access privileges, hours of access, eligibility for membership freezes, key fob entitlement, included services, benefits and other features. The features, benefits, eligibility requirements and limitations applicable to each membership product are those published by Express Fitness on its website, at the Club, or otherwise made available to the Member at the time the Member purchases that membership. Unless otherwise expressly provided in this Agreement, those published terms form part of the Member's membership. Express Fitness may, from time to time, introduce, discontinue or amend any membership product, including its fees, features, benefits, eligibility requirements and limitations. Any such introduction, discontinuance or amendment will apply only to memberships purchased after it takes effect and will not affect the terms applicable to a membership already purchased, except as otherwise expressly provided in this Agreement or required by applicable law.
c. Club Privileges. The type of membership you purchase determines which Express Fitness Club or Clubs you have access to and the respective privileges available to you.
d. Discounts. Express Fitness may offer discounted memberships at its discretion and may withdraw or vary any discount programme at any time. Express Fitness may require personal information or supporting documentation to determine whether a person qualifies for a discount.
e. Proof of Identity. As a condition of membership, the Member must provide valid government-issued photographic identification and any other information or documentation reasonably requested by Express Fitness to verify the Member's identity, age or address. Express Fitness may refuse, suspend or terminate membership if satisfactory documentation is not provided or if any information provided is false or misleading.
f. Minimum Age. The minimum age for membership is 16 years. Members aged 16 or 17 years must have a parent or legal guardian present at the time of enrolment to co-sign the Membership Agreement before the membership commences. Members under the age of 18 years will not be provided with a Key Fob and are only permitted to access the Club during Staffed Hours. The parent or guardian co-signing this Agreement is responsible for ensuring that the minor is medically and physically fit to exercise and to use the Facilities safely. The co-signing parent or guardian agrees to be responsible for the performance of the minor member’s obligations under this Agreement, including the payment of all fees, until the member attains the age of eighteen (18) years.
g. Orientation. As a condition of membership, the Member must complete the Express Fitness orientation programme before using the Facilities. The orientation may be provided in person at the Club or electronically, including as part of the online membership sign-up process, and is mandatory for all membership types. The orientation is designed to instruct Members on the safe and proper use of the Facilities and equipment. The Member must acknowledge, in writing (including electronically), completion of the orientation before using the Facilities. Express Fitness may refuse access to the Facilities, suspend the Member's access or terminate this Agreement if the Member fails to complete, or acknowledge completion of, the orientation.
h. Membership Freeze. AMP Memberships with a term of at least eight (8) consecutive weeks may be frozen for medical or personal reasons for a maximum of twelve (12) weeks. A request for a freeze on medical grounds must be supported by a certificate or other written confirmation from a licensed medical practitioner, if requested by Express Fitness. To request a freeze, the Member must contact Express Fitness in writing by email to the Customer Care Email. Where a freeze is approved, the expiry date of the AMP Membership will be extended by the duration of the approved freeze. Auto-Pay Memberships are not eligible for a membership freeze.
i. Membership Fees. The Member agrees to pay all membership fees and other charges applicable to the membership selected under this Agreement. Where the Member has selected an Auto-Pay Membership, the Member also agrees to be bound by the Auto-Pay (Recurring Card Payment) terms and conditions set out in this Agreement. Express Fitness may introduce new fees or amend existing fees from time to time, provided that such fees are published on the Website and/or at the Club. Any new fee or increase to an existing membership fee will take effect in accordance with the Membership Fee Increases provision of this Agreement. Except as expressly provided in this Agreement or required by applicable law, the Member's failure to use the Facilities does not relieve the Member of any payment obligations under this Agreement, as membership fees are payable for the right to access the Facilities rather than for actual usage.
j. Membership Fee Increases. Express Fitness may introduce new fees or amend existing fees from time to time. Any new fee or amendment to an existing fee will be published on the Website and/or at the Club before taking effect. The manner in which any fee increase takes effect depends on the Member's membership type, as set out below.
i. AMP Memberships. The membership fee payable for an AMP Membership will not change during its current membership term. Upon expiry of the membership term, any renewal or purchase of a new AMP Membership will be at the membership rates in effect on the date of renewal or purchase. Current membership rates are published on the Website and at the Club. The Member is under no obligation to renew, and payment of the renewal fee constitutes acceptance of the then-current membership rate.
