Terms of service

TERMS AND CONDITIONS

Issued: [DATE] – Updated: [DATE]

Please take the time to read the following terms and conditions. The information outlined in these terms and conditions can and/or will be used in the event of a discrepancy.

The parties to this agreement include The Lelli Group Sdn Bhd trading as ATLAS 24:7 Fitness ('ATLAS'), and the Member detailed on the completed Membership Form. By signing the Membership Form, the Member agrees to have been provided with a copy of these Terms and Conditions. All members of ATLAS must be a minimum of 14 years of age. Members under 16 will need to be supervised by an adult when using the gym facilities. All membership agreements for children under 18 years of age are required to be authorized and signed by a parent/guardian. The use of personal data will be restricted to ATLAS (and or its employees) for marketing purposes only. ATLAS will not release any personal information to any third party under this agreement. ATLAS may send member promotions, communications and or updates at its discretion. The Member may "opt-out" at any time by contacting their closest ATLAS location.

Acknowledgement of Obligations, Risks & Injury

The Member acknowledges that any activity undertaken at ATLAS's facilities is dangerous and that by participating in such activity the Member is exposed to certain risks. The Member acknowledges that they are physically and medically sound to undertake any activity and agree to advise ATLAS if they become physically and/or medically unsound to participate in such activity. The Member understands that while participating in an activity:

  • They may be injured, physically or mentally or may die
  • Their personal property may be stolen, lost or damaged
  • Other people participating in the activity may cause them injury or may steal or damage their property
  • The Member may cause injury to other persons or damage their property

The Member participates in any activity at their sole risk and responsibility and the Member assumes responsibility for any injury, death or property loss or damage resulting from their participation in an activity. The Member releases, indemnifies and exempts ATLAS, its employees, agents and contractors, from and against all and any actions or claims which may be made by the Member or on the Member's behalf or by other parties for or in respect of or arising out of any injury, loss, damage or death caused to the Member or their property whether by negligence, breach of contract or otherwise.

Membership

Membership at ATLAS entitles the Member to work out as many times as they wish in each period, participate in normally scheduled Group Fitness Classes (if available) and use exercise equipment located on the gym floor and cardiovascular training areas. There are variations in ATLAS's facilities and services provided at different ATLAS facilities. To ascertain exactly what a particular facility provides please enquire at the facility directly. There may be additional fees charged to access these facilities and services. ATLAS reserves the right to make changes to exercise equipment supplied in any of its facilities at any time. ATLAS also reserves the right to make changes to the opening hours, Group Fitness timetable, pricing, these terms and conditions or any of its services at its sole discretion.

Membership Cards

Upon joining ATLAS, a photo of the Member will be taken for security reasons relating to the safety of all Members and patrons. This photograph will not be used for any other purpose and will be stored on ATLAS's database. The Member will be issued one Membership Card/Key Fob and will be responsible for it. Membership Card replacement fee is RM20.00. All Members must present a Membership Card upon entry to ATLAS's facility. Membership card scan is compulsory for security and insurance purposes. If a Member does not have their Membership Card with them upon entering ATLAS's facility, the Member will be charged a RM25.00 entry fee. If a member gives another person the use of their Membership Card, their Membership will be forfeited, and no monies will be refunded. The Member and the other person who used the Member's Membership Card will be banned from using and attending any of ATLAS's facilities.

General Rules

Towels must be used when participating in Group Fitness Classes and when exercising/training to maintain hygiene and safety standards. Entry into the facility will be denied if you do not have a towel. Fully enclosed, clean sports shoes must be worn during workouts for safety reasons and no work boots, high heels, slippers or street clothing is permitted. Members are required to wear a singlet or t-shirt, shorts or pants always. When using weights, Members will allow others to work in with them during their workouts. All weights will be unloaded and put away from the machine or rack in preparation for the next user. No weights will be dropped or banged on the ground unnecessarily. Instructors and personal trainers may be available in the event that any assistance is required.

Lockers

Lockers are available at ATLAS facilities. The Member must bring their own padlock/combination lock daily as required. ATLAS does not supply Members with padlocks, however, padlocks may be available for purchase at ATLAS's facility. The Member is advised to remove their padlock/combination lock upon completion of their workout and not leave the padlock/combination lock or a locker for permanent use. Any padlocks/combination locks will be removed and destroyed by ATLAS at the end of each week. The Member is responsible for their own belongings and ATLAS's employees, agents or contractors are not responsible for any loss of the Members personal property. The lockers provided are not security devices, so Members are advised to keep all valuables with them while using ATLAS's facility. Any items of lost property will be held by ATLAS for one week and will then be thrown out or donated to various charities.

