- OCTANE FITCITY : Terms and Conditions of MembershipMember represents and warrants that the information furnished in the membership application form are true and correct & any changes there in shall be intimated to THE OCTANE FITCITY promptly in the manner prescribed.
- Members health warranty: The member warrants and represents that the member or any family member or guest entitled to use the facilities of THE OCTANE FITCITY under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The member acknowledges and agrees that: 1) THE OCTANE FITCITY will rely on the foregoing warranty in issuing the membership; 2) THE OCTANE FITCITY shall have no obligation to perform a fitness assessment or similar testing to determine the member’s physical condition; 3) if any fitness assessment or similar testing is performed by FITNESS 360 LLP, it is solely for the purpose of providing comparative data with which the member can track progress in a program and is not for diagnostic purposes. 4) THE OCTANE FITCITY shall not be subject to any claim, demand, or injury whatsoever on account of THE OCTANE FITCITY evaluation or interpretation of such fitness assessment or similar testing. 5) THE OCTANE FITCITY shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.
- Usage of gym chalk or any other substance which pollutes the environment of the gym is strictly prohibited. If a member is found to be a guilty of using any such substance his membership can be terminated without any refund .However we encourage our members to use gloves, straps, grippers etc to improve their lifts.
- Member represents and warrants that the information Furnished in the membership Application form are true and correct & any changes there in shall be intimated to OCTANE FITCITY promptly in the manner prescribed.
- In the event of termination/cancellation of membership the refund of any fee paid by members will be on management's discretion
- MEMBER’S HEALTH WARRANTY. The member warrants and represents that the member or any family member or guest entitled to use the facilities of THE OCTANE FITCITY under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that:
- 1) THE OCTANE FITCITY will rely on the foregoing warranty in issuing the Membership; 2) THE OCTANE FITCITY shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; 3) if any fitness assessment or similar testing is performed by THE OCTANE FITCITY, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes. 4) THE OCTANE FITCITY shall not be subject to any claim, demand, or injury whatsoever on account of THE OCTANE FITCITY evaluation or interpretation of such fitness assessment or similar testing. 5) THE OCTANE FITCITY shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.
- Member to undergo Fitness Test.: member must submit to a Fitness assessment , Body Analysis & Fitness test before commencement of the exercise program and follow the workout pattern and routine recommended by THE OCTANE FITCITY in-house Gym Consultant. Management shall not be responsible for any accidental damage caused due to the member following his/her own exercise routine .THE OCTANE FITCITY reserves the rights to refuse admission to the member in any program on the recommendation of its in house gym consultant.
- Membership is activated from the first working day following the date of payment. A member may however, opt to start the program from any other working day within next 30days from the date of payment.
- THE OCTANE FITCITY reserves the rights to refuse membership to any person without assigning any reason
- Inter Changing of program : Member may change a program, subject to payment of higher charges, if applicable, within 15days of joining the program. A program can be inter changed only once.
- Transfer of Membership : A member may transfer his membership to a non member of THE OCTANE FITCITY on payment of RS 1000/- + Service Tax. Such transfer shall be irrevocable & the original membership ; not been entitled to reclaimed any benefits of the transferred membership. The transferred member shall be bound by the same terms and conditions & entitled to benefits of only those programs & facilities for which the original member was entitled in terms of payments made. The Original & transferee members shall execute further documents as may be prescribed for effecting the transfer.
- All Taxes , levies cess charges and other dues under applicable statutory and or municipal laws shall be borne by member.
- Extension of time : Admission to any program shall terminate on the respective expiry date designated for the program & no extension of time except on medical ground shall be allowed. Extension of medical ground upto 6weeks & in case of pregnancies upto 9months shall be allowed on projection of medical certificates submission, A subject to verification by our in house/ empanelled gym consultant .
- No Refund : Payments made shall not be refundable except in the event of death or permanent disability for which the member is unable to use the gym. refund is such cases shall be of a sum which bears the same proportion to the total payment made by the member for any program as the unexpired period of the program bears of the total duration of the program. Permanent disability shall mean any physical or mental disability the prevents member from using the gym for a continuous period not less then six month and which is so certified by a qualified physician & subject to verification by our in-house/empanelled gym consultant physiotherapist . refund shall be released to the legal representative of the deceased / disable as soon as may be on completion of the formalities but without ant interest and subject to deduction of any sum due to THE OCTANE FITCITY (any refund paid shall not include ,any government or service charge paid by THE OCTANE FITCITY. )
- Prohibited Activities : Consumption of alcohol ,narcotic drugs ,usage of syringe and psychotropic substance or any other substance and smoking within the premises are strictly prohibited. member agrees not to enter upon THE OCTANE FITCITY premises or engage in any activity thereon while under their influence. Member also agrees not to engage in any fitness program while under medication that may impair his/her ability to operate equipments or endure physical stain. Gambling of all kind are prohibited within the gym premises. member shall not bring in weapons of any kind, take photographs, use video graphs , audio graphs or film the interior of the gym, equipments or machinery imparting of training or other facilities at the gym. sexually exploit or suggestive conversation behavior, body posturing or mimicking, nonconsensual body contact ,aggression, or intimidation, use of vulgar and demeaning comments with directed at or in relation to other members and wearing of immodest or sexually revealing attire are strictly prohibited within the gym premises. Indulgence in any of the prohibited activities will render the member liable to immediate expulsion from the premises and may result in permanent cancellation of membership besides initiation of appropriate legal action, civil or criminal by THE OCTANE FITCITY or by the offended member(s) . THE OCTANE FITCITY may in it sole discretion , determine any conduct/act/behavior of the member to be offensive potentially harmful, dangerous or abusive and shall constitute grounds for termination of member’s membership. In the event of termination the unused portion of any advance payment shall be fortified to the gym.
