TERMS & CONDISTIONS & PRIVACY POLICY
1. INTRODUCTION
1.1. The Company is managing and operating a fitness center and gymnasium located at the premises known as 130 East Coast Road Singapore 428815 under the style and name of “OOMPF FITNESS STUDIO” (“STUDIO”).
1.2. The terms and conditions contained in the Membership Application Form and the Document (as may be varied, changed or modified by the Company/STUDIO at any time or from time to time), shall constitute the Membership Contract made between the Company/STUDIO and its Members and the Membership Contract shall govern the rights and obligations between the STUDIO and its Members.
1.3. The STUDIO reserves the right, at its sole discretion, to vary, change and modify the terms and conditions of the Membership Contract at any time and from time to time and every Member shall be deemed to have accepted and agreed to such variation, change and modification and be bound by the same. Any such variation, change or modification shall be displayed in one or more prominent locations in the STUDIO’s premises.
2. MEMBERSHIP
2.1. Any person may apply to become a member of the STUDIO by: submitting to the STUDIO a completed Membership Application Form prescribed by the STUDIO; and unless waived by the Company/STUDIO, paying to the STUDIO the Membership Fee either annually (for one-year membership) or semi-annually (for half-year membership).
2.2. If the application is in order, the Company/STUDIO shall issue a membership card to the successful applicant (who shall be called “Member”) and the date of commencement of the Member’s membership shall be the date of issue of the membership card. The fee payable to the Company/STUDIO for the replacement of the membership card shall be determined by the Company/STUDIO from time to time.
2.3. The Company/STUDIO shall in its absolute discretion: prescribe, at any time and from time to time, the qualifications of membership to the STUDIO; and accept any person as a Member of the STUDIO.
2.4. The STUDIO shall display the qualifications of membership (and any variation, change and modification thereto) at one or more prominent locations in the STUDIO’s premises.
2.5. The membership of the STUDIO is personal to the Member and is non-assignable and non-transferable. The Company/STUDIO may at any time in its absolute discretion, without requiring the Member’s consent and without any notice being given to the Member, assign, novate or transfer all or any one or more of the Company’s/STUDIO’s rights, benefits, interests and/or obligations under the Membership Contract (or any part thereof) to one or more third parties. In addition, if the Company/STUDIO shall assign, novate or transfer all its rights, benefits and interests and obligations, as the case may be, in or under the Membership Contract to one or more third parties, the Member shall be deemed to have consented to such assignment, novation or transfer and the Member agrees to sign any instrument or document as may be required by the Company/STUDIO.
2.6. The Membership Fee for a year shall be determined by the Company/STUDIO from time to time. The Member may pay the Membership Fee for either one-year membership or half-year membership. The Company/STUDIO may waive the payment of the Membership Fee or any part thereof for any period of time as the Company/STUDIO shall in its absolute discretion determine. The amount of the Membership Fee payable may be reviewed by the Company/STUDIO at any time and from time to time and any change to the amount of the Membership Fee shall be displayed one or more prominent locations in the STUDIO’s premises.
2.7. A Member may renew his membership at any time prior to the expiry of his current term of membership by paying the current Membership Fee to the Company/STUDIO.
2.8. There shall be no refund of the Membership Fee or any part thereof to the Member under any circumstances (including the termination, restriction or suspension of the membership by the Company/STUDIO or the termination of the membership by the Member). Without prejudice to the generality of the foregoing, there shall be no refund of the Membership Fee or any part thereof to the Member: even if the Member has not made use of the any of the privileges and benefits of membership or the amenities and facilities of the STUDIO or even if the Member has not purchased or participated in any Activity; or on the ground of the Member’s health, disability or death or the Member’s relocation out of Singapore.
