Terms & ConditionsX
At USG Fitness Sdn Bhd (1243252-P) (“Union Strength”), we have adopted policies, procedures, rules and regulations, terms and conditions (“Policies”) designed to provide for a safe, enjoyable and healthy use of Union Strength premises, classes and / or activities for members, personal training clients and guests (hereinafter referred to as “you”, “your” or the “Member”).
These Policies apply to your conduct within Union Strength premises, which includes its gym facilities and the studio space. The Policies also apply to your conduct during Union Strength programmes, training, workshops, events and / or other activities held off the premises involving Union Strength (collectively known as “External Events”).
The following Terms & Conditions govern the rights and obligations of Union Strength and its Members:
ASSUMPTION OF RISK AND LIABILITY RELATING TO CORONAVIRUS / COVID-19
ASSUMPTION OF RISK AND LIABILITY RELATING TO CORONAVIRUS / COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Starting 10 June 2020, the Malaysian government has enacted the Recovery Movement Control Order (“RCMO”). Under the issued guidelines, Union Strength will be able to resume operations on 15 June 2020 accordingly.
Union Strength has put in place preventative measures as per government issued guidelines to reduce the spread of COVID-19. However, Union Strength cannot guarantee that you or any Member will not become infected with COVID-19. Further, visiting Union Strength could increase your risk of contracting COVID-19.
By resuming your membership with Union Strength from 15 June 2020 onwards, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk you may be exposed to or infected by COVID-19 by visiting and/or training at Union Strength and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You also understand that the risk of becoming exposed to or infected by COVID-19 at Union Strength may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Union Strength employees, volunteers, and program participants and their families.
By resuming your membership with Union Strength, you are also agreeing to the necessary guidelines and standard operating procedures put in place by Union Strength. Which includes, but is not limited to, daily temperature checks, sharing of personal contact information and appropriate conduct during your time in Union Strength (which includes, but is not limited to, increased cleaning and sanitising, wearing of face masks upon entry and during departure and limited to no physical contact).
By resuming your membership with Union Strength, you voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your attendance at Union Strength or participation in Union Strength related services (including, but not limited to, personal training, walk-in visitations, and general inquiry visitations) (“Claims”).
You acknowledge and hereby release, covenant not to sue, discharge, and hold harmless Union Strength, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Union Strength, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in Union Strength related services.
By signing and agreeing to Union Strength’s Membership Agreement (hereinafter referred to as the “Agreement”), you understand that you have accepted and entered into this Agreement with Union Strength and have read, understood and agreed to all terms hereof.
You shall be at the age of 18 years and above when you enter into this Agreement. If you are under the age of 18, you represent that you have obtained the consent of your statutory representative(s) prior to entering into this Agreement.
Your personal information will be taken and collected by Union Strength for our records and identification purposes. You hereby agree that we may release any information about you as where required to do so by law.
- Memberships are personal to the individual signed up and is non-shareable, non-assignable, non-refundable and non-transferable. Memberships also cannot be transferred into other services provided by Union Strength such as Personal Training.
- You are required to pay an initial registration fee in the sum specified, unless stated otherwise. These fees are non-refundable and are due immediately upon registration to become a member.
- Fees vary depending upon the type of membership package subscribed. Your fees are as specified in your initial consultation with the Union Strength team and are due in advance.
- You shall have the option to pay the membership fees either on a monthly basis (applies to membership of three (3), six (6) and / or twelve (12) month-term) or to pay the full amount in advance (applies to membership of three (3), six (6) and twelve (12) month-term). Payment can be made through a credit card / debit card auto-pay deduction.
- Upon completion or expiry of the membership term, you have the option to renew your membership with the same package or opt for other packages. If you previously signed up for a membership under a promotion you will need to revert to the normal membership fees, unless there is another valid promotion available. The joining fee and administration fee will be waived for this renewal.
- For membership of twelve (12) month-term, you may freeze your membership only once a duration of one (1) to three (3) months. For membership of six (6) month-term, you may freeze your membership only once for a duration of one (1) month only. For membership of three (3) month-term, freezing of membership is not allowed. During the freeze period, the monthly fees due will be waived, but a freeze fee of RM45 will be imposed to retain membership during this period.