- Consumption of the food and beverages : THE OCTANE FITCITY reserve the right, in the stole discretion , to restrict or disallow consumption of food or beverages, or the use of outside equipments’ within the gym premises.
- Trainer May Touch Body :Member gives consent to the trainer touching the body of the member while imparting training or demonstrating the use of any exercise machine or equipment.
- Released AND WAIVER OF LIABILITY. Each member of THE OCTANE FITCITY shall be liable for any property damage and/or personal injury (caused by the Member, Member’s Family, Guest or any other person) at THE OCTANE FITCITY or any activity or function operated, arranged or sponsored by THE OCTANE FITCITY. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. Any and all use of THE OCTANE FITCITY Facilities, or participation in, THE OCTANE FITCITY, activities operated, arranged or sponsored by THE OCTANE FITCITY either on or off of THE OCTANE FITCITY premises by the Member, Member’s Family or Guest(s) shall be AT SUCH PERSON’S OWN RISK, and THE OCTANE FITCITY shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The Member individually, and on behalf of the Member’s personal representative, heirs, administrators, assigns and successors does here by expressly forever release and discharge THE OCTANE FITCITY, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action.
- Loss of Property : Member shall keep personal belongings and valuables, including automobiles ,mobile cells and wearing apparels and jewelry brought into the gym premises at members own risk in the locker room or at other facilities provided for keeping them so however that THE OCTANE FITCITY shall not be held liable for their loss, theft or damage in any manner whatsoever. member shall not leave belongings and property over night in the gym premises ,items found shall be placed in the lost and found location which member may claim on proving ownership to the satisfaction of THE OCTANE FITCITY.
- Dress Code : Members shall wear appropriate clothing and footwear while in the gym premises appropriate clothing includes gym t-shirts , jogging suits, aerobic wear and sweat outfits , street clothing and jeans are not considered appropriate clothing, street shoes, black –soled shoes, socks and sandal's are prohibited, foot covering (i.e tennis or aerobic shoes ) must be womb at all times in all exercise areas. Member agrees to have a cloth towel during workouts to protect and clean the equipment after members use. THE OCTANE FITCITY reserve the right to refuse entry to any member who is not properly attired and/or personally lean.
- Unruly Behavior and expulsion : Any Member who is loud, offensive and bothersome to other members or behaves otherwise in an unbecoming manner or who is cited for infraction of rules and regulations may be suspended or expelled from the gym. In the event of termination the unused portion of any advance payment shall be fortified to the gym.
- Member Further agrees That :
- All equipment shall be wiped down by member after each use, with the supplies provided by THE OCTANE FITCITY .
- Membership and access to the facility is restricted to the member only. Member will not bring along his/her relations or friends to the gym premises.
- He/she shall use the equipments & facilities in accordance with the instructions given for their proper use
- He/she is of age of majority (completed 18year of age ) on the date of obtaining membership.
- He /she shall conduct himself /herself in a quiet well – mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of the facilities at the gym by other members.
- He/she shall not occupy any equipment for an extended period of the time so as to deprive other members of their use in their tun/ rotation.
- The ambient air, light, temperature, background music, and noise level at THE OCTANE FITCITY are controlled and set to provide an optimum exercise environment for the majority of its uses , member shall not change or seek to change any such controls by calibrating the devises used for their controlled functioning of opening any doors , windows ventilators or blinders.
- Membership card /access code issued to the member is to be carried/ used to gain access to the gym facility.
- Charges and fees for various programs are subject to change as deemed necessary by THE OCTANE FITCITY. And would not require prior notice to the member.
- Hours and days of operations shall be as determined by THE OCTANE FITCITY and notified at the gym premises with reasonable notice. THE OCTANE FITCITY shall not be responsible for forced closures or suspension of operations on any days(s) due to bandh's, hurtles ,strikes ,civil unrest, disturbance to law and order or supervening force majeure events beyond control. THE OCTANE FITCITY reserve the right to shut down operation at suitable period intervals on maintenance / renovation o the premises and facilities with sufficient advance notice to the members.
- Any notice to the members shall be considered duly served when personally delivered to the member or mailed whether by post, courier , email fax , sms or any other publicly accepted mode or communication at the address on the records of THE OCTANE FITCITY as original given or subsequently changed by the member.