Group Fitness Classes (if available at ATLAS's facility)

For the Member's and other patron's safety, class numbers may be restricted to certain levels. On occasion, large class numbers may limit participation in some of the classes. To avoid disappointment, ATLAS suggests that the Member arrives at least 5-10 minutes prior to class commencement. At times, classes may be cancelled by ATLAS and ATLAS will use its best endeavours to notify Members and other patrons of class cancellations by either posting a status on social media or displaying a notice at ATLAS's Facility. Where applicable, class bookings will be made available through the ATLAS mobile application [NUMBER OF DAYS] days in advance.

Online Memberships

For all online memberships purchased through ATLAS's website, the membership will effectively begin at the time the online transaction has been successfully completed and received by ATLAS. The Member understands that if a membership payment is made by way of an upfront payment, the Member will also be charged an administration fee of RM50.00. Should the Member wish to cancel their Membership, the Member will not be entitled to a refund of any monies paid. All online memberships will be automatically activated by ATLAS within 7 days of the original purchase date of the membership (no exceptions apply).

Top-Ups of Memberships

If the current promotion explicitly states that the membership price is exclusively for expired and new members, and the Member continues to purchase an upfront membership as a 'top-up', the Member acknowledges and accepts that ATLAS may charge an administration fee of RM50.00 to cover any bank fees incurred during the process of refunding the 'top-up' to the Member.

If the current promotion explicitly states that the membership price is exclusively for "existing" members, and the Member continues to purchase an upfront membership as a 'top-up', the Member acknowledges and accepts that they can only purchase one membership during the period. ATLAS will not accept multiple purchases of gym memberships, and may charge a RM50.00 administration fee to cover any bank fees incurred during the process of refunding the 'top-up' to the Member.

Administration Fee

An administration fee of RM50.00 is a one-off fee payable on NEW memberships. This administration fee covers operational costs that include setting up your membership, key tag, goods, services, and administration costs over the course of the membership.

Upfront Membership Payment

A photographic identification card (MyKad/Passport) will be provided by the Member upon signing up to an upfront membership at ATLAS's Facility. The Member understands that if a membership payment is made by way of upfront (one off) payment, the Member will also be charged an administration fee of RM50.00. Should the Member wish to cancel their Membership, the Member will not be entitled to a refund of any monies paid. Should the Member wish to transfer their Membership to another person, they may do so by attending at ATLAS's facility with the other person and complete a Membership Transfer Form which both the Member and the other person will be required to sign. The transfer of membership is only available to Members who have paid full price for their membership (this does not include promotional membership specials).

Monthly Membership Payments

A photographic identification card (MyKad/Passport) will be provided by the Member upon signing up to a membership at ATLAS's Facility. A Member who applies for a Monthly Membership agrees to pay by standing instruction, credit card recurring payment, or other approved payment method. The Member understands that an ADMINISTRATION fee of RM50.00 applies to a Monthly Membership. Memberships will continue on a month-to-month basis. The member will be required to complete a Cancellation Form and lodge it with ATLAS at least 10 days prior to the cancellation date. A cooling-off period of 7 days is applicable.

All monthly payments will be maintained unless the member provides authorization to ATLAS to cancel the payment arrangement. Should the Member's payment be unsuccessful, ATLAS will attempt to recover any outstanding balances together with any administration fees. Should the Member have an outstanding overdue amount on their Monthly Membership, their access to ATLAS will be restricted until the outstanding amount has been paid in full. An additional late fee of RM30 will apply after several failed payment attempts.

Membership Suspension

Upfront Membership — Please note that the following is subject to a member paying full price for their Membership: The Member may suspend their Membership for a period of four (4) weeks provided they notify ATLAS in writing or in person at ATLAS's facility at least seven (7) days prior to the required suspension date. The Member must notify ATLAS of the start and finish date of the suspension period. The Member acknowledges that early activation of their Membership is permissible. The time that a member suspends their Membership for will be added to the term of their Membership. Should the Member require a suspension period longer than four (4) weeks, documentary proof must be provided to ATLAS. Should ATLAS run a promotional membership special where an upfront membership fee is discounted from the full price, the following applies: The Member is not entitled to suspend or transfer their membership if they have signed up for a promotional membership special. Suspension or Transfer of Membership is only available for Members who have paid full price for their membership.

