A. Terms and Conditions of Use
The following Terms and Conditions govern the rights and obligations between you and "Fit Eleven", which runs and operates the fitness studio known as Fit Eleven ("Fit Eleven").
Agreement is signed by you and Fit Eleven Pte. Ltd.
B. Use of Fit Eleven
- The use of the equipment and the premises and facilities at Fit Eleven (“Fit Eleven") is exclusive to you and is non-assignable and non-transferable. You shall not permit your membership to be used by anyone else.
- Fit Eleven reserves the right at its sole discretion to reject your application for the use of Fit Eleven Equipment and/or the Fit Eleven Facilities for any reason whatsoever and without giving any reason for the rejection.
- If Fit Eleven accepts your application, you shall be entitled to all the rights and privileges exercisable under the Fit Eleven package for which your application has been accepted subject to change from time to time.
- You are required to register for all classes before they commence, and for admission into the studios. Fit Eleven has the sole discretion in all matters pertaining to admission, and reserves the right to deny admission for any reason, without having to disclose it for any reason whatsoever and without giving any reason for refusal.
- Your membership will automatically expire when your contractual period has expired.
- You are liable for the loss or damage of any Fit Eleven’s company property, including, but not limited to, locker keys, towels, apparel, headphones, VCD/DVDs or other property. You will be imposed a penalty charge, which is subject to change from time to time at Fit Eleven’s discretion.
- If you are under twenty-one (21) years of age you may use the Fit Eleven Facilities and/or the Fit Eleven Equipment, only when a parent or guardian has signed the designated consent form.
- Fit Eleven may assign the benefit of your membership agreement to any person, firm or company at any time without notice to you
- Fit Eleven reserves the right to offer an alternative location for classes as it sees fit, or should any Fit Eleven studio be temporarily or permanently closed, be under maintenance, or renovation. In the event Fit Eleven ceases enrollment permanently and there is no other Fit Eleven studio available, this Agreement will be terminated on the date of permanent closure, following which you will be entitled to a refund of any unused fees. You are not entitled to a refund if there is another Fit Eleven location in operation.
- The Fees payable by you are detailed on the front of this Agreement. Once you have signed this Agreement, you shall complete the agreed contractual period. The Agreement and all paid fees are non-refundable and non-transferrable. Fit Eleven reserves the right at its sole discretion to claim against any penalty charges, forfeiting the last month's fee deposit. In the case of a breach of the Agreement which includes early termination or transfer. your membership will be terminated as per your Agreement. Your account will be recalculated according to the monthly rate at the start of your Agreement with Fit Eleven. You will also be charged a termination fee of S$200.
- Fees may be increased or reduced subject to thirty (30) days' notice at the discretion of Fit Eleven. Fit Eleven is not liable for any compensation resulting from such changes.
- Should you fail to pay your Monthly Fees, Fit Eleven is entitled to suspend or terminate your right to use of Fit Eleven Facilities and/or the Fit Eleven Equipment under this Agreement. Notwithstanding such suspension, your obligation to pay the Monthly Fees shall continue until this Agreement is terminated. If you fail to pay your Monthly Fees, Fit Eleven has the right to charge a penalty of S$10 for each month of unpaid fees.
- Fit Eleven reserves the right at its sole discretion to pursue legal action for any non-payment.
D. Your Physical Condition and Safety
- You understand that it is your responsibility to consult a physician regarding your ability to participate in the physical activities and/or use of the Fit Eleven Equipment and the Fit Eleven Facilities, and that participating in the physical activities at Fit Eleven and use of the Fit Eleven Facilities and/or the Fit Eleven Equipment imposes physical demands upon you. Particularly, you understand that the physical instruction provided during Fit Eleven Sessions may be held in a heated and humid environment of between 25 and 39 degrees centigrade and at up to 97% humidity, which will impose extra physical demands on you, over and above those which you would experience at cooler temperatures and lower humidity when engaging in any other exercise with comparable demands.
- You shall not use any of the Fit Eleven Facilities and/or the Fit Eleven Equipment, or participate in any of the physical activities available at Fit Eleven whilst suffering from any infections or contagious illness, disease, or ailment including, but not limited to, open cuts, abrasions, open sores, or minor infections, where there is any risk that may be detrimental to the health, safety, comfort, or physical condition of other users of Fit Eleven. You will bring any such matters to the attention of staff of Fit Eleven if in any doubt.