3. TRAINING SESSIONS & STUDIO’S SERVICES
3.1. Subject always to clause 3.5, a Member shall during his term of membership be entitled to: subject always to its availability and to clause 3.2, free download and use of the “OOMPF Wellness powered by Cellihealth” personal health management and monitoring application; opt to undergo tests to determine the cholesterol and fasting blood sugar levels at a medical center which the STUDIO has arranged for such test to be conducted; participate in any Activity (including Training Sessions upon payment of Training Fee); purchase any merchandize available at the STUDIO; and make use of the STUDIO’s amenities and facilities. In cases where the Membership Fee or part thereof has been waived, the Company/STUDIO may in its absolute discretion impose any restriction on one or more of the benefits mentioned above in this clause.
3.2. The “OOMPF Wellness powered by Cellihealth” personal health management and monitoring application mentioned in clause 3.1 is provided by “Cellihealth” and the Member’s adoption and use of and reliance on the said application shall always be subject to: Cellihealth’s terms and conditions; and the Member shall solely accept and assume the risks arising from, associated with and incidental to the adoption and use of or reliance on the said application. The Company/STUDIO shall not be responsible or liable to the Member and/or any person in any way for any illness, injury, disability, death, loss (whether direct, indirect or consequential) or damage to person or property suffered or incurred by the Member arising from, associated with or incidental to his adoption and use of or reliance on the said application.
3.3. The Member shall indemnify and hold harmless the Company/STUDIO, its officers, employees, servants and agents from and against all actions, claims, liabilities, demands, proceedings, damages, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind in respect of any illness, injury, disability, death, loss (whether direct, indirect or consequential) or damage to person or property suffered or incurred by the Member arising from, associated with or incidental to his adoption and use of or reliance on the said application.
3.4. Except for the treadmill, cross-trainer and stationary bicycle machines currently located on the 2nd storey of the STUDIO, the Member shall not make use of any of the STUDIO’s Equipment under any circumstances unless while participating in any Training Session.
3.5. When the membership of any Member has been terminated, restricted or suspended by the Company/STUDIO for any reason whatsoever, the Member shall no longer be entitled to one or more of the privileges and benefits of membership as the Company/STUDIO may in its absolute discretion determine.
3.6. A Member may purchase one or more Training Session upon paying the Training Fee to the STUDIO. In respect of the Training Sessions: the STUDIO shall organize and make available a menu of Training Sessions for the Members to purchase; the Member may participate in and complete the Training Sessions as long as his membership remains valid and subsisting; the Training Sessions are personal to the Member and are non-assignable and non-transferable; and if his membership has been terminated, restricted, suspended, lapsed or expired prior to completion of the Training Session, the Member shall not be permitted to continue with participation in the Training Session notwithstanding that the Member has paid the Training Fee.
3.7. If a Member fails to complete the Training Session within the period specified for any reason whatsoever, there shall be no refund of the Training Fee or any part thereof under any circumstances to the Member. Without prejudice to the generality of the foregoing, there shall be no refund of the Training Fee or any part thereof if a Member fails to complete the Training Session within the period specified on the ground of: the Member’s health, disability or death or the Member’s relocation out of Singapore; or the termination, restriction or suspension of the membership of the Member.
4. CESSATION OF MEMBERSHIP
4.1. Any Member may at any time before the expiry of the term of his membership terminate his membership for any reason whatsoever by giving notice in writing of such termination to the STUDIO.
4.2. The STUDIO may in its absolute discretion and without prior notice terminate, restrict or suspend the membership of any Member on the occurrence or happening of one or more of the following: if a Member shall be in breach any term and condition of the Membership Contract; if a Member shall be in breach of any of the House Rules; if a Member causes any damage to the Equipment and/or the STUDIO’s premises and its fixture and fittings and fails to pay the costs of repair, rectification or replacement in respect of the damage upon demand being made by the Company/STUDIO; or if the STUDIO’s premises are damaged by fire, flood, lightning, earthquake or other perils or the lease of the STUDIO’s premises shall not be renewed on its expiry for any reason whatsoever.