Monthly Membership – The Member may suspend their Membership for a minimum period of two (2) weeks and a maximum period of four (4) weeks. The Member is required to notify ATLAS in writing or in person at least seven (7) days prior to the required suspension date. The time that a member suspends their Membership for will be added to the term of their Membership.

Member Ban

ATLAS may, in its absolute discretion, suspend or revoke a person's membership, and ban that person from attending at any of ATLAS's facilities, if that person:

  1. Engages in criminal activity
  2. Conducts personal training services when they are not a registered personal trainer with ATLAS
  3. Fails to comply with any term or condition, or any rule, which relates to hygiene, or which is designed to prevent the transmission of COVID-19 or any other virus
  4. Enters or attempts to enter any ATLAS facility whilst showing symptoms of COVID-19 or other contagious illness including but not limited to elevated body temperature or fever
  5. Is verbally and/or physically abusive towards any staff member or contractor of ATLAS and/or towards any other member
  6. Engages in any conduct constituting harassment of any member or any staff member or contractor of ATLAS, including any comments of a sexual nature made to or about any member, staff or contractor
  7. Films another member or members, or any staff or contractors of ATLAS, without that person's express knowledge and written consent
  8. Unreasonably refuses any lawful direction from a staff member or contractor
  9. Operates equipment in a manner that places themselves or any other member, staff member or contractor at risk of injury
  10. Uses their membership tag to permit a non-member access to any ATLAS facility

Health & Safety Protocols

ATLAS has a health and safety responsibility to minimize the likelihood of infectious disease transmission, and as such, we have implemented several measures, including social distancing and enhanced cleaning protocols with the aim of keeping staff and visitors safe. Members are required to comply with all health and safety protocols as directed by ATLAS management and in accordance with Malaysian government regulations. Refusal to comply with direction from Staff or Management will be deemed as non-compliance. Any abusive behaviour following these measures will not be tolerated, and further action will be taken at the discretion of Management.

Reformer Pilates (if available)

a. Releasing of classes:

All classes will be released from 7am, 3 business days prior to the class date.

b. How to book:

All bookings must be made through the ATLAS mobile application, available for download on the Apple App Store and Google Play. Please note, ATLAS will not accept double bookings by customers. Participants are only allowed to make one booking per timeslot. In the event multiple bookings are made, ATLAS reserves the right to cancel the booking and re-allocate the booking at its discretion.

c. Instructor Illness:

If a class is cancelled due to instructor illness and a replacement cannot be arranged, all participants will be notified via email and text message. No fees will be charged in such cases.

d. Arrivals:

All participants must sign in at Reception before the scheduled class to confirm your attendance. Punctuality is essential to allow the class to start on time. Late arrivals beyond a 5-minute grace period will be treated as non-attendance and will incur a RM20 fee. If you are pregnant, please ensure that you have obtained medical clearance from your doctor before participating. 

e. Cancellations:

All cancellations must be made through the ATLAS mobile application or in person. Cancellations must be submitted at least 3 hours before the class start time to avoid a RM20 penalty fee. Cancellations made less than 3 hours before the class start time will incur the penalty fee. This ensures sufficient time to notify other members with the option to attend.

To cancel your booking, respond with 'N' to the SMS notification (if SMS notifications are activated) or log into your ATLAS account. Navigate to 'My Account,' select 'Schedule,' and cancel your reservation.

Members with outstanding overdue amounts, including cancellation or late fees, will have their access to ATLAS Group Classes restricted until the balance is fully paid.

f. Waitlist:

If you are on a waitlist and receive an SMS or email confirming that you've been placed in a class due to a cancellation, this serves as your booking confirmation. If you are unable to attend, you must cancel your booking in accordance with the terms outlined in paragraph (e).

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising from or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Contact Information

[COMPANY LEGAL NAME SDN BHD] [STREET ADDRESS] [CITY, STATE, POSTCODE] Malaysia

Email: [CONTACT EMAIL ADDRESS] Phone: [CONTACT PHONE NUMBER]

By signing below or by using the facilities, the Member acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.

Member Name: _______________________

NRIC/Passport No: _______________________

Signature: _______________________

Date: _______________________

Parent/Guardian Signature (if under 18): _______________________