TERMS AND CONDITIONS (Open Gym Access)
VIOLATION OF THESE TERMS AND CONDITIONS MAY RESULT IN SUSPENSION OR TERMINATION OF A USER’S ACCOUNT. BY USING OUR FACILITIES, USER AGREES TO THESE TERMS & CONDITIONS, AS MAY BE REVISED FROM TIME TO TIME.
In consideration of the Garage allowing the individual user (the “User”) to use its equipment, facilities and services, the User agrees to be bound by the terms and conditions of this Agreement (“Terms”). These Terms constitute a binding contract (“Agreement”) between the Garage, including its related parties (the “Company”), and the User regarding the use of the Company’s facilities.
Pursuant to these Terms, the Company grants User a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to access the Company’s gym equipment, premises, facilities and related services (the “Facilities”) on an unsupervised basis. This license is personal to the User and non-transferable or shareable, and is granted solely for User’s personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company.
SERVICES Any of the equipment located at the Facilities or provided by the Company, in whole or part, shall be referred to as “Equipment”. All of the Equipment and Facilities provided by the Company, in whole or part, shall be referred to collectively as “Services”.
MODIFICATIONS The Company may at its sole discretion change or modify these Terms by publishing the revised terms on the Website or otherwise notifying the User. By continuing to use the Services after revision to the Terms, User is deemed to have agreed to be bound by any and all revisions, modifications or changes. User agrees to carefully review the latest Terms on a regular basis.
BOOKING PROCESS. Users must comply with the Company’s processes and policies including instructions to create and maintain an active account and make full payment (including, where applicable, deposits) prior to using the Facilities. User shall comply with the Company’s instructions from time to time regarding the creation and maintenance of User’s account, or any other relevant process, to use the Facilities.
USER REQUIREMENTS AND CONDUCT
6. User acknowledges and agrees that:
by using the Services, User warrants and represents that User is fit and physically and medically able to use the Services and carry out related activities and has no physical, medical or other condition that would endanger User’s person or property, or make the Services unsafe or dangerous to User or to others.
if User deliberately or negligently cause(s) any nuisance, harm or injury to any person or any damage to or loss of any property (belonging to any person including other users) while using the Services, User shall indemnify the Company whether or not the individual who suffered injury, loss or damage claims or takes action against the Company, or if the Company incurs any costs or expenses in relation to the User’s use of the Facilities.
User shall be liable for any loss or damage caused to the Facilities, Equipment or other property of the Company. User shall pay for any damages caused by any act, omission or neglect of User immediately upon demand by the Company.
The license to use the Services is personal to the User and the User may not transfer, share or assign the license granted by the Company. User shall not authorize or permit third parties to use his/her account. User shall not allow other individuals entry into the Facilities, except with express written consent from the Company.
The Services are not available for use by persons under the age of 18, or over the age of 70.
From time to time, User may be asked to provide proof of identity to access or use the Services, and User agrees that he/she may be denied access to or use of the Services if he/she is unable to provide satisfactory proof of identity.
For User’s safety, User must check the Facilities before use. If the Facilities are faulty or not in good order, User should not use any faulty Facilities and User must file a report the Company immediately. Otherwise, User may be liable for any faulty or damaged Facilities. User may also be liable for any damage or destruction to the Facilities during the time slot he/she has reserved.
User’s reservation time slot (the “Reservation”) shall begin and end promptly in accordance with the time stipulated by the Company. No extensions on Reservations shall be granted for whatever reason.
At the end of the Reservation, User shall: (i) ensure that all Equipment used is cleaned and is safely returned to its original position; (ii) remove all personal property; (iii) comply with all directions regarding closing up and securing the Facilities; and (iv) exit the Facilities.
Additional fees shall apply if the Equipment is not safely returned to its original position and/or the Facilities are untidy or unsanitary.
To the extent permitted by Singapore law, User shall not hold the Company responsible for any damage, loss of property, injury, death or any other loss or damage howsoever arising in connection with the use of the Services.