5. PRIVACY & MEDIA RIGHTS
5.1. The Company/STUDIO collects the Member’s Personal Data for the following purposes: considering the Member’s application for membership and responding to the Member’s queries and requests; managing the administrative and business operations of the Company/STUDIO and complying with its internal policies and procedures; facilitating business asset transactions (which may include any merger, acquisition or asset sale) of the Company; matching any Personal Data held for any of the purposes listed herein; resolving complaints and handling requests and enquiries; preventing, detecting and investigating crime and analyzing and managing commercial risks; providing media announcements and responses; monitoring or recording phone calls and customer-facing interactions for quality assurance, employee training and performance evaluation and identity verification purposes; legal purposes (including but not limited to obtaining legal advice and dispute resolution); conducting investigations relating to disputes, billing, suspected illegal activities or fraud; meeting or complying with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on the Company/STUDIO (including but not limited to responding to regulatory complaints, disclosing to regulatory bodies and conducting audit checks, due diligence and investigations); analytics and tracking, including facilitating the sale of analytical data; communicating to the Members, customers and clients (collectively “group”) advertisements involving details of the Company’s/STUDIO’s products and services, special offers and rewards, either to the group generally, or which the Company/STUDIO has identified may be of interest to the group (including but not limited to upselling, cross selling and telemarketing); administering contests, competitions and marketing campaigns; and purposes which are reasonably related to the aforesaid.
5.2. The Member consents to the Company/STUDIO collecting, using and disclosing the Member’s Personal Data to: the Company’s/STUDIO’s employees, servants and agents for the provision of products and services to the Member, address the Member’s queries and requests in relation to customer accounts, subscription and billing arrangements with the Company/STUDIO; persons, firms and companies providing services relating to insurance and consultancy to the Company/STUDIO; agents, contractors or third party service providers who provide operational services to the Company/STUDIO, such as courier services, telecommunications, information technology, payment, printing, billing, payroll, processing, technical services, training, market research, call center, security or other services to the Company/STUDIO; vendors or third party service providers in connection with marketing promotions and services offered by the Company/STUDIO or its preferred partners; commercial shops and retailers in relation to providing rewards and benefits; any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which includes any merger, acquisition or asset sale) involving the Company; collection and repossession agencies in relation to the enforcement of repayment obligations for debts; credit bureaus for the purpose of preparing credit reports or evaluation of creditworthiness; external banks, credit card companies and their respective service providers; professional advisers of the Company/STUDIO such as auditors and lawyers; relevant government regulators, statutory boards or authorities or law enforcement agencies to comply with any laws, rules, guidelines and regulations or schemes imposed by any governmental authority; and any other party to whom the Member authorizes the disclosure of the Personal Data to.
5.3. Without prejudice to clause 5.1, the Member grants the Company/STUDIO permission to record the Member’s voice and photograph (the term “photograph” includes both still and video) the Member in conjunction with any Activity and to use the Member’s photograph, voice and likeness taken in conjunction with any Activity, in any form, including edited versions, in or over any medium including streaming audio and/or video over the internet, broadcast, cable or satellite transmissions for any legitimate purpose, including commercial purpose, without any compensation payable to the Member. The Member waives any right of inspection of any such recordings and photographs and acknowledges and agrees that such recordings and photographs shall become the sole property rights of the Company/STUDIO.
6. REPRESENTATIONS, WARRANTIES, ETC
Each Member represents and warrants to the Company/STUDIO at the time of application for membership and every time prior to the commencement of his participation in any Activity and prior to using the Services that: he knows of no medical, physical or other reason that may impede, restrict or prevent him from engaging in any Activity and that such Activity would not be detrimental to his health, safety or physical condition and if he knows of such reason, the Member has obtained prior medical advice and clearance to engage in any active or passive physical activities, and without prejudice to the generality of the foregoing, to participate in any Activity; he is not suffering from any infection, illness or disease, whether contagious or otherwise, or other physical ailments (such as cuts, abrasions, open sores, rashes and other eruptions) which may impede, restrict or interfere with his participation in any Activity; and he is fit to participate in the Activity.
