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Terms & Conditions
I. Definitions
Rolling Monthly Fee. Monthly recurring payment with continuous access to UTime Fitness gyms, fitness services or online services.
Auto-cancellation. The immediate cancellation of a membership due to a non-renewal of a flexible access, flexi student, corporate, key worker, off peak or prepaid access membership.
Admin Fee. Initial fee paid by members to be signed up at the gym.
Cancel. Terminating or revoking a membership.
Complimentary Membership. Free membership at UTime Fitness gyms.
Digital Membership. App-only UTime Fitness membership.
Facilities. Equipment and amenities available for use by members at any gym location in accordance with this agreement.
Freeze. Suspending a membership for a set period of time.
Group Exercise. Also known as UGX, structured or licensed exercise classes to larger groups.
Gym Location. Any UTime Fitness gym location that can be used by anyone with a valid membership agreement.
Gym Owner. Any other gym location and entity other than the members home gym.
Home Gym. The primary location and entity to which the member agrees to sign up and have access to.
Home Gym Owner. The entity controlling the business operating the members home gym.
Member/I/You. The person whose name and signature appears on this agreement.
Members. Persons with a valid UTime Fitness gym membership.
Membership Fee. One-off or recurring fee paid by members to gain access to UTime Fitness gyms or online services.
New Member Startup Fee. Initial fee paid by members to cover the cost of any equipment or paraphernalia required for membership.
Personal Training. One-on-one exercise program delivered by a certified personal trainer.
Personal Training Membership. Guidance, Support, Get You There, Achiever are rolling monthly PT subscriptions. These are subject to the same terms and conditions as rolling monthly memberships.
Prepaid Membership. One-off membership with access to UTime Fitness gyms or online services paid for in advance for a set period.
Small Group Training. Personal training delivered to two or more members.
Transfer. Assigning a membership contract or other services to another person.
U App. The UTime Fitness application required to be downloaded by members to access UTime Fitness facilities and services
U App Pro. The Utime Fitness application offering advanced features and benefits at additional monthly cost..
We/UTime Parties. The home gym owner, other gym owners, UTime Limited, and all their owners, employees, agents, successors, and assigns.
II. Safety
To mitigate risk and ensure that you correctly operate and use UTime Fitness Facilities, services, products, or equipment, you are required to be familiar with any piece of equipment prior to use. If no staff is present, we advise you not to use the facilities or try said exercise until you have spoken to qualified UTime staff and/or have sought expert advice from the equipment manufacturer and/or a qualified fitness trainer.
I understand that an initial safety induction to any Gym Location is required prior to using the Facilities and I understand that I will need to watch and/or receive a guided induction.
I further understand that the final steps of my sign up before my account will become active include:
1. Compulsory Safety Induction: I confirm that I have been guided through the safety induction process by a qualified UTime staff member and/or I confirm that in lieu of a face-to-face induction, that I have seen or read the compulsory gym-specific safety induction video or process for my home gym; AND that I understand all points raised and highlighted in said induction process.
2. I confirm that my identification was validated onsite by a UTime staff member.
III. Membership
Prior to the activation of my membership, I may be required to pay an Admin Fee for setup, a New Member Setup fee to cover the cost of equipment and paraphernalia I need to maximize my membership, as well as the prorata for any days or weeks that my membership is active prior to a full months billing.
A UTime Fitness membership may have two components: a digital app to be downloaded to my personal mobile, and a physical access to UTime Fitness gym locations.
I understand that a basic digital membership has no access to UTime Fitness gym locations, and I can only access the basic features of the U App. I may upgrade my digital membership to a U App Pro membership to access additional features and services on the U App.
I understand that an Access or Results Membership includes and requires the download of the U App.
I may also need to pay for additional services such as personal training, group exercise classes,
IV. Duration
All monthly rolling memberships automatically renew, unless the member provides written cancelation notice to terminate 20 days in advance of the scheduled renewal. Both memberships come with access to the U App and physical gyms, does not include access to UApp Pro). A digital membership provides access only to U App or U App Pro automatically renews monthly and is available even without gym membership.
V. Cancellation
1. Right to Cancel During Cooling Off Period
I may cancel this agreement without penalty by delivering or mailing a completed cancellation request to my Home Gym before midnight of the second business day after signing this agreement. The Home Gym will return all payments made within 14 days of receiving my cancellation. An administration fee of 10% of fees paid is deducted if you exercise your right to the 48-hour cooling off period. All refunds will be made by cheque or direct deposit into a nominated account. There will be no cash refunds.
2. Notices and Fees
After the expiry of the cooling period and following completion of the contracted term you will be required to provide 20 days notice in writing to your Home Gym.
