- Fitness First Clubs in THAILAND ("The Club")The Club is operated by Evolution Wellness (Thailand) Ltd. with a business address at Level 3-4, Sathorn Square Office Tower, 98 North Sathorn Road, Silom, Bangrak Bangkok 10500 (“The Company”). The principal objective is to provide health and leisure facilities for Club Members and their Guests. The Home Club is where a member joins or visits most frequently. The Company has appointed a Management team (“The Management”), who are responsible for the operation of The Club.
- Membership Terms
a) Membership is personal to the member and is non assignable, non-transferable and non-refundable. A member may not loan his/her membership card to be used by a third party. The Company may assign the benefit of these agreements to any person, firm or company at any time without notice to the member.
b) All new memberships and membership transfers are subject to the approval of the Management. The Management reserves the right to reject an application for membership to the Club for any reason whatsoever.
c) Upon acceptance, the member will be issued with a membership card (which shall remain the property of the Company) and the member shall be entitled to all the rights and privileges under the class of membership. If a membership card is lost or misplaced, the Management will issue a replacement card at a nominal charge.
d) Any member wishing to enter the club without a valid membership card will only be admitted at the absolute discretion of the Management.
e) Comfort Guarantee - You have a 'comfort guarantee' period of 7 days commencing from the date a Contract is formed. If you wish to utilize this period to cancel your membership, you are required to tell us in writing (preferably on the form supplied by us) that you want to cancel your membership during your Comfort Guarantee Period. We will cancel your contract and refund your initial membership payment minus the administrative fee and Body First/PT purchases. Membership is non-transferable during the comfort guarantee period. After the Comfort Guarantee Period ends, if you wish to terminate/cancel the Contract, you must pay certain fees. The particular amount of fees payable varies depending upon the reason that you are terminating the Contract. Please refer to the cancellation provision as outlined for full details in relation to your right to cancel your membership and the fees payable in those circumstances.
f) Membership Categories
i) Club Class – Member can gain access to any Fitness First Premium and Platinum clubs nationwide and worldwide* as well as any Zone and club class clubs.
ii) Zone - Member can gain access to any Fitness First Premium and Platinum clubs nationwide and worldwide* as well as any Zone clubs. Not applicable to any Club Class clubs.
iii) Platinum - Member can gain access to any Fitness First Premium and Platinum clubs nationwide and worldwide*. Not applicable to any Zone and Club Class clubs.
iv) Premium - Member can gain access to any Fitness First Premium clubs nationwide and worldwide*. Not applicable to any Platinum, Zone and Club Class clubs.
v) Home - allows use of the club in which membership was registered.
*This membership allows you 30 complimentary visits every calendar year to clubs in:
- Fitness First Asia
- Fitness First Australia
- Fitness First Middle East
vi) Lifestyle membership is a minimum 12 full month’s membership commitment and cannot be cancelled during this period except as outlined in accordance with Termination of Membership section. Thereafter the contract will continue to run on a month to month basis until cancelled. Time freeze and Pro rata dues are not classified as full membership payment and do not count toward the minimum term.
vii) Lifestyle Plus membership is a minimum of 12 to 36 months of membership commitment and cannot be cancelled during this period except as outlined in accordance with Termination of Membership section. Thereafter the contract will continue to run on a month to month basis until cancelled. Time freeze and pro rata dues are not classified as full membership payment and does not count toward the minimum term.
viii) Premier membership is a month to month continuous membership plan with a minimum commitment of 4 full paying months. The contract will continue to run on a month to month basis until cancelled in accordance with Termination of Membership section. Time freeze and Pro rata dues are not classified as full membership payment and do not count toward the minimum term.
ix) Memberships are available to individuals who have attained a minimum age of 15 years old. A parent/guardian for any applicant below 20 and above 15 must sign on the agreement/paper contract or digital contract as consent for the minor to join the Club(s) and abide the rules and regulations. Alternatively the parent/guardian may produce a signed letter of consent to The Club.
x) A lump sum prepaid term membership plan is available upon request. Prepaid membership dues and freeze fees are non-refundable and non-transferable in any circumstances. Lump sum membership will automatically end at the end of the minimum term unless you choose to renew it.
