MEMBERSHIP AGREEMENT – Boulder Movement®
MEMBER ASSUMPTION OF RISK AND RELEASE
I hereby understand and acknowledge the risk of injury arising from and/or in connection with the BOULDERING GYM activities, including but not limited to the use of the BOULDERING GYM equipment.
I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Boulder Movement®, the designated Billing Company, their associated companies, employees, agents and servants, as well as all sponsors and advertisers, and all owners and lessors of the premises of such Bouldering Gyms, and their respective officers, affiliates and/or agents and/or employees WITH RESPECT TO ANY AND ALL INJURITY, DISABILITY, DEATH, LOSS OR DAMAGE to person and/or property that may arise out of or in connection with my use of any of the equipment or the facilities of the BOULDERING GYM of any other subsequent Boulder Movement® gyms, or any incident that occurs while using such facilities, or otherwise related to my membership.
I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid, the balance shall remain in full force and effect.
This release shall apply to my heirs, assigns, personal representatives and any other next of kin.
I understand that the BOULDERING GYM is relying on this release in agreeing to enter into this Agreement.
I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
ADDITIONAL TERMS AND CONDITIONS – I hereby confirm that I am aware of and agree to the terms and conditions on both the front and attached pages of this document headed ‘Terms & Conditions’ .
I/We hereby authorize the Designated Billing Company selected by this BOULDERING GYM to draw items (checks, electronic fund transfers, charge card) for the purpose of paying the membership dues, including any late fees or service fees, as well as other purchases, on the account indicated below.
IF YOU ARE UNDER 18 THE CONSENT OF PARENT/GUARDIAN IS REQUIRED UPON JOINING.
TERMS AND CONDITIONS
1. TERMS AND CONDITIONS
1.1 The following terms and conditions govern the rights and obligations of Boulder Movement Gyms (“Bouldering Gym”) and members thereof. It is important that you have read and understood all the terms and conditions stated herein before signing this Agreement. Each member who signs below will be individually and severally bound by the Agreement.
2.0 “Membership” would refer to the following services provided by Boulder Movement: “BM Citizen Flexi-Plan”, “BM Citizen 3 months”, “BM Citizen 6 months” and “BM Citizen 12 months”.
2.1 If you are under the age of eighteen (18) years, you confirm that you have the express permission of your parent/guardian to join the Bouldering Gym and use the facilities and services available at the Bouldering Gym during staffed hours and under supervision of the Bouldering Gym’s staff. All references to “you” or “your” in this Agreement will denote you and/or your parent/guardian on behalf of you.
2.2 Membership is subject to this Agreement and the Rules of the Bouldering Gym as are from time to time be in force and which may be amended by the Bouldering Gym at any time by giving you 14 days’ notice of the same. A copy of the amended Agreement and/or Rules of the Bouldering Gym will be posted at the Bouldering Gym, emailed to you and/or sent to your contact address you have provided to inform you of the amended Agreement and/or Rules of the Bouldering Gym. Upon sending you such notice, you will be deemed to have notice of, read, understand and be bound by the amended Agreement and/or Rules of the Bouldering Gym. Further, you agree to abide by all membership rules, policies and regulations of this Bouldering Gym and other Boulder Movement® facility that you visit, as may be prescribed from time to time.
2.3 Membership is personal to the member and is non-assignable, non-transferable and
non-refundable. A member may not loan his/her membership to permit it to be used by any third party. The Bouldering Gym may assign the benefit of these agreements to any person, firm or company at any time without notice to you.
2.4 You acknowledge and agree to the following:-
(a) You are not entitled to cancel your membership during the Minimum Term except in the circumstances set out in Clause 3 below.
(b) Unless cancelled in accordance with Clause 3 of this Agreement, you shall be responsible and liable for all payments due and owing under this Agreement throughout the term of this Agreement.
(c) The membership fees are non-refundable, unless otherwise stipulated in this Agreement.
