1.1 utime Fitness or We or Us: utime Fitness Hong Kong.
1.2 Member or You: Member of utime Fitness
1.3 The Studio: The fitness studio operated by utime Fitness
2.1 By signing this Membership Application Form you agree to comply with these Terms and Conditions of Membership and the current edition of the Studio Rules as may be amended by utime Fitness from time to time at its discretion throughout your period of membership.
2.2 You will only be permitted to use the utime Fitness facilities provided that your membership is current and fully paid or you have made payment arrangements acceptable to utime Fitness.
2.3 You will have a period of seven (7) days from the date of submitting your application in which to cancel your membership and receive a full refund of any fees paid. If you wish to exercise your right to cancel, you must contact utime Fitness within seven days of the date of submission of your membership application and prior to the commencement of the use of the studio’s facilities. This does not affect your statutory rights.
3.1 When you join the studio as a member, you agree to remain a member until a notice period of 30 days is given in writing (subject to extension if placed on freeze/suspension). You will be required to pay your membership fees monthly and your membership may be terminated by giving one (1) calendar month’s notice in writing as set out below.
3.2 If you join the studio prior to the opening of the studio, your Membership Period will commence upon the official opening date of the studio.
utime Fitness will set the level of membership fees and will review such fees periodically. utime Fitness reserves the right to change the level of fees from time to time, but guarantees that the level of your membership fees will not increase during your Membership Period. We will give you at least 30 days’ written notice of any changes to the levels of membership fees.
5.1 If your bank fails to make a due direct debit payment from your account, we will write to advise you of this. We may apply to your bank for payment by direct debit twice within one (1) calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee for failed direct debit payments and for letters sent to you in respect of unpaid amounts.
5.2 Should any membership fees not be paid within 30 days of the due date, the full membership fee will automatically become due and payable. During any period in which membership fees are not paid, utime Fitness may suspend your membership and deactivate your key access fob so that you cannot access the studio.
5.3 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge to cover the collection costs incurred. This surcharge, together with all other charges and legal fees, incurred in the collection of the overdue membership fees will be your responsibility and will be legally recoverable from you.
5.4 We may appoint a payment processing agent to receive and collect your monthly or annual direct debit instalments and in respect of payments made by direct/credit card. There will be no extra cost to you for these processing services supplied by such agent.
5.5 We may charge a reasonable fee for any of the following events: replacing lost membership access fobs and transferring memberships and any other event which we consider fair and reasonable.
If you are unable to make use of the studio facilities by reason of illness or injury, you may suspend your membership by providing 30 days’ written notice to utime Fitness. utime Fitness reserves the right to request a doctor’s certificate to confirm your illness or injury. A reduced monthly fee will be charged during the period of suspension of membership. Notice to terminate membership cannot run concurrently with a suspension period.
You may terminate this agreement in the following circumstances:
7.1 Notice: You may terminate your membership by giving utime Fitness at least one (1) calendar month’s written notice, which shall expire on the immediately following calendar month. Cancelling your direct debit instruction for the payment of fees is not sufficient and does not constitute service of written notice.
7.2 Cooling-off period: You may terminate your membership within the first seven (7) days of this agreement by giving written notice to the manager of the studio. Cancelling your direct debit instruction for the payment of fees does not constitute service of written notice.
7.3 Medical: You may terminate this agreement by giving utime Fitness at least one (1) calendar month’s written notice if you are unable to use the studio due to serious illness or injury likely to preclude you from using the studio for a period of least six (6) calendar months. We reserve the right to require reasonable evidence of your illness or injury – e.g. Doctor’s certificate before we accept notice of termination in these circumstances.
7.4 Pre-Sale: In the event that this agreement was made during a specific pre-sales period and you became a founder member, you may terminate this agreement by giving utime Fitness at least one (1) calendar month’s written notice within 14 days of the official opening date of the studio.
8.1 A key access fob shall be issued to you upon joining the studio and is to be used exclusively by you to gain entry to the studio. Key access fobs are non-transferable. Allowing your fob to be used by another person is a serious breach of these Membership Terms and Conditions and will entitle utime Fitness to terminate this agreement immediately and without notice.
8.2 If your key access fob is lost or stolen, you must notify the studio immediately. utime Fitness reserves the right to charge an administration fee for the provision of a replacement key access fob.
8.3 Members who do not have their key access fob will not be allowed into the studio during non-staffed hours, nor should they expect any other persons to allow them entry into the studio.
8.4 If you fail to pay your membership fees on the due dates for payment, utime Fitness reserves the right to terminate this agreement by giving you written notice of its decision to terminate or at its discretion, suspending your membership by deactivating your key access fob until all overdue membership fees have been paid.
9.1 The studio is under 24-hour recorded video surveillance and all key access fob usage is logged. You may not bring guests at any time without prior written consent from the studio and guests are allowed only during staffed hours. If this policy is violated, utime Fitness reserves the right to charge you a guest fee and/or suspend or terminate your membership at their discretion.
9.2 It is each member’s responsibility to wipe down the equipment and re-rack used weights.
9.3 Members are required to use the safety features of the equipment. If you are unsure about how to use a machine, you should obtain instructions from the staff or personal trainers.
9.4 All members are responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency.
9.5 Abusive language, threatening or violent behaviour, abuse of equipment, use of alcoholic or illegal substances, and smoking at the studio may result in suspension or termination of your membership.
9.6 No photography (including the taking of images through a mobile phone or camcorder) is allowed in any area of the studio.
9.7 Members must read all Health and Safety notices displayed in the studio and comply with their recommendations at all times. In particular, you must observe all instructions regarding the safe and proper use of each item of fitness equipment in the studio, recognising that at times the studio will be unsupervised and that at such times you should not use any item of fitness equipment with which you are not familiar or in respect of which you have not previously received induction training from a qualified member of staff at the studio.
9.8 Persons under the age of 16 are not permitted in the studio unless supervised by an accompanying adult.
Within your membership you have the option to use other utime Fitness Studios. If over a period of 30 days, we find that you primarily use a particular utime Fitness Studio instead of the studio where you initially joined, we may transfer your membership to that other studio upon written notice to you. In such circumstances, you will then be required to pay membership fees to the other studio which may be more than the membership fees payable under this agreement.
In the event of the sale or disposal of the studio to another company or to any other person, we may transfer your membership to the new owner. In such circumstances you will continue as a member of the studio and continue to pay your membership fees provided no changes to these terms or the studio rules having a material adverse effect on your use of the studio are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
All studios are operated under the terms of a franchise agreement granted by utime Limited. In the event that the franchise agreement is terminated, you agree that all personal data gathered by utime Fitness acting as franchisee during the term of the franchise agreement may be transferred back to the Master Franchisee until the studio is transferred to a new franchisee, at which time the data will be transferred to the new franchisee.
Notices from you to the studio or utime Fitness must be in writing and addressed to the general manager at the studio. utime Fitness reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases, the notice will be deemed not given unless such evidence is produced. Any notice handed to personnel at the studio must be receipted. Notices from utime Fitness to you will be posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at the studio).