Terms & Conditions

TERMS & CONDITIONS

1. The following terms & conditions govern the rights and obligation of FITOKIO and membership thereof. 
2. FITOKIO is operated by TAC & IDCJ Wellness Sdn. Bhd. with a business address (Level 4, Bangunan Bangsaria, 45E, Jalan Maarof, Bangsar, 59100 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur) (The Company) whose principal objective is provided health and leisure facilities for frequent. 

MEMBERSHIP TERMS

1. Membership is personal to the member and is non-assignable, non-transferable and non-refundable. A member may not loan his/her membership card to be used by a third party. The Company may assign the benefit of those agreements to any person, firm or company at any time without notice to the member. 
2. Upon acceptance, the member shall be entitled to all the rights and privileges under the class of membership.  
3. Membership is only available to individuals who have attained a minimum age of 18 years old. 
4. A digitally signed agreement and paper signed agreement are legally recognized and shall not be denied of its legal effect, validity, or enforceability. 
5. You will be given a copy of the digital signed agreement upon joining via email that you have provided to us.  

MEMBERSHIP FEE

1. All members will pay fees stated in this contract. The Joining Fee and first month’s membership are non-refundable and shall become due immediately upon being accepted as a member. All fees are subject to change without notice. 
2. Monthly Membership fee is payable on the 1st of every month through credit/debit card. RM15 late payment fee will be imposed thereafter per outstanding month. Furthermore, for credit card payments, we reserve the right to adjust your monthly subscription fees to the prevailing Debit Card/Cash rate at this time. 
3. Failure to use or non-usage of FITOKIO facilities does not eliminate the obligation to pay all subscriptions in a timely manner. 
4. The Management reserves the right to deny access if the dues are in arrears and to cancel any membership on which fees are unpaid for a month or more. Legal action will be taken to recover outstanding dues from members. 
5. Any lapse in membership will require the member to re-join at prevailing Initiation Fees. 

FREEZING MEMBERSHIP

1. All Members may “freeze” their memberships by continuing to pay a prevailing freeze fee of 10% membership fee in advance per month depending on your membership category.  
2. A member must give notice to the FITOKIO reception by the 20th of the month prior to the first day of the freezing month. Backdating freeze is not allowed. Freeze requests shall be processed by FITOKIO reception staff. A written confirmation shall be issued by FITOKIO to confirm the freeze period. 
3. The freeze period must be for a period of not less than 1 month up to 3 times per membership year non-continuous and the Member needs to be an active paying member for a minimum of 3 months after joining. 
4. The time freeze period always starts on the 1st day of the month and finishes on the last day of the month. 
5. The freezing period does not count towards the membership term. Freeze may not be used in respect of the notice period for cancellation of membership. 
6. Members may not use FITOKIO facilities during this freezing period unless you unfreeze your membership by paying the pro-rate dues of the month before the end of the freezing period. 
7. Your frozen membership will be reactivated to a full paying membership automatically upon the expiry of the frozen period. 
8. If you cancel freezing before the 1st of the month of freezing, there will be no fees charged. 

CANCELLATION OF MEMBERSHIP

Cancellation Within Membership Term 

1. Cooling off period is 7 days, there will be no cancellation fee if you cancel within 7 days from the day of signing the membership agreement. 
2. Your membership will be auto-renewed after the membership term. If you do not wish your membership to be renewed, you must inform the management 1 month in advance. 
3. You can cancel your membership anytime if you give us one full calendar month advance notice. In the event you decide to cancel your membership, we will deduct 1 month of membership fee as penalty.  
4. You must communicate your intention to cancel your membership to the management. The cancellation will be completed by submitting the cancellation form to us over the reception counter or via email at info@fitokio.com.my. 

HEALTH AND SAFETY

1. The member must follow health and safety regulations set by FITOKIO as stated below. Anyone who is found in breach of these conditions may be liable for compensation and any cost incurred from their actions. 
   1. 1. If you have any doubts about your fitness or capability to exercise, you must get advice from your doctor first.  
      2. You are responsible for using all FITOKIO facilities correctly. If you are not sure how to use any equipment, always ask our staff. 
      3. You must let us know of any physical condition that could prevent you from engaging in active or passive exercise. 
      4. The member shall not use any FITOKIO facilities whilst suffering from any infections or contagious illness, disease or other ailment such as open cuts, abrasions, detrimental to the health, safety, comfort or physical condition of other members. 
      5. Smoking is not permitted in any part of the FITOKIO. 
      6. Members or Guests must not use the facilities of FITOKIO under the influence of alcohol, narcotics or other mood-altering substances. 
2. Fitness Instructors/Trainers are authorized to stop anyone from exercising if he/she is considered exercising in a manner that may result in personal injury or/and injury to others. Users must abide by the instructions of the Fitness Instructor. 

CLUB FACILITIES

1. The Management accepts no responsibility for loss or damage to member’s contents kept in lockers for any reason whatsoever. You are responsible for your own personal belongings even when you keep it under the locking facility provided by FITOKIO. Unclaimed or lost properties will be kept by FITOKIO for a period of 1 month, after which the Management reserves the right to dispose of the items in any way it sees fit. No claims shall be entertained after this period. 
2. The use of mobile phones with camera features and /or any other type of visual recorders in changing rooms are strictly prohibited. Members breaching this rule will be handed over to the authorities to be dealt with accordingly. 
3. An applicable fee is chargeable for any lost and damaged items.

PERSONAL TRAINING / LAVA STUDIO SESSION

1. Members are not allowed to pay the Instructor/Trainer directly for a session. Payment should be made at FITOKIO reception desk. 
2. All sessions have an “Expiry Date”. Sessions included in your membership will expire at the end of the month. You will be able to carry forward 1 personal training session to next month. LAVA studio session is not available for carry forward. Session tickets bought on top of your membership will have an expiry depending on the number of tickets bought, please check when making a purchase. 
3. Single Session and Multiple Session have an “Expiry Date”. Any remaining session/sessions past “Expiry Date” will be forfeited.  
4. The time of sessions is agreed upon between the trainer and the member. You must arrive on time for the scheduled appointment. If you arrive late by any chance, do understand that your session will end at the originally scheduled time. 
5. The member must give a twenty-four (24) hour cancellation notice. It is required for rescheduling or canceling any and all individual Sessions. Failure to do so will result in forfeiture of sessions and no sessions or payment reimbursement will be granted. 
6. Shall his/her Personal Trainer cancel the session within the 24-hour notice period, if the member does not agree to the substitute trainer for the scheduled session, we will reschedule your session to another date with your original trainer.  
7. Fitness Trainer will not guarantee the results.

OTHERS

1. The Management reserves the right to use any individual or group photographs of members and guests for promotional purposes. 
2. All brandings, designs, logos and promotional materials of FITOKIO are copyright of TAC & IDCJ Wellness Sdn. Bhd. Unauthorized editing and/or distribution of copyrighted materials are not permitted.

LIMITATION OF LIABILITIES

In consideration for the Management accepting his/her application for member of FITOKIO and for him/her becoming and remaining a member of the FITOKIO, the member agrees that: 

1. FITOKIO shall not be made responsible for any loss and/or damage of member’s properties. 
2. FITOKIO shall not be made responsible for death, injuries and/or however sustained while on the premises as direct results of member own actions. 
3. All members shall agree to abide with FITOKIO rules and the limitation of liabilities.