(d) The monthly or weekly direct debit/credit card auto pay are payable during the Minimum Term Expiry Date regardless of whether you use the facilities of the Bouldering Gym. Provided that you are not in default of this Agreement and subject to the terms and conditions herein, your membership will automatically renew at the rate indicated in this Agreement unless the rate is revised in accordance with the terms of this Agreement. Under such circumstances, the monthly direct debit/credit card auto pay will continue to be payable after the Minimum Term Expiry Date regardless of whether you use the facilities of the Bouldering Gym unless your membership is terminated in accordance with Clause 3 of this Agreement.
(e) The monthly/weekly payments will be debited from the bank account/credit card authorized by you until you or the Bouldering Gym cancels the arrangement by notifying your bank or credit provider. You agree to sign all documents necessary to ensure that the monthly payments can be made by direct debit/credit card auto pay.
(f) It is your full responsibility to ensure sufficient funds are in the nominated account or your credit card is valid with a sufficient credit limit when the monthly payments are due and if a debit/charge is
unsuccessful you will be responsible for any and all administration fees and/or collection fees that may be imposed. The Bouldering Gym reserves the sole and absolute discretion to debit/charge up to a maximum of three standard monthly dues without notice to you in the event the prior debits/charges are unsuccessfully processed.
(g) If the authorized bank account/credit card is cancelled/closed or a payment amount is disputed, an administrative charge of S$12.50 may apply and any other overdue monthly payment(s) shall immediately become due and payable by you.
(h) Purchases bought through the use of your account number will be charged along with any prevailing and applicable consumption taxes, to the next monthly draft in addition to your membership dues.
(i) You agree to pay a sum of S$20.00 as late fees in the event that your monthly payment is received past the due date and/or any fee associated with returned payments or non-payment of dues.
(j) Notwithstanding anything in this Agreement, prices stated in this Agreement may (in the sole discretion of the Bouldering Gym) be exclusive of GST and/or any other taxes and/or dues that may be chargeable under the prevailing and applicable laws. The Bouldering Gym may (at its sole discretion) charge GST and/or such other taxes and/or dues on the prices stated in this Agreement where applicable.
2.5 The Bouldering Gym reviews the membership fees periodically and changes them from time to time. In the event there is any proposed change in the membership fees, at least fourteen (14) days’ prior notice will be given to you at the contact address you have provided to us. If you do not wish to accept an increase in your membership fees, you may terminate your membership in accordance with Clause 3 of the Agreement herein. If you do not terminate your membership, you will be required to pay the revised membership fees from the date the change becomes effective and your credit card or other payment(s) will be amended accordingly. For the avoidance of doubt, the Bouldering Gym will only apply the new membership fees on you after the Minimum Term Expiry Date.
3. CANCELLATION AND/OR TERMINATION OF THE MEMBERSHIP
3.1 Medical Cancellation: Subject to Clause 3.4, you may cancel and/or terminate this Agreement for medical reasons prior to the expiry of the Minimum Term Expiry Date. If you wish to cancel and/or terminate the membership due to medical reasons, your doctor must provide the relevant
certification(s) indicating that your use of the Bouldering Gym facilities and/or services would impair your health.
3.2 Relocation Cancellation: Subject to Clause 3.4, you may cancel and/or terminate this Agreement before the Minimum Term Expiry Date by giving us thirty (30) days written notice in the event that you permanently move your residence away from Singapore. If you wish to cancel and/or terminate the membership due to relocation, we will require proof of your new permanent residence. Notwithstanding the foregoing, if you relocate near an affiliate Bouldering Gym (within thirty (30) kilometres) with whom we have an agreement with, your membership privileges may, subject to the Bouldering Gym’s discretion, be transferred to that affiliate Bouldering Gym without any transfer charges but you may be required to pay higher membership dues at the affiliate Bouldering Gym. This Agreement shall remain in effect regardless of any transfer of membership from one Bouldering Gym to the other.
