TERMS & CONDITIONS EMS FITNESS LIMITED
THE EMS TRAINING FACILITIES AND STUDIOS (THE “STUDIO”)
The Studio is operated by EMS FITNESS LIMITED (the “Company”), whose principal objective is to provide EMS (Electrical Muscle Stimulation) training within the Studio. The Company has appointed a Management (the “Management”), which is responsible for the operation of the Studio in accordance with the Rules, as the same may be amended from time to time.
SERVICE PLAN TERMS
a) Enrolment and continued tenure are subject to the Rules that are in force. The Rules may be amended by the Company at any time at its discretion.
b) Individuals who are at least eighteen (18) years old may apply for enrolment. Applicants must complete the application form and other documents as may be required.
c) The company reserves the right to reject an application for enrolment to the Studio for any reason whatsoever and without assigning any reason therefore.
d) Your enrolment is personal to you and is non-assignable, non-transferable and non-refundable.
e) The EMS Fitness subscription plan has a commitment to a minimum of six (6) or twelve (12) full monthly payments of Monthly Dues. You cannot terminate a EMS Fitness subscription plan during the first six (6) or twelve (12) months of enrolment according to the option chosen.
f) The discounted EMS Fitness off-peak subscription plan entitles you to use your weekly sessions within specified business hours only.
g) Every subscription plan will be automatically renewed after the initial commitment period unless it has been previously terminated by the member. The renewed commitment period will be the same as the previous one.
h) Subscription plans can be paused by the member for up to 4 weeks per year. The member will not be charged and does not receive weekly credits during this time. The initial subscription period will be extendet accordingly.
i) The EMS Fitness 10 Session plan entitles the member to 10 single EMS sessions within one year. You cannot terminate EMS Fitness 10 Session Plan and it will not be renewed automatically.
EMS TRAINING SESSIONS
a) The subscription plans entitle for one weekly training credit (more credits may be purchased as addon) which must be used each week. If the Member fails to use his weekly credit(s), the credit(s) will be forfeited. The 10 Session plan provides the member with 10 credits, which must be used within one year.
b) All EMS training sessions must be scheduled by the Member at least 12 hours in advance. If a member makes a booking less than 12 hours in advance, it is up to the Management´s discretion to confirm that booking. If a member does not show up to a scheduled EMS session, the session credit will be forfeit.
c) Members may cancel their session 24 hours in advance to keep and reuse their weekly credit. If the member cancels less than 24 before the session, the weekly credit will be forfeit.
d) Members must show up on time for their scheduled EMS session. Late arrivals may not join the session especially if that causes disturbance to other Member´s training. Sessions may be shortened in order not to overrun allocated time slots.
SERVICE PLAN FEES
a) You must pay an Initial Joining Fee in the amount specified. These fees are non-refundable and are due immediately upon your enrolment being accepted. The amount of the Initial Joining Fee is subject to change without prior notice.
b) Upon enrolment, and as a condition of your subscription plan, you must pay a monthly fee (the “Monthly Dues”). You are required to pay the Monthly Dues in advance by automatic debit from your bank account or credit card. In this regard, you shall execute any and all authorizations and documents as may be required by the Company. If for any reason the Company is unable to collect the Monthly Dues through the automatic debit from your bank account or credit card (which would occur, for example, if your bank account has been closed or your credit card has expired or been terminated), you shall immediately pay the Monthly Dues. Failure to allow the automatic debit of your bank account or credit card in a timely fashion will result in your enrolment and access being temporarily suspended until the outstanding balance is paid; a late payment penalty will also be imposed. The Company reserves the right to charge a collection fee of HK$120 in the event of the unsuccessful collection of an automatic debit due to an error with your bank account or credit card or for any other reason. Legal action may be taken to recover outstanding payments due, including late charges. You shall indemnify the Company jointly and severally for any costs incurred that are associated with any legal action taken to recover any outstanding payments due.
c) Monthly Dues may be increased, on thirty (30) days’ notice, at the discretion of the Company. The requirement to give notice shall be deemed to be fulfilled by a notice of any increase in the Monthly Dues being posted in the Studio for thirty (30) consecutive days prior to the date of effectiveness of any such increase.
d) The Company reserves the right to introduce new categories of Plans and to vary their prices from time to time.