ii. Auto-Pay Memberships. Express Fitness may increase the membership fee payable under an Auto-Pay Membership by giving the Member at least thirty (30) days' prior written notice in accordance with the Notices provision of this Agreement. The revised membership fee will take effect on the first Billing Date occurring on or after the expiry of that notice period. By continuing the Auto-Pay Membership beyond the effective date of the fee increase, the Member authorises Express Fitness to charge the revised membership fee to the Member's Payment Method on File. If the Member does not accept the revised membership fee, the Member may terminate the Auto-Pay Membership in accordance with the Termination of an Auto-Pay Membership provisions of this Agreement. If Express Fitness receives the Member's notice of termination at least forty-eight (48) hours before the applicable Billing Date, the revised membership fee will not be charged.
k. Setting and Adjustment of Membership Fees. All membership fees are set and payable in Jamaican dollars. Express Fitness may review and adjust membership fees from time to time, taking into account movements in the Jamaican Dollar/United States Dollar exchange rate, inflation, increases in operating costs, market conditions and any other relevant commercial factors. Any resulting change to the membership fee payable by a Member constitutes a change in membership fees and will take effect only in accordance with the Membership Fee Increase provisions of this Agreement.
l. Payment in United States Dollars. Express Fitness may, in its sole discretion, accept payment of membership fees in United States dollars. Where Express Fitness agrees to accept payment in United States dollars, the applicable Jamaican dollar membership fee will be converted into United States dollars using the selling exchange rate published by National Commercial Bank Jamaica Limited on the date the payment is processed, plus an administrative margin of up to one per cent (1.0%) to reflect currency conversion and payment processing costs.
m. Auto-Pay Payment Terms
i. Authorisation. By enrolling in an Auto-Pay Membership, the Member authorises Express Fitness, through its payment processor, to charge the Member’s Payment Method on File on each Billing Date for the applicable membership fee and any other amounts properly due and payable under this Agreement. This authorisation is continuous and will remain in effect until the Auto-Pay Membership is cancelled or terminated in accordance with this Agreement.
ii. Storage and Security of Payment Information. Payment information provided in connection with an Auto-Pay Membership is collected and stored by Express Fitness' payment processor using industry-standard security measures appropriate to the payment method used, including encryption, tokenisation and other security protocols where applicable. Express Fitness does not store the Member's complete payment credentials and only retains such payment information as is necessary to administer the Member's Auto-Pay Membership.
iii. Amount of Charges. The amount charged to the Member's Payment Method on File will be the membership fee applicable to the Member's selected membership at the rate published by Express Fitness from time to time and determined in accordance with this Agreement. No separate notice from the payment processor is required in respect of any fee change made in accordance with the Membership Fee Increase clause of this Agreement.
iv. Timing of Charges. Charges will normally be processed on the Member's Billing Date. If the Billing Date falls on a public holiday, weekend, or any other day on which payment processing is unavailable, the charge may be processed on the next business day without affecting the Member's payment obligations under this Agreement.
v. Payment Method on File. The Member must ensure that the Member's Payment Method on File remains valid and has sufficient available credit or funds on each Billing Date. The Member must promptly update the Payment Method on File through the online member account or by contacting customer care if the payment method expires, is replaced, cancelled or otherwise changes. The Member authorises the payment processor to receive updated payment credentials through applicable account updater services where available.
vi. Failed payments. If payment using the Member's Payment Method on File is declined or otherwise unsuccessful on the first collection attempt, Express Fitness will make one (1) further attempt to collect the payment, normally on the second day of the applicable billing cycle. If payment remains uncollected after those two (2) collection attempts, the Auto-Pay Membership will automatically terminate.
vii. Billing Queries and Disputes. Any query or dispute regarding a charge should, in the first instance, be directed to the Customer Care Email. Express Fitness will investigate the matter and respond within a reasonable time. If Express Fitness determines that a charge was made in error, it will refund the amount to the Member using the original payment method, or by such other method as Express Fitness may reasonably determine, as soon as reasonably practicable.
viii. Stopping Payments. Charges to the Member's Payment Method on File will cease when the Auto-Pay Membership is terminated in accordance with the Cancellation, Termination and Refund provisions of this Agreement. Express Fitness will not charge the Member's Payment Method on File after the Auto-Pay Membership has terminated, except for any membership fees or other amounts that became due and payable before the date of termination.
