“Company” shall mean Deltigo Health and Fitness LLP having its registered office at the 19/2 Bharat Chandra Roy Path, Gangulipara, Shyamnagar, North 24 Parganas, Kolkata 743127. “Staff” shall mean and include the Company, and its directors, fitness professionals, employees and consultants. “Calendar Month” shall mean and include the period from the first day of a given month up to the last day of that month. “Member” shall mean an individual who has been issued a Membership Access Card with a unique Membership ID Number by the Company for accessing and using the facilities provided at the Gym. “Minimum Term” shall mean the minimum period of membership that a Member is required to complete and as specified in the Membership Application & Agreement Form. “Access Card” shall mean a Membership Access Card with a unique Membership ID Number issued by the Company to a Member for access to the Gym. “Membership Application & Agreement Form (MAAF) and Membership Terms & Conditions” shall mean and be referred to as the “Gym Rules’, as specified from time to time, and including but not limited to these Terms and Conditions stated herein, all of which constitute a binding Agreement between the Member and the Company. “Modes of Payment” shall mean and include the different ways by which a Member chooses to make payments of the Membership Dues and other services to the Company. “Membership Dues” shall mean the non-refundable fees deposited by a Member at the time of registration for obtaining membership of the Company and Gym, and Membership Dues shall be inclusive of and not limited to Initiation Fees (Non-refundable), Monthly Subscription, Penalty and Fines etc. All the Membership Dues are non-refundable.The Member represents that he is fit to access the Gym and participate in the fitness activities provided at the Gym.
The Member further represents that he has undergone a medical check-up for determining the foregoing and or has received such medical advice before applying for Membership and that he shall undergo regular periodic medical check-ups for such purpose.
LIMITATION OF LIABILITY:
In consideration of being allowed to access the Gym and participate in the fitness activities provided at the gym or at any location outside the gym, the Member hereby undertakes and declares that the Company, and its directors, fitness professionals, employees, consultants or contractors are absolved to the fullest extent of any or all liability(ies) arising from any injury or damage caused (whether fatal or otherwise) to him/her or any loss, damage or theft of any property belonging to, or brought into the gym premises by a Member or any guest occurring within the gym howsoever caused and that the Company/ Gym’s contractual and legal rights and remedies, are independent and cumulative.
All the information provided online at the time of registration must be true and correct, the Member shall be solely responsible and liable if the said information is found incorrect. The Company reserves its right to terminate a membership without notice or refund of any Membership Dues if the information provided is found to be incorrect at any point of time. A Member also agrees to provide any additional information as and when demanded by the Company. To apply for membership a Member is required to furnish self-attested copies of proof of identity, proof of address, phone numbers (Residence and Mobile Number), valid E-mail ID and the contact details of a person to be contacted in the case of any emergency and any other particulars as requested by the Company. Document furnished by a Member as proof of address or proof of Identity shall only be accepted if the same is/are issued by a recognized Government Authority, Institution (Central or State) or any another authority acceptable to the Company.
MEMBERSHIP DUES, PAYMENT OPTION:
a. The Membership Dues are non-refundable and subject to change without notice. i. All members shall pay the Initiation Fee of an amount specified by the Company at the time of applying for membership. These fees shall become due immediately upon the acceptance of the applicant as a Member, which shall be at the sole discretion of the Company. The membership shall not be activated till these amounts are received by the Company. All cheque payments are subject to realization. ii. The Member shall be required to pay the ‘Monthly Subscription’ in advance by choosing one of the payment options provided by the Company. In this regard the Member shall execute any and all Authorizations and Documents as may be required by the Company. iii. If for any reason the Company is unable to collect the ‘Monthly Subscription’, the Member shall not be permitted to access the gym till the ‘Monthly Subscription’ is paid by the Member prior to entering the Gym at the Front Desk of the Gym, and the Member will also be charged a late Payment Fee for each unsuccessful attempt by the Company to collect from the member (For details refer Annexure A). All outstanding amounts for other services inclusive of but not limited to Late Fees. etc, will also be automatically charged and deducted from the Credit Card provided by the member. b. Members have two Payment Options to choose from Recurring or Lump Sum. i. RECURRING: A Member choosing the Recurring Payment Option is required to pay their Membership Subscription on a recurring month on month basis. The member needs to register his Credit Card online on Payment Gateway web page. The Member has no right to stop the recurring month on month payment of the membership subscription. In case, there is default by the Member in making timely payments then the membership shall remain suspended for the entire period of the default and such suspension shall be revoked only on the payment of the payable monthly subscription and a ‘late fees’ where applicable, charged by the Company. Members are not permitted to cancel their membership during the Minimum Contract Period Term of the Membership. ii. LUMPSUM: A Member choosing the Lump Sum Payment Option is required to make a one-time advance payment of the entire Membership Subscription Amount for a period of three (3), four (4), six (6) or twelve (12) months after which the membership will automatically be cancelled and the Member will have to renew his/her membership at than prevailing Membership Dues in order to continue with their membership. Goods and Service Tax (GST) and other tax or charges levied by the government. shall be charged solely and exclusively to the Member in addition to all Membership Subscription payable by the member.