7. SAFTEY MEASURES & OTHER MATTERS
7.1. When in the STUDIO’s premises, every Member shall: observe and obey all posted rules and warnings; and comply with any instruction and direction given by the Company’s/STUDIO’s employees, servants and agents.
7.2. The Company/STUDIO advises every Member not to participate in any Activity without having first obtained prior medical advice and clearance.
7.3. The Company/STUDIO reserves the right in its absolute discretion to stop or prevent any Member from participating in any Activity in the interest of the Member’s health, safety and well-being.
7.4. The Company/STUDIO expressly disclaims all warranties and conditions of any kind, whether express or implied including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, in respect of any Training Session, Equipment and/or Services.
7.5. Subject to clauses 7.6 and 7.7, the Company/STUDIO shall use its reasonable endeavors that the STUDIO is open for business during the stated operating hours.
7.6. The STUDIO reserves the right in its absolute discretion for any reason whatsoever or for no reason and with or without prior notice to close the STUDIO or interrupt, stop or shut down any Activity and the Company/STUDIO shall not be liable to any Member for any loss or damage suffered or incurred by the Member for the closure of the STUDIO or the interruption, stoppage or shutting down of any Activity.
7.7. Without prejudice to clause 7.6, the Company/STUDIO reserves the right in its absolute discretion to close the STUDIO or vary its operating hours of the STUDIO: for safety or emergency; for purposes of cleaning, re-decorating, maintaining or repairing the STUDIO’s premises and the fixtures and fittings therein; for purposes of maintenance or replacement of the Equipment; and reserving the STUDIO’s premises for private functions or events.
8. DISPUTE RESOLUTION
8.1. In the event of any dispute arising out of and/or in connection with the terms and conditions of the Membership Contract, including those regarding its existence, termination or validity, the Member shall agree to enter into mediation for a minimum of seven (7) days prior to initiating any legal action against the Company/STUDIO in a court in the Republic of Singapore.
8.2. During the period of mediation aforesaid, the Member shall not disclose any information relating to or in connection of the dispute between the Company/STUDIO and the Member to any person or comment on the dispute in the public domain or any social media on the internet.
9. HOUSE RULES
9.1. The Company/STUDIO shall at any time and from time to time make house rules, and any variation, change and modification thereto, for the orderly operation of the STUDIO (“House Rules”) including and not limiting to the following: the proper use of the Equipment and/or Services; proper participation in any Activity; and good and orderly behavior of all Members while in the STUDIO’s premises.
9.2. Every Member shall be deemed to have accepted and agreed to the House Rules and be bound by the same. The House Rules and any variation, change and modification thereof shall be displayed in one or more prominent locations in the STUDIO’s premises.
10. ENTIRE AGREEMENT
10.1. The Membership Contract shall constitute the entire agreement between the Company/STUDIO and its Members. All conditions, warranties and other terms and conditions not expressly contained in the Membership Contract or not imposed or required to be binding by applicable statute in respect of the services or goods supplied by the Company/STUDIO are hereby expressly excluded.
10.2. Each Member expressly acknowledges that he has not relied on any oral or written representations or other promises or assurances not contained in the Membership Contract.
11. GENERAL
11.1. The Contracts (Rights of Third Parties) Act (Cap 53B) shall not apply to the Membership Contract and nothing in the Membership Contract shall be deemed to confer any right to enforce any provision of the Membership Contract on any person who is not a party to the Membership Contract.
11.2. In the event one or more of the terms and conditions of the Membership Contract shall be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any term or condition in every other respect and of the remaining terms or conditions of the Membership Contract shall not in any way be affected or impaired.
11.3. Any delay by the Company/STUDIO to enforce any of its rights at any time shall not be construed as a waiver of such rights.