3.3 In the event of death or disability, the liability for membership fees will terminate as at the date of death or disability. If the Bouldering Gym’s facilities become temporarily unavailable due to an event such as a fire, flood, loss of lease, or the like, we will extend your membership privileges for the period the facilities were unavailable.
3.4 Cancellation prior to the expiry of the Minimum Term Expiry Date: You may cancel and/or terminate your membership due to medical or relocation reasons prior to the expiry of the Minimum Term Expiry Date subject to a cancellation fee of S$100.00.
3.5 Cancellation after the Minimum Term Expiry Date: You can cancel your membership after the Minimum Term by delivering to the Bouldering Gym by giving us thirty (30) days prior written notice. Cancellation will commence on your next direct debit date after the 30-day notice.
3.6 The Bouldering Gym retains the sole and absolute right to cancel and/or suspend the membership of any person for any reason. If such cancellation and/or suspension is made due to a breach of any of the terms of this Agreement, including the Membership Policies and Safety Notices, or due to damagecaused by you, the balance of your financial obligations under this Agreement shall become immediately due and payable, including the S$100.00 cancellation fee. In the case where the facility or its contents are damaged, you will also be responsible for the repair or replacement thereof.
4. PHYSICAL CONDITION OF MEMBER
4.1 You hereby warrant and represent that you are in good physical and/or mental condition and that you know of no medical or any other reason why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health and/or safety and/or comfort and/or physical condition.
4.2 Further, you also acknowledge that there are inherent risks with the usage of the facilities or equipment within the Bouldering Gym is and you hereby agree to carry out exercises responsibly and with due care and attention to your own medical, health and mental condition at all times. You understand and acknowledge all risks of injury arising from and/or in connection with the Bouldering Gym activities and/or the use of any Bouldering Gym equipment.
5.1 The Bouldering Gym reserves the right to disclose the personal data that we collect from you (including your name, address, date of birth, personal identification number (first four digits) and other relevant data about you) for the primary purpose of registering your membership with us and facilitating the provision of the Bouldering Gym’s services to you. This may include but are not limited to the following instances:-
(a) We may disclose your personal data to our professional advisers, debt collection service providers, third parties providing benefits to Boulder Movement® members, third parties to whom we may outsource our administrative or operative functions, including their agents and/or assigns, and/or financiers and/or government authorities and/or relevant organisations as required or authorised by law.
(b) Your personal data will be stored on a network database and may be used for internal administrative purposes, such as to facilitate your entrance to Bouldering Gyms worldwide, as well as for debt collection purposes or to enable us to comply, where reasonably necessary, with any court orders, law, rules or regulations binding on us, or where you have provided your consent, to communicate promotional offers and membership benefits, newsletters and special events to you.
5.2 You may request access to and/or correction of your personal information by contacting the Bouldering Gym Manager during normal business hours at the contact number or email address set out above. Please note that if you do not consent to such collection, use or disclosure of your personal data, we may not be able to provide you with certain services.
6. LIMITATION OF LIABILITY
6.1 You agree that the Bouldering Gym and any other Boulder Movement® facility that you visit will not be liable to you, to the extent permitted by law, for any injury, disability, death, or loss or damage to person or property that you may have suffered, except those arising from their negligence or breach of this Agreement.
6.2 You agree to hold Boulder Movement® Bouldering Gym, its associated companies, employees, agents and servants harmless from any and all claims which may be brought against them by or on your behalf for any injuries or claims aforesaid.
6.3 Any of your guest or temporary visitor to the Boulder Movement ® Bouldering Gyms agrees to abide with the Bouldering Gym rules and has the same limitation of liability as a member.
6.4 In the event the Bouldering Gym and any Boulder Movement ® facility (including its employees, officers, servants and agents) is found by law to be liable to you, you agree that the total damages payable to you (if any) shall not exceed the total membership fees payable by you during the initial Minimum Term (regardless of any extension of the membership and/or Minimum Term thereafter).
