Terms and conditions
IMPORTANT: Please read these terms and conditions carefully before using the Fitcave Studio website and services.
These terms govern your use of Fitcave Studio’s website, booking system, and services. By accessing or using the Fitcave Studio website or services, you agree to these terms.
1. General Website Use
1.1. The Fitcave Studio website allows users to purchase training packages, register for sessions, view schedules, and communicate with Fitcave Studio.
1.2. You are responsible for maintaining the confidentiality of your account and password and restricting access to your device. You accept responsibility for all activities conducted under your account.
1.3. By using the website or communicating with Fitcave Studio via email or other electronic means, you consent to receive communications electronically. Notifications, agreements, and other communications delivered electronically satisfy any legal requirement for written communication.
2. Personal Training and Facility Use
2.1. Clients agree to abide by the rules and policies of Fitcave Studio regarding the use of the premises, equipment, and training sessions. These rules may be updated periodically and are displayed at the studio.
2.2. Fitcave Studio is not liable for any inability to access the premises due to circumstances beyond its control, such as emergencies or technical issues. Refunds in such cases are at the sole discretion of Fitcave Studio.
2.3. Fitcave Studio reserves the right to refuse service or access to any client who fails to comply with the studio’s rules, poses a risk to others, or engages in disruptive behavior.
3. Refund Policy
3.1. Personal Training Packages
- Personal training packages are non-refundable after purchase.
- Sessions are non-transferable to other clients.
- Refunds will only be considered under the following circumstances:
- Medical reasons with documented proof (e.g., a doctor’s note).
- Relocation outside the service area, with supporting documentation.
3.2. Trial Sessions
- The RM99 trial session comes with a 100% money-back guarantee if you are not satisfied after completing the session.
- Refund claims for trial sessions must be submitted within 24 hours after the session is completed.
- Refunds will not be processed before attending the session.
3.2 Unused Sessions
- All personal training sessions must be used within the validity period as follows:
- 1 Trial Session: 1 Month
- 4-Session Package: 1 Month
- 8-Session Package: 1 Month
- 16-Session Package: 2 Months
- 24-Session Package: 3 Months
- 32-Session Package: 4 Months
- 40-Session Package: 5 Months
- 48-Session Package: 6 Months
- Extensions:
- If sessions are not completed within the expiry period, you may extend the package for a fee of RM10 per session.
- Extensions will be calculated based on a 2 sessions per week basis for the new expiry date.
- Each package can only be extended once.
- Unused sessions beyond the extension period will expire without refund or credit.
4. Cancellation Policy
To ensure fairness to both clients and trainers, we require timely notice for any changes to your scheduled sessions.
4.1. Client Cancellations
- Notice Period: Clients must provide at least 24 hours’ notice to cancel or reschedule a session.
- Late Cancellations: Cancellations made less than 24 hours before the scheduled session will result in the session being forfeited.
- No-Shows: Failure to attend a scheduled session without prior notice will also result in the session being forfeited.
4.2. Trainer Cancellations
- If your trainer needs to cancel a session, you will be notified as soon as possible, and the session will be rescheduled at a mutually agreed time.
5. Health and Safety Waiver & Release
By attending Fitcave Studio training sessions, programs, activities, or using Fitcave Studio premises, facilities, and equipment (collectively referred to as “Training and Facilities”), you acknowledge and agree to the following:
5.1 Inherent Risks of Participation
- You are aware that physical activity and participation in personal training involve inherent risks, some of which cannot be eliminated regardless of the care taken to avoid injuries.
- Specific risks may include, but are not limited to:
- Minor injuries, such as scratches, bruises, and sprains.
- Major injuries, such as joint or back injuries, eye injuries, heart attacks, or concussions.
- Catastrophic injuries, including paralysis or death.
- These risks may arise from the physical nature of activities, the use or malfunction of equipment, or environmental factors.
5.2 Observing Hazards
- If you observe any hazards or unsafe conditions during your participation, you agree to immediately notify a Fitcave Studio staff member or trainer.
5.3 Assumption of Responsibility
- You assume full responsibility for any injuries or damages sustained or aggravated as a result of your participation in training sessions or use of the facilities.
- You agree to adhere to all safety instructions provided by Fitcave Studio trainers and staff.
5.4 Waiver and Release of Liability
- You waive, release, and forever discharge Fitcave Studio, its owners, trainers, staff, and representatives from any and all responsibility, claims, rights, or causes of action resulting from injuries or damages to your person or property, arising from participation in training sessions or use of facilities.
- This waiver applies regardless of whether the injuries or damages were caused by negligence or other factors.
5.5 Medical Clearance and Conditions
- You represent that you have no medical or physical condition that would prevent you from safely participating in any training or physical activity.
- You acknowledge that individuals with chronic disabilities or medical conditions are at greater risk and are advised against participation unless cleared by a medical professional.
- If Fitcave Studio staff or trainers believe your participation may pose a risk to your safety, you may be denied access to training sessions or facilities until you provide a clearance letter from a qualified medical doctor. Any costs for obtaining such clearance are your sole responsibility.
5.6 Hearing Protection
- Fitcave Studio advises participants of potential risks associated with long-term exposure to loud music or amplified sounds during sessions. Noise protection, such as earplugs, is available upon request.
5.7 Right to Refuse Service
- Fitcave Studio reserves the right to refuse or terminate service at its discretion if your participation poses a risk to yourself, other clients, or staff, or if your behavior is deemed disruptive or unsafe.
5.8 Adherence to Waiver
- By registering for an account or booking a session, you agree to the terms of this Health and Safety Waiver & Release. For safety reasons, it is your responsibility to adhere to these provisions at all times.
6. Parental/Guardian Consent (for participants under 18)
If you are under 18 years of age, a parent or guardian must agree to this waiver on your behalf. By proceeding, the parent/guardian confirms their consent and acceptance of these terms.
7. Photography and Media Release
You consent to Fitcave Studio capturing photographs or videos during training sessions or events. These may be used for marketing, advertising, or promotional purposes unless you notify us that you do not wish to be included.
8. Emergency Contact Information
You are responsible for ensuring that your emergency contact information is up to date in your profile. Fitcave Studio may use this information to contact your designated person in case of an emergency.
9. Acknowledgment of Communicable Disease Risks
You acknowledge that participating in physical activities during a pandemic or other health emergencies, such as COVID-19, carries inherent risks. You agree to follow all safety protocols and guidelines set by Fitcave Studio.
10. Behavioral Expectations
To ensure a safe and respectful environment, you agree to abide by Fitcave Studio’s policies and respect the rights of other members and staff. Fitcave Studio reserves the right to revoke access to anyone engaging in unsafe or disruptive behavior.
11. Indemnification Clause
You agree to indemnify and hold harmless Fitcave Studio, its trainers, staff, and representatives against any claims, damages, or expenses arising out of your participation in activities, use of facilities, or breach of this agreement.
12. Amendments to Terms
Fitcave Studio reserves the right to amend these terms and conditions at any time.
Updated terms will be posted on the website. Continued use of services constitutes acceptance of the revised terms.