11.4. The Membership Contract shall be governed by and construed in accordance with the laws of Singapore. In relation to any legal action or proceedings arising out of or in connection with the Membership Contract (collectively “Proceedings”), the Company/STUDIO and the Member hereby irrevocably submit to the jurisdiction of the courts of Singapore and waive any objection to Proceedings in any such court on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
11.5. In this document, the following words and expressions shall unless the context otherwise requires have the following meanings:
“Activity” means any activity of the STUDIO (including participating in the Training Session, classes and workshops and using the Equipment and/or Services);
“Company” means OOMPF PTE LTD (UEN:…) a company incorporated in Singapore and having its registered office at 20 Upper Circular Road #01-17 The Riverwalk Singapore 058416.
“Document” means the document entitled “TERMS & CONDITIONS RELATING TO MEMBERSHIP OF OOMPF FITNESS STUDIO” (as may be varied by the Company/STUDIO at any time and from time to time);
“Equipment” means the machines, equipment and accessories in the STUDIO which are available for use by the Members while participating in any Training Session;
“Membership Application Form” means the form entitled “Membership Application Form” or such other application form prescribed by the Company/STUDIO from time to time;
“Membership Contract” means the membership contract constituting the Membership Application Form and the Document (as may be varied by the Company/STUDIO at any time and from time to time) governing the terms and conditions of membership between the Company/STUDIO and every Member;
“Membership Fee” means the membership fee payable annually (for one-year membership) or semi-annually (for half-year membership) for admittance as a Member of the STUDIO;
“Personal Data” Includes any data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which the Company/STUDIO have or are likely to have access, including data in its records as may be updated from time to time;
“Services” includes all amenities and facilities of the STUDIO (such as the lounge, locker and shower room facilities) and the STUDIO’s premises;
“STUDIO” means the OOMPF Fitness Studio Centre, a fitness center and gymnasium managed and operated by OOMPF PTE LTD at the premises located at 130 East Coast Road, Singapore 428815;
“Training Fee” means the training fee payable by the Member for the purchase of any Training Session offered by the STUDIO; and
“Training Session” means the individual or group training session, class and workshop specially customized and made available by the STUDIO to the Members for purchase and participation in.
“Activity” means any activity of the STUDIO (including participating in the Training Session, classes and workshops and using the Equipment and/or Services);
“Company” means OOMPF PTE LTD (UEN:…) a company incorporated in Singapore and having its registered office at 20 Upper Circular Road #01-17 The Riverwalk Singapore 058416.
“Document” means the document entitled “TERMS & CONDITIONS RELATING TO MEMBERSHIP OF OOMPF FITNESS STUDIO” (as may be varied by the Company/STUDIO at any time and from time to time);
“Equipment” means the machines, equipment and accessories in the STUDIO which are available for use by the Members while participating in any Training Session;
“Membership Application Form” means the form entitled “Membership Application Form” or such other application form prescribed by the Company/STUDIO from time to time;
“Membership Contract” means the membership contract constituting the Membership Application Form and the Document (as may be varied by the Company/STUDIO at any time and from time to time) governing the terms and conditions of membership between the Company/STUDIO and every Member;
“Membership Fee” means the membership fee payable annually (for one-year membership) or semi-annually (for half-year membership) for admittance as a Member of the STUDIO;
“Personal Data” Includes any data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which the Company/STUDIO have or are likely to have access, including data in its records as may be updated from time to time;
“Services” includes all amenities and facilities of the STUDIO (such as the lounge, locker and shower room facilities) and the STUDIO’s premises;
“STUDIO” means the OOMPF Fitness Studio Centre, a fitness center and gymnasium managed and operated by OOMPF PTE LTD at the premises located at 130 East Coast Road, Singapore 428815;
“Training Fee” means the training fee payable by the Member for the purchase of any Training Session offered by the STUDIO; and
“Training Session” means the individual or group training session, class and workshop specially customized and made available by the STUDIO to the Members for purchase and participation in.
11.6. The clause and paragraph headings in this document are for ease of reference only and shall not be taken into account in the construction or interpretation of this document or any provision thereof.
