Jatomi Fitness – Membership Agreement

Introduction:

This is an Agreement between you (the Member), and Jatomi Fitness (Thailand) Co.Ltd, a company registered in ??????????? (registration number ????????), whose registered office is at 97/11 Big C Supercenter Rajadamri, 4th Floor, Rajadamri Road, Patumwan, Bangkok 10330.

By completing the joining process at our club/website and becoming a Member of Jatomi Fitness (Thailand), you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.

Definitions:

  • Administration Fee: our fees raised for changing membership terms or arising out of any breach of the terms as set out in this agreement and on our website.
  • Gym Membership Rules: the rules governing your conduct as set out in club.
  • Set-Up Fee: the amount notified to you as part of the joining process as a one-off fee payable for membership.
  • Member Area: the online portal for Gym members at ????????
  • Membership: your contractual relationship with us, which can be on various different terms, some of which are only available at certain gyms, as follows:

 

    • Annual Membership: a membership that is paid upfront and had a fixed term of 12 months.
    • Freedom Membership: a no-obligation, rolling monthly membership that is paid via a recurring payment method.  Free to cancel anytime.
    • Twin Membership: Membership for two specified gyms.

 

  • Monthly Membership Amount: the amount you agree to pay each month for your Membership. Only applies to certain types of Membership.
  • Membership Amount: the amount you agree to pay upfront for your fixed term Membership. Only applies to certain types of membership.
  • Personal Training Sessions: sessions booked by you directly with a personal trainer which do not form part of this agreement.

Starting your Membership:

  • Our joining process is an in-club or online process. Full membership prices and options are available from our club team. By completing the joining process and becoming a Member of Jatomi Fitness (TH), you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.

 

  • This Membership Agreement starts once you have accepted the terms during the in club/online joining process. By accepting the terms, you are agreeing to pay any applicable Joining Fee, Administration Fee, Membership Amount and Monthly Membership Amount. These are shown at the start of the joining process and again before you confirm your payment instruction.

 

  • You may choose during the online joining process to start your Membership either immediately or 10 days from the date that you accept the terms. We may inform you during the online joining process that a waiting list is in operation in which case your Membership starts when we inform you by email.

 

  • You agree to comply with the Gym Membership Rules and you agree to use the gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.

 

  • You confirm that you are at least 16 years old.

 

  • You will be liable for any damage caused to our equipment or facilities through your negligent use.

 

  • You agree to tell us immediately of any changes to your personal details, including contact information; this should be done in the online Member Area.

Using the gym:

  • You are entitled to access and to use the gym or gyms defined by your Membership until termination or suspension of that Membership pursuant to this Agreement.

 

  • We will make reasonable endeavors to make available to you the rights and privileges of Membership of the gym or gyms you joined and have paid for. This includes access to the gym and gym equipment, changing areas, staff and trainers for general advice. We will make reasonable endeavors to communicate to you in advance if we are unable to make available to you the rights and privileges of Membership.

 

  • Members with an Off-Peak Membership will be able to enter the gym during specified times only, as set out in the Definition of Off-Peak Membership above.

Using the gym:

  • Some Membership types can be changed. Fees may apply. Details can be found online in the Member Area.

 

  • If you make regular Monthly Membership Amount payments you may Freeze your Membership at any time and for any period, this should be done in Club at the reception desk.  When your Membership is frozen, your PIN number will be deactivated, and you will pay a reduced Monthly Membership Amount.

 

  • If you have a discounted Membership and you change to a new Membership product, you will waive the right to the discount on the original Membership and pay the standard price on the new Membership.

 

  • If you have a discounted Membership and your Membership is terminated, you will waive the right to the discount and pay the advertised Membership Amount or Monthly Membership Amount if you later choose to re-join Jatomi Fitness.

 

  • We reserve the right to change the access privileges of members with Membership packages that allow access to multiple gym locations.

 

  • We may, with reasonable notice and at our discretion, close our premises for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control, including at least 2 days a year for necessary maintenance or other work. We will endeavor to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.

Managing your permissions and data:

  • There are certain email and SMS communications which it is necessary for us to send to all members, in connection with their Membership.  In order to do so, we will process your personal data for the purposes of performing our contractual obligations to you under the terms of your Membership. You cannot opt-out of these communications. You may opt-out of email and SMS communications that we may otherwise send for promotional or marketing purposes, but if you do we cannot be held responsible for any loss incurred by you not receiving gym-related communications. All processing of your personal data will be in accordance with our Privacy, CCTV & Cookie policy.

 

  • For the safety and security of you, our other members and our staff, and for associated purposes of crime prevention and detection, we operate 24-hour CCTV security at all our gyms. The images will be captured, processed and retained in accordance with our separate Privacy, CCTV & Cookie policy. Access to such footage will also be governed by the provisions of that policy.

 

  • We will securely store personal data including membership information and recorded CCTV footage in accordance with our privacy policy.

 

  • You can contact us with any queries or concerns by emailing info@jatomi.com from (or quoting) the email address that we hold for you.

Special terms for Student Memberships:

  • You agree that to be eligible for a Student Membership you must be in full or part-time education and will provide proof of this status if requested.

Payment:

  • If your Membership has an initial Membership Amount fee, you agree to pay us the full Membership Amount by credit or debit card. You will be notified of any applicable Membership Amount at the end of the joining process, and this amount will be confirmed to you by email.