- You may bring harm to yourself should you use the Fit Eleven Facilities and/or the Fit Eleven Equipment without having received instruction by one of Fit Eleven’s instructors. All equipment is different and even if you have used similar equipment, it is essential you are familiar with the use of the Fit Eleven Equipment. You must seek advice from staff of Fit Eleven on the correct use of the Fit Eleven Equipment when in doubt.
- Any person who is pregnant, under medication, and/or suffering from or having suffered from any medical disability is strongly advised to seek the advice of a qualified medical practitioner before using any of the Fit Eleven Facilities and/or the Fit Eleven Equipment or taking part in any physical activities in the premises of Fit Eleven.
- No person who is under the influence of drugs or of alcohol is permitted to use the Fit Eleven Facilities and/or the Fit Eleven Equipment or take part in any physical activities on the premises of Fit Eleven.
F. Limitation of Liability
- By participating in physical activities offered at Fit Eleven and using the Fit Eleven Facilities and/or the Fit Eleven Equipment, you voluntarily accept the risk of injury involved in such participation, and therefore agree that neither Fit Eleven, nor its/their employees or agents shall be responsible for any claims, demands, damages, losses, loss of profit or business, actions or legal proceedings due to death, injury, loss, damage to your person or property, or to the person or property of other participants of the physical activities and facilities available at Fit Eleven.
- You hereby agree to defend, indemnify on demand, and hold harmless Fit Eleven and any of its employees or agents from all claims which may be brought against them for any such injuries or claims as aforementioned, and all costs and expenses incidental thereto.
- Fit Eleven is not responsible for any items lost or stolen on its premises for any reason whatsoever. You are solely responsible for taking care of your personal belongings on the premises.
G. Termination by Fit Eleven
- Fit Eleven may terminate this Agreement without notice and with immediate effect if your conduct in the reasonable opinion of Fit Eleven is deemed injurious to the character or interests of Fit Eleven, or to other users of Fit Eleven, or if you are in breach of the Terms and Conditions. All decisions of Fit Eleven under this Clause are final and binding.
- Fit Eleven shall be entitled to terminate this Agreement if you fail to pay monthly fees for one (1) month or more, after receiving ten (10) days’ written notice from Fit Eleven. Such termination shall not affect the right of Fit Eleven to recover the unpaid fees, interest, and related costs and/or expenses.
- In the event of termination under Clauses G.1 and G.2, you shall lose all rights and privileges under this Agreement with immediate effect. You shall forfeit the right to claim refund of your initial Deposit or Monthly Fee for the month during which the termination occurs. On termination of this Agreement, you shall immediately settle any outstanding amounts owed to Fit Eleven.
- Fit Eleven shall also be entitled to recover from you all costs and expenses incurred in connection with the recovery of the unpaid fees, interest, and other losses or damages caused by you on an indemnity basis.
H. Suspension of Agreement by Member
- You may suspend your Agreement for a maximum of twelve (12) months if you are pregnant, or are unable to endure the physical exertion Fit Eleven’s classes entail—with certified medical reasons from your physician. Alternatively, you may opt to suspend your Agreement once within for a maximum of one (1) month and twice for a six-(6) month package, or for two (2) months at any point during a twelve (12) month package. The minimum suspension period is one (1) month.
- All non-pregnancy or non-medical suspensions will be charged S$40 per month.
- All suspended month(s) will be extended at the end of your package expiry date.
- No backdated suspensions are allowed.
I. Facilities and Equipment, Fitness Programs, Personal Training, Private Yoga, Private Dance Agreements
- You are encouraged to undertake an Initial Fitness Assessment conducted by the fitness instructors of Fit Eleven before starting a Personal Training program. Notwithstanding any consultation on exercise programs which may be provided by Fit Eleven, you understand and agree that the selection of exercise program and types of equipment shall be entirely your responsibility.
- Fitness Assessments, Personal Training, Private Yoga, and Private Dance Sessions are strictly by appointment and subject to a separate fee. Bookings may be made up to seven (7) days in advance.
Twenty-four (24) hours' notice is required in the event of cancellation and any fees chargeable thereto shall be payable in full, notwithstanding non-attendance. Fit Eleven reserves the right to refuse any appointment.
- Instructors are authorized to stop anyone from exercising if it is judged unsafe for them to continue doing so.