11.7. In this document, unless the context otherwise requires words importing the singular meaning shall include the plural meaning and vice versa, and words importing any gender shall include all other genders.
Training Session Agreement
1. Training Session:
1.1. Only Members are entitled to purchase and participate in one or more Training Session. The Member shall make full and up-front payment of the Training Fee to the STUDIO at the time of purchase of any Training Session.
1.2. At the time of making a purchase, it is the Member’s sole responsibility to ensure that his term of membership is of sufficient duration to cover the validity period within which the Training Session has to be completed. If necessary, the Member may renew his membership at the time of purchase of any Training Session.
1.3. The Training Session is personal to the Member and is non-assignable and non-transferable.
1.4. The Training Session shall expire if it is not used or completed for any reason whatsoever within its specified validity period.
1.5. If his membership has been terminated, restricted, suspended, lapsed or expired prior to completion of the Training Session, the Member shall not be permitted to continue with participation in the Training Session notwithstanding that the Member has paid the Training Fee.
1.6. There shall be no refund of the Training Fee or any part thereof under any circumstances if a Member fails to complete the Training Session within its validity period. Without prejudice to the generality of the foregoing, there shall be no refund of the Training Fee or any part thereof if a Member fails to complete the Training Session within the validity period on the ground of: the Member’s health, disability or death or the Member’s relocation out of Singapore; or the termination, restriction or suspension of the membership of the Member.
2. The Company/STUDIO shall be entitled at any time and from time to time to assign or change any personal fitness instructor for any Training Session as the Company/STUDIO in its absolute decision deems fit.
3. The Member may make bookings with the STUDIO via telephone call, email or What’s App message for attending any Training Session subject to: bookings are made on a first-come-first serve and subject to availability basis; an acknowledgment of the booking will be sent to the Member but it is the Member’s sole responsibility to ensure receipt of the acknowledgment; if a Member fails to attend any Training Session for any reason whatsoever after having made a booking, that Member shall be deemed to have attended and completed the Training Session UNLESS the booking is cancelled at least 8 hours prior to commencement of the Training Session; and if a Member shall not be punctual for the booking made, the Member shall be entitled to participate in the Training Session for the remaining time of that Training Session and the Member shall be deemed to have attended and completed the full session.
4. Any costs or expenses incurred by any Member for acting on the recommendations of the personal fitness instructor shall be on the sole account of the Member.
5. Every time prior to the commencement of his participation in any Activity, the Member represents and warrants to the Company/STUDIO that: he knows of no medical, physical or other reason that may impede, restrict or prevent him from engaging in any Activity and that such Activity would not be detrimental to his health, safety or physical condition and if he knows of such reason, the Member has obtained prior medical advice and clearance to engage in any Activity; he is not suffering from any infection, illness or disease, whether contagious or otherwise, or other physical ailments (such as cuts, abrasions, open sores, rashes and other eruptions) which may impede, restrict or interfere with his participation in any Activity; and he is fit to participate in any Activity.
6. The Member solely accepts and assumes all risks and responsibility, and the Company/STUDIO, its employees, agents and servants shall not be responsible and liable to the full extent permitted by law, for any illness, injury, disability, death, loss or damage to person or property suffered or incurred by the Member and/or any person arising from, associated with or incidental to his participation in any Activity.
7. The Member releases, waives and discharges the Company/Studio, its employees, agents and servants from all responsibility and liability to the full extent permitted by law, for any illness, injury, disability, death, loss or damage to person or property suffered or incurred by the Member arising from, associated with or incidental to his participation in any Activity.
8. The Member indemnifies and holds harmless the Company/STUDIO, its officers, employees, servants and agents from and against all claims, demands, proceedings, actions, liabilities, damages, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind in respect of any illness, injury, disability, death, loss or damage to person or property suffered or incurred by the Member arising from, associated with or incidental to his participation in any Activity.
9. In the Training Session Agreement, the terms shall have the same meanings assigned to them in the Membership Contract.