- Members may contact management directly at [email protected] should he / she decide to cancel their membership, stating the reason for said cancellation. A cancellation request must be made at least seven (7) days prior to the next billing date and a fee of RM199 will be imposed for such eventuality.
- You recognize that you will be involved in strenuous physical activity including, but not limited to, muscular strength and endurance training, cardiovascular conditioning training, and other various fitness activities. You warrant and represent that you are in good physical condition and do not suffer from any known disability, disorder, or condition that could be triggered or worsened by participating in any Union Strength exercise program.
- Union Strength reserves the right to terminate the membership for reasons that may include unruly or disruptive behaviour, breach of this Membership Contract, and similar. No refund will be made under these conditions. The decision of Union Strength is final.
STUDIO ACCOUNTS & POLICIES
PURCHASE OF PACKAGES
A Union Strength account must be created before any package can be purchased. Packages may be purchased online, on the phone or in-person. The expiration of the package will start immediately after the confirmation of purchase email has been sent to your account email. Payment can be made online or within our studio, via both cash or card. If you have mistakenly purchased a new package and received a confirmation email, please contact Union Strength immediately so we can amend this accordingly.
All cancellations must occur 12 hours in advance, or a class credit will be deducted. This includes switching time slots under the 12-hour notice time period. You may cancel your class through our online system or by calling us directly.
Selected packages are shareable between Union Strength Studio attendees. The selected package can be shared with any number of Union Strength Studio attendees and each individual member will have access to the credits available within the selected package. Payment must be made for the package before the sharing process can be executed. Please contact us via email, phone or at our front desk to initiate this process.
Bookings may be done on our online system. Last call for reservations are one (1) hour before the reserved class time. All attendees must be physically present within the studio premises at least 15 minutes before the commencement of the reserved class - if you are more than ten (10) minutes late, your spot will be allocated to someone else. If you participate in a class, a class credit will be deducted from your account accordingly.
Should a class be fully booked, you can still reserve a spot for a class but you will be added to the waitlist. If you are at the top of the waitlist, you will be allocated a spot of which was surrendered by a member who came more than ten (10) minutes late. A credit will only be deducted if you take the class.
Members who purchase ANY membership package are subjected to a penalty charge for either a late cancellation or absence should they not cancel their reservation within the allocated 12-hours window.
Any purchase of a membership or studio package from Union Strength acknowledges that Union Strength is in no way responsible for the safekeeping of your personal belongings when you are present in Union Strength premises. You assume all risk of loss for any of your personal belongings.
PERSONAL FITNESS DECLARATION
Before engaging in any fitness activities at Union Strength, we strongly advise that you obtain a medical clearance from a certified medical practitioner should you have any doubts about your physical capability to engage in any physical activities.
You are to abide with Union Strength’s rules, policies and instructions including warning notices when using our equipment and facilities. Should you experience any illness or discomfort physically, please notify us immediately. Union Strength is not responsible in terms of medical requirements of our members.
LIMITATION OF LIABILITY
By attending classes, events, activities, using training facilities and equipment, you hereby acknowledge on behalf of yourself, personal representatives and/or assigns, that there are certain inherent risks and dangers while exercising in Union Strength.
You acknowledge that you have voluntarily chosen to participate in intense physical activity. You hereby agree to assume full responsibility for yourself and all injuries or damage, which are sustained or aggravated by you in relation to the use of equipment and/or our training facilities, and release, indemnify, and hold harmless of Union Strength.
Union Strength accepts no responsibility for loss or damage on members’ or their guests’ properties or for the death or injuries sustained while on Union Strength premises. Members and their guests agree that no claims will be made against Union Strength, the Management or staff for any reason whatsoever.
Union Strength, its associated companies, employees or agents shall not be responsible for any claims, demands, injuries, damages or actions for negligence arising on account of death or due to injury, loss, damage or theft to a member’s person or property arising out of or in connection with the use by a member of any of the services, facilities on the premises of Union Strength. The member hereby holds Union Strength, its associated companies, employees and agents harmless from all claims which may be brought against them by or on a member’s behalf for any such injuries or claims aforesaid. Any guest of a member or a temporary visitor to Union Strength shall agree to abide by Union Strength’s rules and the same limitation of liabilities for a member shall apply.