 

  • If your Membership has a recurring Monthly Membership Amount fee, you agree to maintain a recurring international Credit Card or Debit Card payment for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date shown at the end of the joining process (which will also be confirmed to you by email), and subsequent Monthly Membership payments will be due on the same day of each month until your Membership is cancelled.

 

  • You agree to pay us the Monthly Membership Amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason, no refunds will be due.

 

  • If any payment due from you is returned unpaid or not honoured your membership will be suspended immediately until payment is received.

 

  • If any payment due from you is returned or not honoured, late charges & penalties will be applied as follows:

 

  • 0 THB charged if payment is cleared within 7 days of initial failure.

 

  • 100 THB late fee charged if payment is cleared between 8th – 14th day of collection rejection.

 

  • Membership Termination will occur on 15th day of payment not being cleared.

 

  • We reserve the right to increase the recurring monthly fees.  In the event that we decide to increase your recurring fees, you shall be notified of this (1) month in advance by way of email*, information materials on notice boards in the club, and/or through the Club’s website information.  If you have prepaid your fees on an annual basis, we shall not increase such fees until after the lapse of the advanced payment period.

 

  • *It is the responsibility of the member to ensure their personal contact details are up-to-date and correct via the member portal or mobile application.  Jatomi Fitness cannot be held accountable if communications are not received due to incorrect personal details.

 

  • In the event your membership is terminated due to returned or not honoured payment, then all Joining / Set-up & pending late fees will be required to re-join.

Ending your Membership:

  • You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason, but you must let us know you wish to do so, in writing, within the 14-day period. You may email us at info@jatomi.com

 

  • In case of dispute, you must show that you cancelled the Agreement in accordance with the cancellation terms, but for these purposes, it will be enough to show that you sent your communication concerning your exercise of the right to cancel before the cancellation period had expired.

 

  • If you have requested an immediate membership start date and you cancel your Membership within the 14-day period, proportionate charges will be due. We will refund to you any Joining Fee, Membership Amount and Monthly Membership Amount you have paid us, but the refunded amount will be reduced by the higher of (a) the one-day pass rate (for your gym at the time you joined) and
  • (b) an amount in proportion to the number of days between the start of your Membership and the date you communicated to us that you wanted to cancel. Refunds will be made no later than 14 days after the day on which we were informed about your decision to cancel and will be made using the same means of payment you used for the initial transaction.

 

  • After the 14-day cancellation period, you may terminate your Membership at any time by cancelling your re-occurring payment method with your bank / Credit Card. Your Membership will end at the end of your paid monthly membership.

 

  • IF you do not notify the Club of your cancellation & you do not cancel your reoccurring payment method, Jatomi Fitness Thailand will continue to collect your monthly membership as per your membership agreement.  We will not provide any refund of membership payments where we have continued to collect monthly subscription, in the event, you have not cancelled the subscription with your Credit Card / Bank provider & have not notified Jatomi Fitness.

 

  • We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due.

 

  • We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the Jatomi Membership Rules. In this event, you will no longer be able to access any of our facilities and we will not give any refund.

 

  • If we do not terminate your Membership if you breach any of the Jatomi Fitness Membership Rules, or if we give you extra time to pay if you do not pay your Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing the terms of this Agreement.

 

  • If you have a Membership that gives you access to a single specified gym, and that gym closes indefinitely, this Agreement will end, and you will receive a pro-rata refund of your Membership Amount or most recently paid Monthly Membership Amount, as applicable.

 

  • We may assign the benefit of this Agreement and our rights to a third party provided we give you notice and your rights under this Agreement will not be prejudiced.

Additional services:

  • Personal Training Sessions and “additional services” do not form part of this Agreement and are provided with separate terms of the agreement.

 

  • Any “additional services” (including, for example, Personal Training Sessions) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for “additional services”, you are entering into an agreement for those services.

 

  • We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the “additional services” which are specifically excluded from the Membership Agreement and We do not accept any responsibility for the same save where precluded by law.

 

  • We may provide induction services or personal reviews of your training needs. Such services are provided without additional charge.

Member satisfaction surveys:

  • From time to time we may choose to invite some of our members to participate in a survey of satisfaction. This invitation will usually be by e-mail.

 

  • At our discretion, member satisfaction survey participation may be associated with a prize draw offering cash or prizes of varying amounts to participants. Members that respond to such an invitation by completing the satisfaction survey by the advertised closing date will be entered into the draw.

 

  • Eligible participants will only be entered once into a particular draw. A winner will be chosen at random from all entrants to that draw within 90 days of the closing date. Winners will be contacted after the prize is drawn to arrange receipt of the prize.

Member satisfaction surveys:

  • Only you, the person named in the online or in-club joining process, can benefit from this Agreement.

 

  • If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.

 

  • Jatomi Fitness Thailand Limited, its parent companies, its agents, employees, and subcontractors are not liable for any loss, damage or theft of any of the property that you bring onto any of our premises. If such loss, damage or theft is caused by the negligent acts or omissions of Jatomi Fitness Limited or its agents, employees or subcontractors, our liability to you will be limited to 10,000 Thai Baht.

 

  • We may make reasonable changes to the Jatomi Fitness Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.

 

  • This Agreement is governed by the law of Thailand.

 

You should print a copy of this Agreement for future reference.