3. CANCELLATION, TERMINATION AND REFUNDS
A membership may only be terminated, and a refund of membership fees will only be payable, in accordance with this Section or as otherwise expressly provided in this Agreement.
a. Permanent Sickness, Physical Incapacity or Death. If the Member suffers a permanent sickness or physical incapacity that permanently prevents the Member from using any of the Facilities, the Member may terminate the membership by providing written confirmation from a licensed medical practitioner verifying the permanent sickness or physical incapacity. In the event of the Member's death, the Member's estate may terminate the membership by providing satisfactory evidence of death. In either case, Express Fitness will refund the unused portion of any prepaid membership fees and the Member (or the Member's estate) will have no further obligation to pay membership fees after the effective date of termination.
b. AMP Memberships. An AMP Membership expires automatically at the end of its membership term and does not renew unless the Member purchases a new AMP Membership. Except as provided in paragraph (a) above, or as otherwise required by applicable law, no refund or credit will be given for any unused portion of an AMP Membership.
c. Termination of an Auto-Pay Membership. A Member may terminate an Auto-Pay Membership by giving written notice by email to the Customer Care Email. The notice must be received at least forty-eight (48) hours before the Member's Billing Date. A notice of termination is deemed received when it arrives in Express Fitness' email inbox, as evidenced by the email timestamp, regardless of whether customer care is then operating. Express Fitness will use reasonable endeavours to acknowledge receipt of the notice in writing. Where the notice is received at least forty-eight (48) hours before the Member's Billing Date, the Auto-Pay Membership will terminate at the end of the current billing cycle. Where the notice is received less than forty-eight (48) hours before the Member's Billing Date, the termination will take effect at the end of the following billing cycle. No refund or pro-rated credit will be given for any billing cycle that has already commenced.
d. Suspension or Termination by Express Fitness. Express Fitness may suspend or terminate a Member's membership by giving notice to the Member in accordance with the Notices provisions of this Agreement. Express Fitness may suspend or terminate a Member's membership for cause where the Member:
i. fails to pay any amount due under this Agreement within seven (7) days after written notice of the failure;
ii. breaches this Agreement, any membership policy or any Club rule published by Express Fitness from time to time and, where the breach is capable of remedy, fails to remedy it within seven (7) days after written notice requiring it to be remedied; or
iii. engages in conduct that, in the reasonable opinion of Express Fitness, is improper, abusive, unlawful, unsafe, or prejudicial to the interests, reputation or operation of Express Fitness, its Members or its staff.
Express Fitness may suspend a Member's membership, including the Member's access to the Facilities, while investigating an alleged breach of this Agreement or where suspension is considered an appropriate alternative to termination. Membership fees remain payable during any suspension imposed for cause, and a suspension does not extend the membership term. Where an investigation concludes that the Member did not breach this Agreement, Express Fitness will extend the membership term, or credit the membership fees paid, for the period of the suspension.
Termination for Cause. Where membership is terminated for cause, the Member is not entitled to any refund or credit except as required by applicable law.
Termination Without Cause. Where Express Fitness terminates a membership without cause, Express Fitness will refund the unused portion of any prepaid membership fees on a pro-rated basis and, in the case of an Auto-Pay Membership, no further membership fees will be charged after the effective date of termination.
e. Effect of Termination. Upon the effective date of termination, the Member's right to use the Facilities immediately ceases and Express Fitness may deny the Member access to any Club. Any membership fees or other amounts that became due and payable before the effective date of termination remain due and payable notwithstanding the termination of the membership. Express Fitness may deduct any outstanding amount from any refund otherwise payable to the Member and, if the refund is insufficient, the Member must pay the outstanding balance immediately upon demand. Any refund payable under this Agreement will be processed as soon as reasonably practicable and, in any event, within thirty (30) days, to the original payment method or, where that is not reasonably practicable, by such other method as Express Fitness may reasonably determine.