TERMINATION OF SERVICE PLAN
a) One full calendar month’s advance notice must be given in person, by post or via email prior to the end of the commitment period of your Service Plan. For the purposes of these Rules, “one full calendar month” shall mean the period from the first day of a given month up to the last day thereof.
b) Prior to the effectiveness of the termination of an EMS Service Plan, you must continue to pay the Monthly Dues.
c) If you wish to terminate your EMS Service Plan for any other reason within a commitment period, the early termination fee is HKD 2,500. You must also complete not less than half of the initial commitment period. All prepaid dues are non-refundable or may be offset for the termination notice period.
d) Termination of an EMS Services Plan that has been frozen shall be subject to payment of the full Monthly Dues for the notice period herein mentioned.
e) The Initial Joining Fee will not be refunded for any reason whatsoever.
PHYSICAL CONDITION OF MEMBER
a) You warrant and represent that you are in good physical condition, that you know of no medical or other reason why you are not capable of engaging in EMS training, and that such exercise will not be detrimental to your health, safety, comfort or physical condition. You further represent that you suffer from no physical impairment that would prevent your use of EMS Fitness.
b) You will undergo a health assessment before your first EMS session. You must answer the relevant health question true and actual. If you suffer from an absolute contra-indication, you cannot participate in EMS training. If you suffer from a relative contra-indication, you must receive clearance from a doctor before commencing your EMS training. It is your responsibility to immediately notify the staff if your physical conditions have changed or you have discovered that you have been suffering from a contra-indication.
c) You agree not to use EMS Fitness training whilst suffering from any infection, contagious illness, disease or other ailment including (without limitation) open cuts, abrasions, open sores or minor infection, where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of the other users.
d) The Studio reserves the right to refuse entry to any person for safety, health or security reasons, and you agree to hold the Company free and harmless from any and all claims, damages or liability arising from such refusal.
e) The use of all EMS Fitness facilities is entirely at your own risk.
EXPULSION OF MEMBER
The Company may terminate any Services Plan:
a) Without notice and with immediate effect if the Member’s conduct, whether or not such conduct is the subject of complaint by another member, is such that, in the reasonable opinion of the Company, it poses a threat to the security, safety or health of other Members or the Company’s staff, or may be injurious to the character, reputation, goodwill or interests of the Company.
b) Without notice and with immediate effect if the Member commits any breach of the Rules as are in force.
d) Upon notice in writing, if any Monthly Dues, service charges or any other payments required to be paid by the Member remain unpaid after the due date for payment.
e) Upon notice in writing, if the Company is of the opinion that the Member is not suitable or is unfit for continued enrolment with the Company. All decisions of the Company under this clause shall be final and binding.
A Member whose contract is terminated by the Company shall forfeit all the privileges held by the Member with immediate effect. As a consequence of such termination, the Member shall forfeit any and all amounts which have been paid to the Company including the Joining Fee and the Monthly Dues for the month in which the termination occurs, without the right to claim any refund. On termination of a Member´s contract, he/she shall forthwith return any property provided or assigned to him/her by the Company and shall settle any outstanding amounts owing to the Company. The Company reserves the right to exercise any and all remedies provided herein and under the law arising from a breach of the terms and conditions of the Rules by any person who has a contract with the Company.
PROVISION OF PERSONAL DATA
a) The Company recognises the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
b) You understand, acknowledge and consent to the Company processing, collecting and using your personal data for the following purposes:
i) processing, administering and managing your Service Plan;
ii) processing any transactions or payments made by you, and maintaining payment records;
iii) contacting you or communicating with you via telephone call, text message, email and/or postal mail for the purposes of processing, administering and managing your Service Plan;
iv) for publicity purposes and conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities in order to enhance the services we provide to you, where you have consented to the Company doing so;
v) record-keeping purposes;
vi) responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;
vii) complying with any applicable law, regulation, legal process or government request; and
viii) storing, hosting and/or backing up (whether for disaster recovery or otherwise) your personal data, whether within or outside Hong Kong
ix) Your personal data may be used, disclosed, maintained, accessed, processed and/or transferred to the following third parties, whether sited in Hong Kong or outside of Hong Kong, for one or more of the purposes set out above:
x) any of the Company’s agents, contractors or third party service providers who process or will be processing your personal data on our behalf, including but not limited to those third party service providers who have been engaged by the Company to: (i) provide and maintain any IT equipment used to store and access your personal information; (ii) operate the Studio; or (iii) otherwise in connection with the provision of EMS Fitness services to you;
xi) the Company’s auditors and legal advisors;
xii) financial institutions, credit card companies and payment processors; and
xiii) public and governmental/regulatory authorities, courts and other alternative dispute forums.