- Membership Agreement / Contract FormFitness First Membership Agreement/Contract is available in a paper contract or digital contract.
a) A digitally/electronically signed contract and paper signed contract are legally recognized and shall not be denied of its legal effect, validity, or enforceability.
b) You will be given a copy of digital signed contract upon joining via email that you have provided to us. Alternatively, you may request to have a printed copy from the Club upon joining.
c) A paper form contract may be used at the discretion of the Club. A copy of your signed contract will be scanned and attached to your membership profile.
- Membership Feesa) All members shall pay an initial Joining Fee and Administration Fee in the sum specified, which are non-refundable and shall become due immediately upon being accepted as a member. Joining fee and Administration fees are subject to change without notice.
b) Initial fees and Membership fees are not refundable upon resignation or termination for any reason whatsoever.c) Monthly subscription is payable on the 1st of every month through credit card/ bank direct debit arrangements as indicated in the front of membership application form upon joining (or on a separate Action Form - whichever the most current). A THB200 late payment fee will be imposed thereafter per outstanding month.d) Failure to use or non-usage of the Club's facilities does not eliminate the obligation to pay all subscriptions in a timely manner.e) The credit card/bank direct debit authorization amount must be sufficient to cover at least three months subscription outstanding plus late payment fees. On occasions, bank delays may cause your credit card/direct debit to be inactive for several months. In this case you can make payments directly at the club. Please always update your billing details and contact information with the Club. Fitness First may increase the frequency of billing runs at any time to collect the arrears.
f) The Management reserves the right to cancel any membership on which fees are unpaid for three months or more. Legal action will be taken to recover outstanding dues from the member.
g) Any lapse in membership will require the member to re-join at the prevailing Initiation Fees.
h) Membership Fee Increase:
i) Price promise; Fitness First agrees not to increase the Members' Monthly Dues within their Minimum Contract Period (MCP).
ii) Thereafter Fitness First reserves the right to increase prices of any existing membership option whether individual or under a corporate account, subject to giving 30 days’ notice to the Members by posting such notifications in the club, or by whatever means is deemed appropriate at the time.
iii) Monthly Membership Dues are payable in advance through the autopay system. Fitness First reserves the right to charge a nominal fee in the event of late payment due to unsuccessful collection for whatever reason, or in the event that an alternative method of payment is used.
iv) If membership fees are increased, you hereby authorise the Company to increase any autopay instruction that is indicated in the front of the membership application form upon joining (or on a separate Action Form - whichever is the most current) accordingly.
- Freezing Membershipa) Members may "freeze" their memberships by continuing to pay a THB500 prevailing freeze fee per month. Freeze fee is payable in advance.b) A member must give notice to the Club 30 days in advance to the first day of the freezing month. Back dating freeze is not allowed. Freeze request shall be processed by The Club’s Front of House Manager. A written confirmation shall be issued by the Club to confirm the freeze period.c) The freeze period must be for a period of not less than 1 month or a maximum of 12 months and the Member needs to be an active paying member for a minimum of 3 months after joining.d) The Time Freeze period always starts on the 1st day of the month and finishes on the last day of the month.e) The freezing period does not count towards the minimum term. Freeze may not be used in respect of the notice period for cancellation of membership.
f) Members may not use the club facilities during this freezing period unless you unfreeze your membership by paying the pro rata dues of the month before the end of freezing period.
g) Your frozen membership will be reactivated to a full paying membership automatically upon the expiry of the frozen period.
- Termination of membership
a) Termination of agreement by member
Only in the following events may the member be entitled to terminate the agreement by notifying Fitness First in writing 1 calendar month or 30 days in advance.
i) The type of exercise equipment or other services under clause 4 is not available at the fitness gym or such equipment is defective to the extent that it is neither appropriate nor sufficient given the number of members or the size of the exercise area and Fitness First fails to replace them with those of not lower quality within 7 days from the date of receipt of a notice.
ii) There is medical evidence confirming that continuing working out may directly harm the health or physical condition or cause mental disorder to the member.
iii) The member suffered injury caused by Fitness First’s trainer who lacked skill and knowledge or by exercise equipment on which no warning notice of defect is displayed.
b) Fitness First’s right to terminate the agreement
i) In the following circumstances, Fitness First has right to terminate the membership of the member by notifying the member in writing 1 calendar month or 30 days in advance. In this respect, the member could be notified in person to sign for acknowledgement or by registered post with return receipt to his or her latest address given to Fitness First:
• Act deliberately or with gross negligence, causing damage to the fitness gym’s exercise tools or equipment or preventing them from normal use.