4. ACCESS TO THE CLUBS
a. Access and Key Fobs. Access to the Facilities is restricted to Members and other persons expressly authorised by Express Fitness. Members must not permit any unauthorised person to enter or use the Facilities, whether during Staffed Hours or Unstaffed Hours. Where a Member permits or facilitates access to the Facilities by an unauthorised person, Express Fitness may:
i. suspend or terminate the Member's membership in accordance with this Agreement;
ii. charge the Member a non-compliance fee at the rate published by Express Fitness on its website and in effect at the time of the breach;
iii. prohibit the Member from purchasing any future membership offered under the Express Fitness brand; and
iv. recover from the Member any loss, damage, cost or expense reasonably incurred by Express Fitness as a result of the unauthorised access, to the extent permitted by law.
A Member who permits an unauthorised person to enter or use the Facilities acknowledges that the unauthorised person does so entirely at the Member's invitation and risk.
Where a membership product includes the issue of a key fob to a Member, the key fob must not be shared, transferred or loaned to any other person. Lost or stolen key fobs must be reported immediately to the Club or to the Customer Care Email. Replacement key fobs are available upon payment of the applicable replacement fee published by Express Fitness from time to time.
b. Staffed Hours. The staffed hours applicable to each Club will be published by Express Fitness at the Club, on its Website, through its social media channels and/or by any other communication channel used by Express Fitness from time to time. Express Fitness reserves the right to amend the staffed hours from time to time. Any revised staffed hours will take effect upon publication.
c. Unstaffed Hours. Certain membership products permit Members to access the Facilities during unstaffed hours. During such hours, no Express Fitness personnel may be present at the Club and Members use the Facilities at their own risk. By accessing the Facilities during unstaffed hours, the Member acknowledges and accepts the additional risks associated with exercising without on-site supervision or immediate assistance and agrees to exercise reasonable care for their own health, safety and personal property. Members who are uncomfortable exercising in an unstaffed environment should use the Facilities during staffed hours only. Express Fitness may suspend or restrict access to the Facilities during unstaffed hours at any Club where reasonably necessary for maintenance, repairs, security, emergencies or other operational reasons.
d. Temporary Closures. Express Fitness may, from time to time, temporarily close or restrict access to any equipment, studio, amenity, service, area or Club for maintenance, repair, cleaning, refurbishment, improvement, inspection, safety, security or other reasonable operational purposes. Except as otherwise expressly provided in this Agreement, any such temporary closure or restriction will not constitute a breach of this Agreement and will not entitle the Member to any refund, credit, extension of membership or reduction of membership fees. Where every Club available under the Member's membership is temporarily closed, the Force Majeure and Emergency Events provisions of this Agreement shall apply, where applicable.
5. CLUB RULES, POLICIES AND OPERATIONAL CHANGES
a. Club Rules and Policies. The Member acknowledges that Express Fitness operates its Clubs in accordance with rules, regulations, policies and procedures established for the safe, efficient and proper operation of the Facilities. The Member agrees to comply with all such rules, regulations, policies and procedures, including any amendments made by Express Fitness from time to time. The rules, regulations, policies and procedures in effect from time to time are published on the Website and/or through such other communication channels as Express Fitness may determine and are incorporated into this Agreement by reference.
b. Operational Changes. Express Fitness may from time to time make reasonable changes to the operation of its Clubs, including changes to Facilities, equipment, services, operating procedures, class schedules, Club layouts, maintenance programmes and other operational matters. Minor or operational changes may take effect upon publication by Express Fitness.
c. Material Changes. Where a proposed change materially reduces the services, benefits or Facilities available under the Member's membership, or materially increases the Member's obligations under this Agreement, Express Fitness will give the Member at least fourteen (14) days' prior written notice in accordance with the Notices provisions of this Agreement. If the Member does not accept the change, the Member may terminate the membership without penalty by giving written notice before the change takes effect. Where the Member terminates an AMP Membership under this paragraph, Express Fitness will refund the unused portion of any prepaid membership fees on a pro-rated basis.
d. Children. Children under the age of sixteen (16) are not permitted beyond the reception area of the Club except with the prior approval of Express Fitness or where participating in a programme or activity expressly authorised by Express Fitness. Any person who brings a child under the age of sixteen (16) onto property owned, occupied or controlled by Express Fitness is responsible at all times for the child's supervision, safety and conduct. Children under the age of sixteen (16) must not be left unattended at the Club or on any property owned, occupied or controlled by Express Fitness.