d) Further details on how the Company collects, uses and/or discloses your personal data can be found in our Privacy Policy the Studio.
e) Data relating to Members or their Guests may be used for processing services, the collection of Monthly Dues, service fees and other payments required under the Rules, or in connection with the operation of the EMS Fitness studios and any ancillary or related purpose thereto.
f) As a Member, you have the right to request access to and correct your personal data held by the Company in relation to you, upon payment of a reasonable processing fee, and you can make such requests to your EMS Fitness studio of enrolment.
g) If you have agreed to allow us to use your personal data, you may receive from us from time to time administrative news, direct marketing telephone calls, emails, SMS, direct mailings or other communications, which may contain promotional materials. You may opt out from receiving marketing communications at any time, free of charge, by:
Sending us a written request by:
– Email to: [email protected]
– Updating your communication preferences at our front counter.
OTHERS
a) Members and their Guests are permitted to bring their own snacks and/or drinks into the studio.
b) Lost property found at the Centre will be held by the Management for a period of three (3) months from discovery, after which the Management reserves the right to dispose of the items in any way it sees fit. No claims shall be entertained after this period.
c) The Management reserves the right to use individual or group photographs of Members potential Members and/or their Guests for press or promotional purposes.
d) The Management may from time to time wish to show walk-in guests or others the studio and allow them to trial EMS training, and hereby reserves the right to do so.
e) The normal hours of operation are indicated online at www.ems-fitness.hk. The Management reserves the right to adjust the hours or to close all or any part of the studio for the purpose of cleaning, decorating, repairs, or maintenance, or for special private functions and holidays.
f) The Management shall endeavour to give reasonable notice of any lengthening or shortening of such hours and/or the closure of the studio.
h) Smoking is not permitted in any part of any Studio.
g) Members and their Guests may not use any studio while under the influence of alcohol, narcotics or other mood altering substances.
h) The failure of Management or the Company to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.
i) The Management may, at its sole discretion, amend, vary, delete or add to these Rules with immediate effect.
j) You will be advised of any changes by notification via email.
k) These Rules shall be governed by, and construed in accordance with, the laws of the Special Administrative Region of Hong Kong.
l) At the discretion of the Management, a Chinese translation of some or all of the Rules may be prepared and published. In the event of any real or apparent conflict arising between the English and Chinese version of a Rule, the meaning of the English version shall prevail.
LIMITATION OF LIABILITY
In consideration for the Management accepting your enrolment application for an EMS Fitness Services Plan and your continued tenure, you agree that:
a) None of the Company, the Management, EMS Fitness Limited or any of its/their employees or business, shall be liable for any actions or legal proceedings due to death, injury, loss, damage or theft to a person or property arising out of, or in connection with, your use of any of the services or facilities of the Studio (save in respect of death or personal injury arising out of the negligence of the Company, the Management or their staff employed to supervise the EMS Fitness studios). You hereby hold the Company, the Management and all of its/their employees and agents harmless from all claims which may be brought against them by you or on your behalf for any such injuries or claims as aforesaid and all costs and expenses incidental thereto.
b) Any guest of yours or temporary visitors to the Studio agree to abide by the Rules and to be subject to the same limitation of liability as you.
Referral programm
The Company has designed a bring a friend or referral program. Following conditions are set:
a) The referred will receive a free trial training upon presenting the referral card.
b) Upon signing a new contract or session package with the company, the referred party will receive a HKD 500 discount. The referee will receive a HKD 500 discount applied to the current membership. If the referee does not have a contract but a session package, the discount will be applied on the next session package or membership.
c) Only new members can be referred. If the referred has been a member or has purchased a session package in the last 12 months, no discount and free trial will be redeemed.
d) The company reserves the right to change referral conditions or discontinue the referral program at any time without further notice.