INCREASE OR DECREASE OF THE MONTHLY DUES AND OTHER CHARGES:
The Company reserves the right to increase the Monthly Dues and other charges inclusive of but not limited to the Monthly Subscription, regardless of the Membership Option chosen by the Member, subject to a seven (7) days notice to the Member. Notice requirement shall be deemed fulfilled upon communication to the member via email and/ or SMS as well as the posting of a Member Notice by the Gym at the Gym Notice Board, any other conspicuous area in the gym, or on the Company Website and Facebook page for seven (7) consecutive days prior to the effective date of any such increase. If the Membership Dues are so increased, a Member authorizes the Company to increase the Direct Debit Amount on the Credit Card which has been authorized by the Member. Monthly Subscription shall not be increased during the minimum term specified for the Membership.
RIGHTS OF ADMISSION:
Deltigo Gym reserves the right of admission to its premises. Deltigo Gym reserves the right to refuse a Member, staff and/or visitor of Deltigo Gym access to its premises in the event that the member, staff, visitor does not adhere to the Deltigo Gym Rules & Regulations.
MINIMUM AGE FOR MEMBERSHIP:
Membership is available to an individual/applicant who has attained the age of Fourteen (14) years subject to the individual/applicant furnishing a valid document confirming his age and acceptance of such document shall be at the sole discretion of the Company. All individuals/applicants who are under the age of Fourteen (14) years must obtain consent from their Parent/Guardian (Legal Representative) when applying for Membership and signing the MAAF Page 1 of 5.
COMPLAINT/GRIEVANCE OR FEEDBACK:
The Company shall at all times Endeavour to provide the required facilities and services at its gym, however, in case of any complaint/ grievance or feedback received in writing at front desk of the gym or via email with in respect to the facilities and services provided to a Member, the management at the Gym (Gym Management) shall Endeavour to contact the person within seven (7) working days and address the complaint/grievance or feedback.
NO SMOKING, DRINKING ALCOHOLIC BEVERAGES, DRUGS, PETS ETC. IN THE GYM:
The Company reserves its right to restrict the entry and terminate the membership of any Member without any notice if the Member is found to have consumed any alcohol, drugs or other illegal or intoxicating substance prior to entering the Gym or within the Gym or if he brings such substances to the Gym. The decision of the Gym Management will be final and binding in the matter, with no refund of Membership Dues for any paid but unused services or remaining period of Membership. No pets are allowed inside the premises.
In the interest of the safety and security of our staff, members and visitors, certain areas of the gym are covered under 24 hour CCTV surveillance.
PROPER CLOTHING AND HYGIENE:
Proper athletic attire must be worn at all times by a Member when using the gym facilities to exercise. a. No attire or personal hygiene that discredits the standard of the Company will be acceptable. The Company reserves the right to deny access and/or use of the gym to any Member or guest whose attire is not considered appropriate in connection with the public image of the gym and the gym Rules, as specified from time to time.
USE OF TOWEL: All members have to use clean towel. It is expected from all the members that each individual will use their own towels and not borrow from others.
Locker can be used by paying monthly locker fees extra.
LOST AND FOUND:
Any items claimed to be forgotten or lost by the member during the course of their visit to the gym shall not be the responsibility of the gym, nor will the member hold the gym responsible or liable for the same. If any items lost are found by the gym, the same shall be retained by the gym for a maximum period of (7) seven days only. If these items are not claimed within these (7) seven days, the gym retains the right to discard these items. The Company bears no responsibility or liability for the safekeeping and/or custody any lost items.
CHANGE OF RULES AND FACILITIES & SERVICES:
a. The Company may, at its sole discretion, add, remove or amend the gym Rules, including but not limited to the Terms & Conditions of the MAAF, the operating hours and the services and facilities provided by the gym due to regulatory, administrative and/or commercial compulsion or for any other reason considered necessary by the Company. b. Any such additions, deletions or changes from time-to-time will be notified to all Members through a medium as the Company feels appropriate by a notice of five (5) days. c. If at any time the operations or services of a gym are permanently/ temporarily suspended/closed for any reason, the Company shall be entitled to terminate the membership of the Members, with Five (5) days prior written notice if the circumstances allow the Company to give such prior notice or with lesser number of days notice, and refund the Membership Dues of the Members.