The Company reserves the right to suspend or terminate a User due to misconduct, non-compliance with rules or directions, or for any other reason. Misconduct includes, but is not limited to:
Misuse, damage or theft of property;
Causing excessive noise or disturbance (due to dropping of weights, not using foam padding to lay weights on the floor or otherwise);
Security breaches (including but not limited to tampering with CCTV, interfering with the door locking mechanism, permitting unauthorised individuals to use the Facilities, filming or recording other Users without their express written consent) or any other act or omission that causes other users to feel unsafe;
Harassment of other users (includes, but is not limited to verbal, physical, and sexual abuse or harassment);
Leaving the Facilities unsafe, unclean and/or unsanitary
Overstaying beyond the allotted Reservation time;
Not treating property or other users with courtesy and consideration, as determined at the Company’s sole discretion;
Not using Equipment in accordance with proper or intended use; or
Failing to comply with the Company’s or its representatives directions from time to time.
User agrees to comply with all applicable laws when using the Services, and User may only use the Services for lawful purposes (e.g. no unlawful use of the premises). While using the Services, User shall not cause nuisance, annoyance, inconvenience, or property damage, whether to the Company or any other party.
The Company is not obligated to provide insurance of any kind related to User or User’s use of the Services, and User shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever.
Promptly notify the Company of any defect, malfunction or needed repair to the Facilities.
Contact the Company and local Police immediately in the event of theft of the Equipment or an accident that occurred during User’s use of the Equipment resulting in bodily injury.
7. These rules are in place to keep our community and the Facilities a safe space for everyone. Any breach of the Company’s rules or directions may result in immediate suspension or termination of the User.
8. OWNERSHIP. The Equipment, Facilities, Services and all rights therein are and shall remain the Company’s property. Neither these T&Cs nor User’s use of the Services convey or grant to User any rights: (i) in or related to the Services except for the limited license granted herein; or (ii) to use or reference in any manner the Company’s company names, logos, product and service names, trademarks or services marks.
9. The Company may send User informational or other marketing content such as SMS messages, mail or emails as part of the Services.
10. MAINTENANCE The Company is responsible for the daily running, maintenance and repair of Facilities, but for the avoidance of doubt, the Company does not have the obligation to ensure that all Facilities are in optimal condition in real time. Some parts of the Facilities may be under servicing or repair from time to time and User may not obtain a refund of any part of the booking fee paid for the Reservation for this reason.
11. The User should confirm the integrity of the components, efficiency, and familiarise with the performance of Facilities and safety devices before use. If User finds that the Equipment is malfunctioning, he/she shall stop using the affected Equipment, and notify the Company about the problem. If User disregards the malfunctioning equipment and continue to use it, the User may subsequently be liable for damages to the Facilities.
12. User further represents and warrants that:
User is familiar with all applicable local rules, regulations, codes and laws that relate to the safe and legal operation of the Facilities;
User is medically fit and there is no reason why User should not use the Facilities;
User is experienced and familiar with the safe and competent operation of the Equipment, and that he/she is fit to use them and is not relying on the Company to learn how to operate or use the Facilities;
User is solely responsible for operating and using the Facilities in a safe, careful and reasonably competent manner;
If User causes damage to property or injury to another party while operating or in use of Facilities, User is solely liable for such damage or injury; and
User shall return Facilities to the Company in the same condition as when received.
13. RESTRICTED USES User shall not do any of the following acts (“Restricted Uses”):
Use the Facilities if User has any existing physical or mental condition that would prohibit User from safely operating the Facilities.
Use the Facilities while under the influence of alcohol, drugs, or any other substance that would impair User’s ability to safely operate it.
Violate any applicable policies, rules, law or regulations.
Operate any Equipment that has any defect, fails to operate as a properly functioning Equipment, or that is in need of repair.
Continue using any Equipment if it, or any component of it, should become defective or malfunction.
Use the Facilities for any commercial purposes.
Remove or modify any accessories, parts or components of Facilities.
Remain after expiry of the Reservation time slots without paying any applicable user fees.
14. SERVICE LIMITATIONS User acknowledges and agrees that from and after the date that the Company makes unsupervised Facilities available to Users for use, the Company may suspend all or part of its unsupervised Facilities at any time, may relocate the unsupervised Facilities, reduce the number of unsupervised Facilities available and otherwise operate its unsupervised Facilities program in its sole discretion. User shall not be entitled to a refund of any fees for unused period. The Company does not represent or warrant that Facilities will be available for usage at any locations at any time.