6. HEALTH AND SAFETY
a. Physical Condition and Medical Advice. The Member acknowledges that participation in physical exercise and the use of the Facilities involve inherent risks of injury, illness and, in rare circumstances, death. The Member is responsible for determining whether the Member is physically fit to participate in exercise and use the Facilities and should consult a qualified medical practitioner before commencing or continuing any exercise programme if the Member has any medical condition, injury, illness or other concern that may affect the Member's ability to exercise safely. Express Fitness does not provide medical advice and nothing said or done by Express Fitness, its employees, agents or contractors should be construed as medical advice or as a substitute for consultation with a qualified medical practitioner. If the Member's physical condition changes in a manner that may affect the Member's ability to exercise safely, the Member must immediately stop using the Facilities and obtain appropriate medical advice before resuming use of the Facilities.
b. Medical Emergencies. In the event of a medical emergency involving the Member at the Club or on any property owned, occupied or controlled by Express Fitness, the Member authorises Express Fitness and its directors, officers, employees, agents and contractors to take such reasonable action as they consider appropriate in the circumstances, including:
i. contacting the Member's nominated emergency contact;
ii. calling an ambulance, medical practitioner or other emergency services;
iii. providing or arranging reasonable first aid pending the arrival of emergency medical assistance; and
iv. providing emergency responders with such personal or medical information relating to the Member as is reasonably necessary to assist in the emergency.
Any ambulance, medical or other emergency response costs incurred on behalf of the Member are the responsibility of the Member. Express Fitness personnel are not medical practitioners and any assistance provided by them is rendered in good faith, having regard to the circumstances existing at the time of the emergency.
c. Equipment. Express Fitness will use reasonable efforts to maintain the Facilities and equipment in a safe and serviceable condition and will remove from service any equipment that it knows, or reasonably believes, to be unsafe. Before using any equipment, the Member must exercise reasonable care to satisfy themselves that it appears suitable and safe for its intended use. If any equipment appears damaged, defective or otherwise unsafe, the Member must not use it and must immediately notify Express Fitness staff or, during unstaffed hours, report the issue using the reporting procedure published by Express Fitness from time to time. The Member agrees to use all equipment only for its intended purpose, in accordance with any instructions provided by Express Fitness or the equipment manufacturer, and in a safe and responsible manner. Except to the extent required by applicable law, Express Fitness shall not be liable for injury or damage arising from the Member's misuse of the equipment or failure to comply with this clause.
d. Video Surveillance and Photography
i. Security Surveillance. Express Fitness uses video surveillance systems for the safety, security and protection of its Members, guests, staff, Facilities and property. By entering or using the Facilities, including any parking area or other area owned, occupied or controlled by Express Fitness, the Member acknowledges that such areas may be monitored and recorded by video surveillance. Video surveillance is limited to areas that Express Fitness reasonably determines require monitoring and will not include the interior of bathrooms, changing rooms or shower areas.
ii. Storage and Use of Recordings. Video surveillance recordings will be stored securely and retained only for as long as is reasonably necessary for the security purposes described in this Agreement or as otherwise required or permitted by applicable law. Express Fitness will collect, use, retain and disclose such recordings in accordance with the Data Protection Act, 2020, its Privacy Policy and any other applicable law.
iii. Promotional Photography and Videography. Express Fitness may, from time to time, conduct photography or videography at the Facilities for promotional, marketing or other legitimate business purposes. Where reasonably practicable, Express Fitness will notify Members in advance by publication at the Club, on its Website, via its social media channels and/or through any other communication channel used by Express Fitness from time to time. By entering or remaining in an area where promotional photography or videography is taking place, the Member consents to the reasonable capture and use of the Member's image, likeness and voice by Express Fitness for promotional, marketing and related business purposes. A Member who does not wish to be featured should notify Express Fitness before or during the recording. Upon receiving such notice, Express Fitness will not feature the Member in any promotional material published after receipt of that notice and will, where reasonably practicable, withdraw or cease further use of any existing promotional material in which the Member is identifiably featured.