For the avoidance of doubt; should you decide to cancel this agreement and provide notice on the 15th of the month for example (or any other day from the 12th through the last day of that month), the one calendar months notice will start on the 1st of the following month, for which you will be expected to pay in full and this agreement will terminate on the last day of that month. I am required to pay a cancellation fee equivalent to one-months membership.
I can only cancel without a fee due to medical restrictions that do not allow for physical activity or due to loss of income due to redundancy or termination from employment. I must provide proof such as a medical certificate or a letter from my place of employment, which is subject to verification by the gym.
I must pay as stated even if I do not use any Gym Location after providing my notice of cancellation. If collection or legal services are needed to collect the unpaid amount, I am responsible for the costs of collection, including the solicitors fees of the Home Gym Owner and/or UTime Fitness. I acknowledge that my rights under this agreement are NOT transferable or assignable to another individual.
3. Cancellation by Home Gym
My Home Gym may, at its discretion, terminate this agreement if:
I fail to make payments, or any payments of fees are late;
The monthly direct debit payments or user fees are interrupted or discontinued for any reason and I or my consignor do not provide an acceptable alternative;
I fail to follow any Gym Rules from time to time in force or violate any part of this agreement;
My conduct is deemed to be improper and harmful to the best interest of the UTime Fitness brand, the Home Gym Owner, other Gym Owners, or UTime Fitness staff or partners;
I fail to provide doctors approval for exercising if so requested;
I breach any term of this agreement.
Immediate cancellation is effective on the date a written notice is mailed to my last known address and/or emailed to my registered email address. I am liable for all financial obligations until that date. The Home Gym Owner also reserves the right to terminate this agreement for any reason not stated above as long as it is not prohibited by law. If this agreement is terminated by the Home Gym Owner, I will receive a cancellation notice and a refund of any unused prepaid package fees subject to a 20% administration fee.
VI. Freeze
I have the right to freeze my membership by submitting a written request to my Home Gym Owner up to three times in a 12-month period for a total combined maximum time of 3 calendar months (with both minimum gym notification and minimum freeze periods being one calendar month), during which time I will be charged a monthly freeze fee, which will not exceed 25% of my monthly membership fee. I understand that if I elect to freeze my membership, I cannot cancel during the freeze period.
I can only avail of a fee-free freeze if I fall under the eligible categories for a fee-free cancellation.
VII. Refunds
Prepaid memberships regardless of duration, personal training packages, and other services availed are non-refundable unless I meet the criteria for a free cancellation, submit the required documents, and have a UTime Fitness gym staff verify my request and documents.
VIII. Price Increase
The Home Gym Owner and UTime Fitness reserves the right to increase any of the fees one time in any 12-month period in line with inflation and other increased costs with a 3-month notice period to you. Fees may also be increased upon the addition of mandatory services, offerings, or features.
IX. Minimum Age
All users of any Gym Location must be a minimum age of 18 years old. All minors under the age of 18 must have a parent or guardian co-sign this agreement, along with and an indemnity and waiver. Minors aged between 14 to 18 must purchase personal training to use the facilities:
Access during staffed hours only
A waiver and induction form is to be completed by the parent/guardian and the minor in person at the Gym Location and access will only be granted once this has been signed and validated by a UTime Fitness staff member
Has a booked Personal Training session with a qualified member of the team.
X. Guests
I may only bring a guest into a Gym Location after arranging a guest pass with the staff, paying the current published daily guest fee, and scheduling it during staffed hours. I will be immediately charged double of the currently published guest pass fee for any unauthorized guests that I allow into a Gym Location and agree to pay this fee. Guests must sign the Guest Register before using any Gym Location.
I will not allow any other person to use my access. I understand that if I do, my membership may be cancelled immediately. I understand and agree that I will be charged the current published Admin Fee to reactivate my membership.
I am liable for all damages I or my guests cause to the equipment or physical infrastructure of any of the Gym Locations or Facilities I use, and agree to pay for said repairs.
I understand that I am not allowed to bring my own personal trainer to any Gym Location.
XI. Use of other UTime Fitness Gym Locations
I understand that my package allows me to access all other Gym Locations globally free of charge. My use of all Gym Locations is subject to the terms and conditions of this agreement, and I have the same obligations to any Gym Owner that I have to my Home Gym Owner.
If you intend to use any Gym Location outside of your Home Gym Location, we advise you to familiarize yourself with the gym and its rules.
I understand that if I use another Gym Location more than my Home Gym over any 30-day period, my membership will be transferred to the Gym Owner of that Gym Location.