15. RELEASE AND LIMITATION OF LIABILITY For and in consideration of usage of Facilities, the User and its representatives forever releases and relinquishes and discharges the Company, its officers, members, managers, employees, suppliers, agents, representatives from any and all claims, demands, disputes, losses, liabilities, debts, liens, charges, penalties, proceedings, causes of action and damages including for personal injury, wrongful death, property damage, and injury to user or to third parties (collectively, “claims”), including unknown or unanticipated claims, which arise from or are related directly or indirectly to this agreement or the maintenance, design, use and/or operation of Facilities or Services, including any and all claims related to the sole or partial negligence of the Company, the Company’s associated parties or any other party.
16. In no event shall User claim that Company did not adequately train User, or provide User with adequate instructions necessary, to operate the Facilities in the same manner as a person who is an experienced gym user who has been trained to operate equipment in a safe and careful manner.
17. ASSUMPTIONS OF RISKS; DISCLAIMER User expressly acknowledges and accepts that User’s usage of Facilities is at his/her own risk. User accepts the Services for use after exercising his/her own free choice to participate voluntarily in this activity and after having inspected the Facilities and certifying that is in good operating condition. User understands that exercising may be a hazardous or risky activity. User acknowledges, understands and assumes all risk relating to the usage, maintenance, design, use and/or operation of the Services, including the Equipment, and understands that such use involves risk to the User and others including damages, bodily injury, partial or total disability, paralysis and death to User or others, and that User has full knowledge of said risks and dangers, including such risks, damages and injuries that may arise from the negligence of others.
18. All Equipment and Facilities properties are provided “as is” and without any warranty of any kind, whether express or implied, written or oral, including, without limitation, any warranty of merchantability, quality or fitness for a particular purpose. The Company hereby disclaims any claim in tort (including negligence, product liability or strict liability).
19. DISPUTE RESOLUTION Our Terms are governed by Singapore law under the jurisdiction of Singapore courts.User agrees that the Company may, at its sole discretion, submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement, User’s use of the Services, including, without limitation, the Facilities, and/or the Company’s website, to competent court in Singapore. And this Agreement shall be governed by the laws of Singapore without regard to conflicts of law provisions.
20. INDEMNIFICATION User shall indemnify, defend and hold harmless the Company for, from and against any and all Claims related to or arising out of these Terms, including, but not limited to User’s breach of any representations, warranties or covenants set forth in these Terms, and the maintenance, design, use or operation of the Services, even where caused in whole or in part by the Company’s negligence, and/or the negligence of others, whether presently known or unknown. At the Company’s option, User shall assume control of the defence and settlement of any claim subject to indemnification by User (provided that, in such event, the Company may at any time elect to take over control of the action and settlement of any such claim). In no event may User settle any claim without the Company’s prior written consent.
21. ASSIGNMENT The Company may assign its rights and duties under this Agreement to any party at any time without notice to User.
22. NO WAIVER The Company’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by the Company shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.
23. TERMINATION OF AGREEMENT The Company may terminate this Agreement at any time, without cause, legal process, or notice to the User and User’s use of the Services is at the sole discretion of the Company. User waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination. User shall not be entitled to a refund of any amount paid for unused Services, if this Agreement is terminated for cause. User may terminate User’s unused Reservation time slots at any time; provided, however, that no refund will be provided by the Company.
24. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement shall remain in full force and effect.
25. SURVIVAL All provisions of this Agreement relating to limitation and exclusion of liability, waivers, assumption of risk, warranties and indemnification obligations shall survive the termination of this Agreement, and all amounts unpaid at the time of termination or expiration of this Agreement shall remain due and payable.
26. PERSONAL DATA PROTECTION User agrees and consents to the Company using and processing your Personal Data for the purpose of providing the Services and operating the Company’s business (the “Purpose”). “Personal Data” means information about User, from which User is identifiable, including but not limited to User’s name, identification card number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The provision of Personal Data is voluntary. However, if Personal Data is not provided, User’s application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined above and User may not be able to use the Services.
27. The Purposes for which the Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following:
To perform the Company’s obligations in respect of any contract entered with you;
To provide you with any services pursuant to the these Terms;
To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
Process, manage or verify your application for the Service;
To validate and/or process payments, refunds, rebates or charges;
To facilitate or enable any checks as may be required;
To respond to questions, comments and feedback from you;
To communicate with you;
For internal administrative purposes, such as auditing, data analysis, database records;
For purposes of detection, prevention and prosecution of crime or violation of these Terms;
For the Company to comply with its obligations under law;
To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and/or sponsors;
To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company in writing. If you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by notifying the Company. The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change. By submitting your information to the Company, you consent to the use of the Company’s use of User’s Personal Data.