7. LIABILITY
a. Release, Assumption of Risk & Limitation of Liability
i. Assumption of Risk. The Member acknowledges that participation in physical exercise and the use of the Facilities involve inherent risks, including the risk of serious injury, permanent disability or death. Such risks include, without limitation, abnormal blood pressure, fainting, heart disorders, heart attack, dehydration, heat exhaustion, muscle strains, sprains, stress fractures, shin splints, tendonitis, cartilage injuries, back injuries, bruising, falls and accidents involving exercise equipment or other Members. The Member voluntarily assumes all inherent risks associated with the use of the Facilities.
ii. Release. To the fullest extent permitted by applicable law, the Member releases Express Fitness, its directors, officers, employees, agents and contractors from liability for any injury, loss or damage arising from the inherent risks of using the Facilities or participating in activities at the Club, except to the extent such injury, loss or damage results from the gross negligence, fraud, wilful misconduct or from any other liability of Express Fitness that cannot lawfully be excluded or limited.
iii. Limitation of Liability. To the fullest extent permitted by applicable law, Express Fitness shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, or for any loss of profit, income, opportunity or goodwill arising out of or in connection with this Agreement or the Member's use of the Facilities. Subject to the preceding sentence and to any liability that cannot lawfully be excluded or limited, Express Fitness' total liability arising out of or in connection with this Agreement shall be limited to the direct loss suffered by the Member.
iv. No Exclusion of Mandatory Rights. Nothing in this Agreement excludes, restricts or limits any right or remedy available under applicable law to the extent that such right or remedy cannot lawfully be excluded, restricted or limited.
b. Member Indemnity. The Member agrees to indemnify and hold harmless Express Fitness, its directors, officers, employees, agents and contractors against all reasonable losses, damages, costs, expenses, liabilities, claims, actions, proceedings and judgments incurred by Express Fitness arising directly from:
i. the Member's negligent, reckless, wilful or unlawful act or omission;
ii. the Member's misuse of the Facilities or equipment;
iii. the Member's breach of this Agreement or the Club Rules; or
iv. injury to any person, or loss of or damage to any property, caused by the Member while at the Club or otherwise using the Facilities,
except to the extent that such loss, damage, liability or claim is caused or contributed to by the negligence, fraud or wilful misconduct of Express Fitness or any liability that cannot lawfully be excluded or limited.
c. Liability for Property
i. Personal Property. Members are responsible for the security of their own personal property while at the Club or on any property owned, occupied or controlled by Express Fitness. To the fullest extent permitted by applicable law, Express Fitness is not responsible for the loss of or damage to any personal property brought onto such premises, including property left unattended, in lockers or in vehicles, except to the extent that such loss or damage is caused by the negligence or wilful misconduct of Express Fitness.
ii. Damage to Club Property. A Member who negligently, recklessly, wilfully or unlawfully damages the Facilities, equipment or any other property owned, occupied or controlled by Express Fitness is liable for the reasonable cost of repairing or replacing the damaged property.
iii. Vehicles. Vehicles parked at the Club or on any property owned, occupied or controlled by Express Fitness are parked entirely at the owner's risk. To the fullest extent permitted by applicable law, Express Fitness is not responsible for the loss of or damage to any vehicle or its contents, except to the extent that such loss or damage is caused by the negligence or wilful misconduct of Express Fitness.
iv. Lost Property. Property found at the Club will, where reasonably practicable, be retained by Express Fitness for up to thirty (30) days. If the property is not claimed within that period, Express Fitness may donate, recycle, discard or otherwise dispose of it without further notice or liability.
8. PRIVACY
a. DATA PROTECTION
i. Collection and Processing of Personal Data. Express Fitness collects, uses, stores and otherwise processes personal data relating to Members for the purposes of administering memberships, providing access to the Facilities, processing payments, communicating with Members, maintaining the safety and security of the Facilities, complying with applicable legal and regulatory requirements, and for such other lawful purposes as are described in Express Fitness's Privacy Policy.
ii. Health and Sensitive Personal Data. Where Express Fitness collects health information or other sensitive personal data (including information contained in pre-exercise questionnaires, medical certificates or other documents voluntarily provided by the Member), the Member expressly consents to Express Fitness collecting, using, storing and otherwise processing such information for the purposes of assessing the Member's fitness to use the Facilities, administering the Member's membership, considering requests for membership freezes or other accommodations, promoting the safe use of the Facilities, complying with applicable law and for such other lawful purposes as are described in Express Fitness's Privacy Policy. The Member agrees to provide only such health information or other sensitive personal data as is reasonably necessary for those purposes. Where the Member is under the age of eighteen (18) years, the consent in this paragraph is given by the co-signing parent or legal guardian on the Member's behalf.