XII. Transfer
A. Transfer to Another Person
Memberships and personal training packages can be transferred to another person provided the new member pays an admin fee of £15 for a membership and continues the contract or 20% of the personal training package rate. The rates are valid only for the remainder of the term
B. Home Gym Transfer
If my membership is transferred to another home gym due to my usage, I will be charged the current membership price of the Gym Location I most often use and I may be required to enter into a new agreement with that Gym Owner, which will become my new Home Gym. I understand that if I refuse to enter a new agreement with that Gym Owner as per this clause, I will be blocked entry to such Gym Location and my agreement with my Home Gym Owner may be terminated.
I understand that personal training packages and other services from my original Home Gym may not be serviced by the new Gym Location and that I may need to purchase new packages and services from my new Home Gym.
XIII. Damaged, Lost or Stolen Property
I am solely responsible for any damage I cause to the gym business, the Gym Locations, the Facilities, services, and products, if such damage is caused with willful acts and/or negligence. I understand that neither the Home Gym Owner nor UTime Fitness are responsible or liable for any of my personal property that is damaged, lost or stolen while using the Gym Locations or Facilities.
XIV. Data and Privacy Policies
Our Data and Privacy Policies are highlighted in our Terms and Conditions section of this agreement. Please refer to the UTime Fitness website, www.utimefitness.com, to view how we collect, hold, and use the information that we collect or for any updates to these policies.
XV. Miscellaneous
We may at any time assign, transfer, or deal in any other manner with any or all of our rights and obligations under this agreement.
No term of this agreement is enforceable under the Contracts (Rights of Third Parties) Ordinance by a person who is not a party to this agreement.
We may, at our sole discretion amend, vary, delete, or add to these terms and conditions with immediate effect. You will be advised of any changes by notification via the UTime Fitness website or through the contact information you have provided upon signing up.
This agreement supersedes all other agreements, understandings, and arrangements, written or oral, between the parties in relation to its subject matter.
This Agreement shall be governed and construed in accordance with the laws of Hong Kong. You shall submit to the exclusive jurisdiction of the Hong Kong courts in the event of any dispute hereunder.
Indemnity and Waiver
I. Physical Condition and No Medical Advice
I acknowledge that the activities I carry out at the Gym Locations and the use of the Facilities are physically challenging and carry with it risks, including the risk of personal injury. I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from my intended use of the Gym Locations and the Facilities.
I acknowledge that neither the Home Gym Owner, other Gym Owners, UTime Fitness, nor any of their respective staff are qualified to express an opinion that I am fit to safely use the Gym Locations or Facilities. I further acknowledge that I must obtain professional or specialist advice from my doctor before using the Gym Locations or Facilities. If I have any health or medical concerns now or after I join, I will discuss them with my doctor before using the Gym Locations or Facilities.
II. Limited Use
If my physical condition or physical limitations, now or in the future, limit my use of the Gym Locations or Facilities, I agree that my right to use the Gym Locations or Facilities will be limited accordingly.
III. Risk Of Injury and Waiver of Claims
I acknowledge there is possible danger connected with any physical activity (including the dangers of physical injury and death) and knowingly and voluntarily (in the absence of negligence by any of the UTime Parties) (a) assume all risks of injury and waive all rights to damages or any other relief of any kind as a result of anything arising out of my use of the Gym Locations or Facilities; (b) in the event I am injured during my use of the Gym Location or the Facilities, I, to the maximum extent permitted at law, will hold harmless the UTime Parties from all claims of any sort for damages or for other relief, including, but not limited to, claims for contribution.
I further understand and agree that the Gym Locations are oftentimes unsupervised fitness centers and acknowledge that at times there may be no employee on site to help me use the Facilities, or exercise in the manner that I choose to exercise.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THIS STATEMENT BEFORE SIGNING.
IF THERE IS ANY TERM THAT YOU DO NOT UNDERSTAND, THEN PLEASE DISCUSS IT WITH US BEFORE SIGNING.
Payment Terms and Conditions
This agreement sets out the terms in which you authorize the Home Gym and UTime Fitness to arrange for amounts owing to them in return for having an entitlement to use the products or services provided, to be paid by deduction from your credit/debit card.
I. Definitions
Account. The credit/debit card account held at your financial institution from which we are authorized to arrange for funds to be debited.
Agreement. The Credit Card Authority agreement in which you as a Member has agreed to pay for the service provided by your Home Gym and UTime Fitness.
Member/You. The person or party signing this Agreement.
Debit Duration. The term of the Agreement as specified and agreed.
Company. The company controlling the business operating your Gym Location and doing business as UTime Fitness Gym as indicated this Agreement
II. Payments
By signing the Credit/Debit Card Authority, you have authorized the Company to arrange for funds to be debited from your Account in the manner specified in this Agreement. The Company will only arrange for funds to be debited from your account as authorized in the Credit/Debit Card Authority.
