TERMS AND CONDITIONS
- 1.1 U Time Fitness Studios or We or Us refers to U Time Fitness Studios Limited including our holdings companies controlling each individual club as per page one of your membership agreement.
- 1.2 Member or You refer to Members of any of U Time Fitness Studio location
- 1.3 The Studio refers to The fitness studio operated by U Time Fitness Studios
- 2.1 By signing our 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 U Time Fitness Studios from time to time at its discretion throughout your period of membership.
- 2.2 You will only be permitted to use all of the U Time Fitness Studios facilities provided that your membership is current and fully paid or you have made payment arrangements acceptable to U Time Fitness Studios.
- 2.3 You will have a cooling off period of two (2) days (48 hours) 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 U Time Fitness Studios within two 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 U Time Fitness Studios as a member, you agree to remain a member until a notice period of (1) one calendar month 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) one calendar months’ notice in writing. For the avoidance of doubt; should you decide to cancel your membership and hand your notice in on the 15th of the month, the one calendar months’ notice will start on the 1st of the following month which you will be expected to pay in full and your membership will terminate on the last day of that month.
- 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.
- Membership Fees:
U Time Fitness Studios will set the level of membership fees and will review such fees periodically. U Time 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 90 days’ written notice of any changes to the levels of membership fees.
- Default and Late Payment:
- 5.1 If your designated payment provider fails to make a due direct debit payment from your account, we will write to advise you of this. We may apply to your designated payment provider 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, U Time Fitness Studios may suspend your membership and deactivate your access device 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: transferring memberships and any other event which we consider fair and reasonable.
- Suspension of Membership:
If you are unable to make use of the studio facilities by reason of illness or injury, you may suspend your membership by providing at any time written notice to U Time Fitness Studios as outlined in your membership agreement. U Time Fitness Studios 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 Studios 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. For the avoidance of doubt; should you decide to cancel your membership and hand your notice in on the 15th of the month, the one calendar months’ notice will start on the 1st of the following month which you will be expected to pay in full and your membership will terminate on the last day of that month.
- 7.2 Cooling-off period: You may terminate your membership within the first two (2) days (48 hours) 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 U Time Fitness Studios 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 U Time Fitness Studios at least one (1) calendar month’s written notice within 14 days of the official opening date of the studio.
- Access Enabled Smart Phone Device:
- 8.1 An access enabled code on your designated Smart Phone shall be issued to your account upon joining the studio and is to be used exclusively by you to gain entry to the studio. Access enabled accounts and devices are non-transferable. Allowing your Access enabled device/account to be used by another person is a serious breach of these Membership Terms and Conditions and will entitle U Time Fitness Studios to terminate this agreement immediately and without notice.
- 8.2 Members who do not have their Access enabled device 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.
- 8.3 If you fail to pay your membership fees on the due dates for payment, U Time Fitness Studios 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 accessibility until all overdue membership fees have been paid.
- Safety Notices:
- 9.1 The studio is under 24-hour recorded video surveillance and all member access data 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, U Time Fitness Studios reserves the right to charge you a guest fee and/or suspend or terminate your membership at their discretion as per your membership agreement.
- 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 a qualified person or the equipment manufacturer prior to use.
- 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 immediate 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 14 are not permitted in the studio unless supervised by an accompanying adult.
Within your membership, you have the option to use other U Time Fitness Studios. If over a period of 30 days, we find that you primarily use a particular U Time 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.
- Sale of Studio:
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.
- Status of Studio (if applicable):
All studios are operated under the terms of a franchise agreement granted by U Time Limited. In the event that the franchise agreement is terminated, you agree that all personal data gathered by U Time Fitness Studios 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 U Time Fitness Studios must be in writing and addressed to the general manager at the studio. U Time Fitness Studios 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 U Time Fitness Studios to you will be emailed to your designated email address and or will be posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at the studio).
- Applicable Law and Jurisdiction
This Terms and Conditions shall be governed by the laws of Hong Kong Special Administrative Region of the People’s Republic of China. You agree to submit to the non-exclusive jurisdiction of the Hong Kong court.