- Any damage to equipments ,property and facilities of the gym due to misuse improper or negligent use by the member shall be made good by the member at his/her own cost. A fair amount of loss as may be determined by THE OCTANE FITCITY shall be paid by the member within 15days of raising the demand for compensation failing which membership will be terminated and any fees/charges paid by the member shall be fortified to THE OCTANE FITCITY.
- Member shall acquaint himself/herself of circuit rules and shall not out in on the circuit or do sets if other members are waiting
- Member shall use the equipments strictly accordance with the instruction of the trainers, return weights to proper racks when finished,shall not drop weights and have a “spotter” besides the member when using heavy weights.
- Member shall not littler or leave refuses or debris on the gym floor.
- Member who sweats profusely shall us towels when using the equipments.
- Member shall not carry personal belongings like gym bags, purses , extra clothing and other paraphernalia to the workout area. They shall be kept at the designated places
- Member shall receive training only from designated personnel. Member shall not seek to be trained by or volunteer to provide training to other members of the Gym.
- THE OCTANE FITCITY may photograph/ video graph the member while exercising at the gym, whether individually or group of the other members and use the images and visuals in its promotional materials including, but not limited to TV commercials, radio channels , news paper advertisements website, banners , graffiti , leaflets, cutouts , letterheads and brouchers and the execution hereof by the member shall tantamount to a release by the member in favour at THE OCTANE FITCITY to use the photograph. video graph as such materials without any consideration to the member for the use.
- Guest on the Gym Premises : non members may be allowed on the gym premises as guest only with express prior permission of the management. THE OCTANE FITCITY reserve absolute right to refuse entry to a non member and, where entry is allowed ,to have him/her vacated without assigning any reason whatsoever a nonmember while on the gym premises shall remain bound by the same terms and conditions here in contained as regulate the conduct ,decorum, dress , etiquette, floor discipline of a member at the gym and shall be deemed to have made all the representations, warranties ,waiver and release of liabilities and indemnities herein and follow, where he/she is allowed use of the facilities, the rules regulating their use guest shall accordingly sign and deliver this agreement as such guest and such other documents and writings as may be prescribed by the management. Guest shall pay prescribed guest fee if permitted use of the facilities. THE OCTANE FITCITY may regulate entry of guest by issuing them guest passes which guests shall carry on themselves to access and remain on the gym premises. Guests shall be required to produce proof establishing their identity to the satisfaction of THE OCTANE FITCITY. such as valid driving license voterID , Adhar card or passport (must be in the case of foreign nations)
- Entire Agreement : This Agreement along with schedule of fees/charges and the membership application form and other documents produced in that connection embodies the entire agreement and understanding between THE OCTANE FITCITY and the member with respect to the subject matter contained in this agreement. There are no restrictions ,promises, warranties ,covenants or undertaking other then those set forth or referred to in this agreement. This agreement supersedes all prior agreement and understanding between the parties, if any, with respect to the subject matter.
- Changes in Terms and Conditions : Member acknowledge that THE OCTANE FITCITY operates under terms and conditions established for the safety & protection of its members & aggress to be bound by such terms and conditions and any modifications subsequently brought into force for better achieving that object such modifications shall take effect from time to time as if they were incorporated into this agreement by reference. Member agrees that facilities ,equipments , hours , service , regulations and policies are subject to change from time to time, without prior notice to the member , in the sole discretion THE OCTANE FITCITY
- Further Assurance : Member agrees to present any further documents as may be necessary proper or convenient for the purpose of fully effectuating the terms and conditions of this agreement.
- Severability : Terms & Provisions of this agreements are severable & if any provision /term is determined to be illegal or unenforceable as per extent or amended laws, the remaining provision and any partially enforceable provision shall nevertheless be enforceable .failure on the part of THE OCTANE FITCITY to enforce any remedy or provision in this agreement shall not be contracted as a waiver of such remedy or provision.
- Freezing of Membership : A member registered for not less then 6month may request freezing of his membership for a minimum period not less then 1month and maximum period not more then 3months consecutive months at a time on payment of a fee if Rs 500/- Plus service tax per month during which Membership is frozen. Provided the membership has unexpired validity equal to or more then the duration of the freeze requested. THE OCTANE FITCITY does not guarantee allotment of the same time slot or personal trainer on resumption. Sessions not availed of in the past shall not be regularized retrospectively as membership freeze. Freezing on maternity or other sufficient medical grounds will not be charged , provided satisfactory proof on the medical conditions is furnished by the member in the format prescribed by THE OCTANE FITCITY.
- Governing law : This Agreement shall be governed by the laws of India and the courts in Mumbai shall have jurisdiction.
- I declare I have read the foregoing terms and conditions governing my membership of THE OCTANE FITCITY and that by signing below, I acknowledge that I understand and agree to be bound by all of the terms and conditions hereof. I further acknowledge that a fully executed copy of this membership agreement has been provided to me…
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