• Undertake any act in a manner that constitutes a trade or provision of services inside Fitness First, for instance, teaching exercise method to other persons in the fitness gym, selling food, beverages, vitamins, drugs, food supplements or any other acts suggestive to seek benefits the reform, etc.
• Put the member or other person at risk when using the fitness gym’s services or abuse or misure physical enhancement drugs, including but not limited to illegal use of drugs or drug overdose or intake of food and drug administration unapproved drugs.
• The member conducts any that jeopardize Fitness First’s reputation, prestige, property or commercial interest. The membership expiration date shall be the last day of the month based on the calculation method.
ii) In the following circumstances, Fitness First may exercise the right to terminate the member’s membership forthwith and the termination shall take immediate effect without the need to notify the member in advance:
• The member deliberately commits a crime.
• The member behaves in the manner that disturbs the use of the services at fitness gym by other members.
• The member is infected with severe contagious diseases.
- Physical condition of membera) Our staff, agents and subcontractors are not medically qualified, so if you have any doubts about your fitness or capability to exercise, we strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for correctly using all club facilities. If you are not sure how to use any equipment, always ask a member of staff.
b) The member warrants and represents that he/she is in good physical condition and that he/she knows of no medical or any other reason why he/she is not capable of engaging in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition.
c) The member shall not use any club facilities whilst suffering from any infections or contagious illness, disease or other ailment such as open cuts, abrasions, open sores or minor infection, where there is risk that such use may be detrimental to the health, safety, comfort or physical condition of other members.
d) Members and their guests exercise and use the facilities at their own risk and are advised to consult their physician prior to commencing any type of physical exercise.
- expulsion of membersThe management may terminate the membership of any member:
a) Without notice and with immediate effect if a member’s conduct, whether or not such conduct is the subject of complaint by another member or members, is such that in the reasonable opinion of the Management, it is harmful to the character and/or interests of the Club.
b) Without notice and with immediate effect if the member has committed any breach of these rules or of the Rules & Regulations of The Club as are from time to time in force.
c) If any monthly membership fees or locker fees remain unpaid after the due date for payment.
d) Upon notice in writing, if the Company is of the opinion that the member is not a suitable individual for continued membership of the Club.
e) Without notice and with immediate effect if a member is found to have violated the privacy of any other member within the shower and the changing rooms or are caught in lewd or compromising actions.
A member whose membership is terminated by the Management shall forfeit all the privileges of membership with immediate effect without claim of any refund of his/her initial Start-up Fee or Monthly Membership dues, other than any monthly membership dues paid in advance. Upon termination of his/her membership the member shall return forthwith his/her membership card and any other evidence or property of membership provided to that member by the club and shall settle any outstanding debts.
- guestsa) Member introducing guests shall ensure that their guests complete a guest pass and pay the current guest fee for a guest pass.
b) A guest pass may be used only once per club and not for multiple entries to one particular club.
c) Guests will have the same membership privileges (except personal training) as the member who introduced them and will be subject to the same club rules and limitations of liability as the member. It is the responsibility of the member introducing a guest to ensure that their guest complies with the Club rules.
d) The Management reserves the right to exclude any guest from the Club without giving any reason for doing so and change the charges levied on guest passes from time to time.
- HEALTHY AND SAFETYa) All members are encouraged to fix an appointment to undertake a fitness evaluation conducted by a Fitness Instructor before starting an exercise program.
b) Members should be considerate of other members and wipe down equipment with hand towel.
c) Fitness Instructors are authorized to stop anyone from exercising if he/she is considered exercising in a manner that may result in personal injury or/and injury to others. Users must abide by the instructions of the Fitness Instructor.
d) Smoking is not permitted in any part of the Club.
e) In the interest of health and hygiene, all Club users are requested to shower prior to entering the Sauna/Steam Room.
f) Members or guests may not use the facilities of the Club while under the influence of alcohol, narcotics or other mood altering substances.
- OPERATION HOURSThe Club's normal hours of operation are indicated at the Club entrance and notice board. The Management reserves the right to adjust the hours for purposes of cleaning, decorating, repairs, special private functions and holidays. The Management shall endeavour to give reasonable notice of any change in operation hours.
- DRESS CODEAll members and guests are required to wear proper gym attire when exercising. A top is required that covers the chest area, no torn clothes are permitted. Closed toe, non-marking, rubber soled shoes are required at all times in the gymnasium and in the aerobics room.