iii. Storage, Security and Retention. Express Fitness will collect, use, retain, disclose and protect personal data in accordance with the Data Protection Act, 2020, its Privacy Policy published on the Website, and any other applicable law. Access to health information and other sensitive personal data will be restricted to personnel who reasonably require access to perform their duties. Personal data will be retained only for as long as is reasonably necessary for the purposes for which it was collected or as otherwise required or permitted by law. Express Fitness will not sell a Member's personal data to third parties.
iv. Member Rights. Subject to applicable law, the Member may request access to or correction of the Member's personal data, withdraw any consent previously given where processing is based on consent, or opt out of receiving marketing communications by contacting the Customer Care Email.
9. GENERAL LEGAL PROVISIONS
a. Contact Information and Notices. The Member must promptly notify Express Fitness of any change to the Member's contact information relevant to the membership, including the Member's email address, telephone number and residential address (where applicable). It is the Member's responsibility to ensure that such contact information remains current and accurate. Unless otherwise expressly provided in this Agreement, any notice required or permitted to be given by Express Fitness under this Agreement may be given by email, text message, post or any other communication channel used by Express Fitness from time to time, using the Member's most recent contact details provided to Express Fitness, and will be deemed to have been validly given when sent.
Unless otherwise expressly provided in this Agreement, any notice required or permitted to be given by the Member under this Agreement must be given in writing using the contact details published by Express Fitness from time to time, including the Customer Care Email, where applicable. The Member agrees that any notice, statement, invoice or other communication required or permitted under this Agreement may be provided electronically and that any such electronic communication constitutes written notice for the purposes of this Agreement.
b. FORCE MAJEURE AND EMERGENCY EVENTS
i. Force Majeure. Express Fitness will not be liable for any delay, interruption or failure in providing access to the Facilities or performing its obligations under this Agreement where such delay, interruption or failure results from events beyond its reasonable control, including acts of God, hurricanes, earthquakes, floods, fires, pandemics, epidemics, public health emergencies, acts of terrorism, civil unrest, labour disputes, utility failures, adverse governmental or regulatory action, states of emergency, disaster declarations or any other event beyond the reasonable control of Express Fitness.
ii. Temporary Closure of Clubs. Express Fitness may temporarily close or restrict access to one or more Clubs where reasonably necessary as a result of a Force Majeure event or for reasons relating to health, safety, security, maintenance, repairs or operational requirements. Such temporary closure or restriction will not constitute a breach of this Agreement.
iii. Extended Closure. If every Club available under the Member's membership remains closed for more than fourteen (14) consecutive days as a result of a Force Majeure event, the Member's membership will automatically be suspended for the duration of the closure. During that period:
1. Auto-Pay Memberships will not be billed unless the Member elects in writing to continue the membership and recurring billing; and
2. AMP Memberships will have their membership term extended by the period during which every Club available under the Member's membership remained closed.
Express Fitness may notify Members of any such suspension or extension through any communication channel used by Express Fitness from time to time.
c. Governing Law. This Agreement is governed by and shall be construed in accordance with the laws of Jamaica. Subject to any rights or remedies that cannot lawfully be excluded or limited, the parties irrevocably submit to the exclusive jurisdiction of the courts of Jamaica in respect of any dispute arising out of or in connection with this Agreement.
d. Severability. If any provision of this Agreement is held by a court or other competent authority to be invalid, illegal or unenforceable, that provision will be deemed modified to the minimum extent necessary to make it valid and enforceable or, if that is not possible, severed from this Agreement. The validity, legality and enforceability of the remaining provisions of this Agreement will not be affected.
e. Entire Agreement. This Agreement, together with the Member's Membership Application, the Club Rules, the Privacy Policy and any other documents expressly incorporated by reference, constitutes the entire agreement between Express Fitness and the Member in relation to the Member's membership and supersedes all prior agreements, negotiations, representations, understandings and arrangements relating to that membership. Each party acknowledges that, in entering into this Agreement, it has not relied on any statement, representation or warranty not expressly contained in this Agreement. Nothing in this Agreement excludes or limits liability for fraud or fraudulent misrepresentation.
f. No Waiver. No failure or delay by Express Fitness in exercising any right, power or remedy under this Agreement shall operate as a waiver of that right, power or remedy, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise of it or the exercise of any other right, power or remedy.