- All Personal Training Sessions paid for in advance are non-transferable and non-refundable for any reason whatsoever.
J. Lockers (Monthly/Daily)
- Lockers may be available for rental on a monthly basis at the monthly fee specified by Fit Eleven. Monthly locker fees must be paid in advance and are not transferable, and Fit Eleven reserves the right at its sole discretion to open and/or break open such lockers at any time.
- Short-time lockers (other than Monthly Lockers) are provided for day use at no cost, and shall be emptied at the end of the day. Fit Eleven shall be entitled to break open any such lockers which remains unopened and/or unemptied at the end of each day, and remove its contents.
- The lockers should not be used for storage of valuable items, and Fit Eleven accepts no responsibility for loss or damage for locker contents for any reason whatsoever.
- To terminate the locker rental agreement, members are required to provide Fit Eleven one (1) month's written notice, ten (10) days prior to the start of the next monthly locker rental period.
- Upon termination of the locker rental or the termination of this Agreement, whichever is earlier, you shall remove all of your personal belongings from the designated Locker. Fit Eleven shall be entitled to break open any such locker that remains unopened and/or unemptied at the end of the locker rental period and remove the contents and dispose of its content in an appropriate manner.
- Termination of this Agreement will automatically lead to termination of locker rental on the same date.
K. Personal Data
- The personal data you have provided by means of this Agreement will be used by Fit Eleven for processing applications; to review your package, benefits or services; collecting Monthly Fees; any Locker fees; and other payments required under the Terms and Conditions, or are in connection with the operations of Fit Eleven for any related purpose.
- The personal data given means this Agreement may be disclosed to any member of Fit Eleven’s associated companies, agents, contractors or persons who provide administrative, telecommunications, computer and/or other services to Fit Eleven in connection with the operation of Fit Eleven’s business.
- You have the right of access and correction with respect to your personal data in accordance with the Personal Data (Privacy) Ordinance upon payment of a reasonable fee. Your right of access includes the right to obtain a copy of the personal data which you have provided by means of this Agreement.
- Outside food and/or drinks are not permitted within Fit Eleven’s operated premises.
- Lost property found on Fit Eleven’s premises will be held by Fit Eleven for a period of seven (7) days, after which no claims shall be valid; Fit Eleven reserves the right to dispose of the items any way it sees fit.
- All members must be appropriately attired at all times in the physical activity areas of Fit Eleven.
- At the conclusion of your use of a specific piece of equipment, you should wipe down the equipment with a hand towel and return it to Fit Eleven. All equipment belonging to Fit Eleven are not allowed to be taken out of the studio, or removed from the premises of Fit Eleven.
- Fit Eleven may from time to time show persons around Fit Eleven, and allow them to use the Fit Eleven Facilities and/or the Fit Eleven Equipment on a trial basis
- Fit Eleven’s normal hours of operation are indicated on our website and all branding collaterals. Fit Eleven reserves the right to adjust the hours, or to close Fit Eleven (all or any part thereof) for cleaning, decorating, repairs, maintenance, or for special private functions and holidays. However, Fit Eleven shall endeavor to give reasonable notice of any alteration to the hours of operation or any closure of Fit Eleven.
- Smoking is not permitted on any part of Fit Eleven’s premises.
- Members shall not use the Fit Eleven Facilities and/or the Fit Eleven Equipment whilst under the influence of alcohol, narcotics or similar substances.
- No gambling or betting of any form is allowed on any part of Fit Eleven's premises.
- No person shall undertake any activity which, in the sole opinion of Fit Eleven, is likely to upset/annoy other users of Fit Eleven, or which is unlawful.
- With the exception of small, portable radio and audio/mp3 players whose only source of sound is through ear plugs, no other portable radio, radio transmitters, cassette recorders or players, television set, or any other form of audio/visual equipment or musical instrument shall be played or used on Fit Eleven's premises. It should be noted that for participants of Fit Eleven’s Sessions, none of the stated items will be allowed.
- Fit Eleven may at its sole discretion amend, vary, delete, or add to these Terms and Conditions with immediate effect. You will be advised of any changes via email or at the Fit Eleven notice area.
- This Agreement shall be governed and construed in accordance with the laws of Singapore. You shall submit to the non-exclusive jurisdiction of the Singapore Courts in the event of any dispute hereunder.