- CLUB FACILITIESa) The Management accepts no responsibility for loss or damage to member's contents kept in daily / membership lockers for any reason whatsoever.
b) The use of mobile phones with camera features and/or any other types of visual recorders in changing rooms are strictly prohibited. Members breaching this rule will be handed over to the Authorities to be dealt with accordingly.
c) Certain complimentary drinks are provided to members for consumption within the premises only. Members and guests are not allowed to bring their own food and/or drinks into the Club.
d) The Management may from time to time show potential members or others around the Club and allow them use the Club facilities on a trial basis and reserves the right to do so.
e) Towel / Locker / Key / Card - A nominal fee is chargeable for any lost/ damaged towel / locker / key / card.
- MEMBERSHIP LOCKERSMembership lockers are available for rent at the prevailing monthly fee which may change from time to time. Locker rental is for a minimum of 6 months and payment must be made upfront together with a deposit. Lockers are not transferable.
A locker key shall be given to the member which remains the property of the Company and must be returned upon termination of locker rental or termination of membership.
- PROVISION OF PERSONAL DATAa) The Company recognises the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
b) You understand, acknowledge and consent to the Company processing, collecting and using your personal data for the following purposes:
i) Processing, administering and managing your Fitness First Contract and any membership benefit programs;
ii) Processing any transactions or payments made by you and to maintain payment records;
iii) Contacting you or communicating with you via telephone call,
text message, fax message, email and/or postal mail for the purposes of processing, administering and managing your Fitness First Contract and any membership benefit programs;
iv) For publicity purposes and conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities in order to enhance the services we provide to you, where you have consented for the Company to do so;
v) Record-keeping purposes;
vi) Responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;
vii) Complying with any applicable law, regulation, legal process or government request; and
viii) Storing, hosting and/or backing up (whether for disaster recovery or otherwise) your personal data, whether within or outside Thailand.
c) Your personal data may be used, disclosed, maintained, accessed, processed and/or transferred to the following third parties, whether in Thailand or outside of Thailand, for one or more of the purposes set out above:
i) The Company's head office, affiliates and subsidiaries;
ii) Any of the Company's agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to those third party service providers which have been engaged by the Company to : (i) to provide and maintain any IT equipment used to store and access your personal information; (ii)
to operate the; or (iii) otherwise in connection with the provision of Fitness First services to you;
iii) The Company's auditors and legal advisors;
iv) Financial institutions, credit card companies and payment processors; and
v) Public and governmental / regulatory authorities, courts and other alternative dispute forums.
- OTHERSa) Soliciting and selling private personal training sessions or merchandises to any member are prohibited and shall result in immediate termination of the member concerned.b) Daily lockers must be cleared daily. Unclaimed or lost properties will be kept by the club for a period of 1 month after which the Management reserves the right to dispose of the items in any way it sees fit. No claims shall be entertained after this period.
c) The Management reserves the right to use any individual or group photographs of members and/or guests for press or promotional purposes.
d) All members must abide by the rules of the Club which may be amended, varied, deleted and added from time to time at Management's discretion.
e) Failure by the Management to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.
f) These Rules shall be governed and construed in accordance with the laws of Thailand and subject to the jurisdiction of Thailand.
g) All brandings, design, logos and Club interior follow Fitness First International brand manual. Any guests or members are not allowed to photograph or copy any club interior designs, promotional materials, tag lines or theme. Fitness First reserves the right to proceed with legal action to any member caught distributing, sharing or supplying such contents to any third party vendor or competitor.
- Limitation of LiabilityIn consideration for the Management accepting his/her application for membership of the Club and for him/her becoming and remaining a member of the Club, the member agrees that:
a) Fitness First accepts no responsibility for loss or damage to members' or their guests' properties or for death or injuries sustained while on the premises. Members and their guests agree that no claims will be made against the Company, Fitness First, the Management or staff for any reason whatsoever.
b) Fitness First, its associated companies, employees or agents shall not be held responsible for any claims, demands, injuries, damages or actions for negligence arising on account of death or due to injury, loss, damage or theft to a member's person or property arising out of or in connection with the use by a member of any of the services, facilities on the premises of Fitness First. The member hereby holds the Company, Fitness First, its associated companies, employees and agents harmless from all claims which may be brought against them by or on a member's behalf for any such injuries or claims aforesaid.
c) Any guest of a member or a temporary visitor to the Club shall agree to abide with the Club rules and the same limitation of liabilities for a member shall apply.