It can take up to three (3) business days for payments to be processed from your account. It is your responsibility to ensure that there are sufficient clear funds available in your account for at least three (3) business days after the nominated due date o allow a payment to be made in accordance with the Credit Card Authority.
III. Amendments and Cancellation
This Credit/Debit Card Authority will remain in force until the Debit Duration has completed, or until you advise the Company that you wish to cancel your authorization and terminate this agreement. Cancellation must be made in writing, at least thirty (30) business days prior to the next due debit date.
No amendments to this Agreement or alteration to the payment terms or billing arrangements contained herein can be made without the prior written agreement of the Company.
IV. Disputes
If you believe that there has been an error in debiting your Account, you should notify the Company in the first instance and confirm that notice in writing within 30 calendar days of the error so that the Company can resolve your query promptly. Failure to inform the Company of any error in debiting your Account within this period will be considered as an acceptance that the debit was made correctly.
V. Jurisdiction
This Agreement is governed by the laws of Hong Kong.
VI. Severability
To the extent that any of the terms of this Agreement are prohibited or unenforceable pursuant to or inconsistent with any provisions at law, those terms shall be excluded from this Agreement. The remainder of this Agreement and its application will not be affected and will remain enforceable.
VII. Confidentiality
The Company will keep all information and account details in your Credit Card Authority confidential and secure, to be disclosed only at your request or at the request of the Financial Institution in connection with a claim made to correct/investigate an alleged incorrect or wrongful debit or otherwise as required by law.
General UTime Fitness Gym Rules
We use state-of-the art and expertly maintained equipment. Safety is paramount to us, and we ask you to respect and recognize our Gym Rules to ensure these safety standards are met. We bring to your attention the fact that we do not always have staff present, and we ask that members take particular care when UTime Fitness staff are not present. Whilst we do everything in our power to meet our stringent safety standards, gyms can be dangerous places and we ask you to please follow the Gym Rules.
I understand that this is not comprehensive, and all Gym Locations may have additional Gym Rules that I agree to abide with.
I agree that I understand and have been made aware of the General UTime Fitness Gym Rules and the rules of my Home Gym as per my ticking and acknowledging each box in this section in this sign-up form.
1. I will act responsibly and sensibly at all times.
2. I will follow any safety warnings or instructions displayed or given to me by a member or staff. I will ask a member or staff if I am unclear on any warnings or instructions.
3. I will not use the Gym Locations or the Facilities if I am pregnant or under the influence of alcohol or non-prescription drugs.
4. I will respect the staff, gym, equipment, other members, and the UTime Fitness brand.
5. I will always be aware of my own limits, and will always be guided by the principle that Safety is key.
6. I will adhere to the Gym Location dress code, and will wear, at minimum, gym shoes and fitness attire only. I will always wear a shirt and closed shoes.
7. I will only use one piece of equipment at a time and I will share usage between sets if other members are waiting.
8. I will always bring a towel, wipe down equipment, and be aware of my personal hygiene.
9. I will keep my business to myself and will not stare at, crowd, or touch others.
10. I will keep personal noise to a minimum.
11. I will not give advice unless I am specifically asked.
12. I will not slam or drop weights and I will always re-rack my weights.
13. I will not interrupt or disturb those who are at the Gym Location to work out in peace.
14. I will not have any personal training conducted at the Gym Location without authorization from the Home Gym Owner or staff.
15. I will not commit any criminal offence at any Gym Location.
Letter of Consent for Credit/Debit Card Account
I request the Company to debit my nominated credit/debit card account and credit the same to the bank account of the Company in the amount as shown in the Statement of Account that the Company receives as payment for goods, services, and/or any obligation due to the Company.
For the said debit to my credit/debit card account as payment due to the Company, should it appear later that the amount due in the statement of the Company is incorrect, and the Company has already debited the sum equivalent to the amount stated in the Statement from my credit/debit card account, I agree to claim such amount from the Company directly.
I agree that the Company shall so debit only when the cash in my account is, at the time, available. I also waive notice of such debit because I will be informed of all details from the Statement or the Invoice/Receipt of the Company.
In the case that the credit/debit card account number mentioned above has been charged for whatever reason, the Letter of Consent shall remain in effect in all respects with regard to such credit/debit card account.
I hereby certify that the debit to my nominated credit/debit card account is made in accordance with my request. Should there be any damage or loss incurred to the Company, I agree to be liable for all actual damages incurred by the Company.
This Letter of Consent shall be effective immediately and shall be in full force and effect until my written instruction to revoke this Letter of Consent is given to the Company at no less than 30 days advance notice.