7. DISPUTE RESOLUTION
7.1 In the event of any dispute arising out of and/or in connection with this Agreement, including any question regarding its existence, termination or validity, or breach thereof (“Dispute”), you agree to enter into mediation for a minimum of seven (7) days prior to initiating any legal action against the Bouldering Gym.
7.2 Mediation shall take place between you and a relevant representative of the Bouldering Gym to be appointed at the Bouldering Gym’s sole and absolute discretion. During this period of seven (7) days, you agree not to disclose any information relating to the said Dispute or the mediation thereof to the public domain without the written consent of the Bouldering Gym. In the event parties fail to reach an amicable settlement after thirty (30) days after the commencement of mediation, such Dispute shall be governed by, and construed in accordance with the laws of Singapore and you and the Bouldering Gym agree to submit to the exclusive jurisdiction of the Singapore Courts.
7.3 Further, you agree that the Bouldering Gym shall be entitled to recover all costs and expenses resulting from the engagement of attorneys, where applicable.
8. ENTIRE AGREEMENT
8.1 This Agreement constitutes the entire agreement between the parties. All conditions, warranties or other terms not expressly contained in this Agreement (actual or implied), or not imposed or required to be binding by applicable statute in respect of the services or goods supplied by us, our employees, servants or agents, are hereby excluded. The parties acknowledge that they have not relied on any oral or written representations or other promises or assurances not contained in this Agreement. The parties waive all rights and remedies which might otherwise be available to them in respect thereof, except that nothing in this Agreement will limit or exclude any liability for fraud or fraudulent misrepresentation.
- You must present upon entering the Bouldering Gym your membership card. Your membership card admits you only. You agree that you may be denied access to the Bouldering Gym without your membership card.
- You must not bring in guests at any time, including non-staffed hours, without the prior written
consent of the Bouldering Gym’s staff. If this policy is violated, you may be charged a guest fee and/or have your membership suspended or cancelled subject to a cancellation fee.
- You must not allow anyone else to use your membership card and must alert the Bouldering Gym immediately if it is lost or stolen. If this policy is violated, you may be charged a guest fee and/or have your membership suspended or cancelled subject to a cancellation fee.
- You shall abide by all membership regulations of the Bouldering Gym, including any stated and customary rules for participation and use of equipment.
- You shall not engage in any type of commercial or business activity while using the facilities. You
shall not act as a trainer for any other members or guests and any acts which constitute such business activities are strictly forbidden. If you engage in such commercial or business activities, your membership shall be subject to immediate cancellation and the balance of this Agreement declared due and payable in full immediately.
- You shall abide by the Bouldering Gym dress code at all times while in the facility. Do not wear blue jeans or any pants/shorts that have blue jean type seams or rivets.
- Photography and/or videography for commercial purposes are not allowed anywhere in the Bouldering Gym.
- You shall not use loud or profane language within the Bouldering Gym nor shall you molest, badger, assault or harass other Bouldering Gym members, guests or employees. Doing so will subject your membership to immediate cancellation, and the balance of this Agreement being declared due and payable in full immediately.
- Personal training services provided in the Bouldering Gym may be provided either by employees or by independent contractors operating their own business. All payments for personal training services are to be made to the Bouldering Gym, who will pay the trainers as the services are provided.
- The Bouldering Gym prohibits the use of any drugs or steroids and you agree not to use any drugs or steroids on the Bouldering Gym premises. You acknowledge and are aware that steroids can cause numerous physical, mental and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility and many other adverse health problems. You recognize and acknowledge that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon Bouldering Gym premises.
- Smoking is strictly forbidden on the Bouldering Gym premises.
- If you fail to use the Bouldering Gym facilities, that shall not release you from the obligation to make all payments required by the terms of this Agreement.
- The Bouldering Gym retain the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at the Bouldering Gym from time to time and all members shall be subject to strict compliance therewith. The most current copy of the Membership Guide can be found at the Bouldering Gym or at the Bouldering Gym’s website.
- The Bouldering Gym is under recorded video surveillance, which may be retained by the Bouldering Gym for subsequent review, and your membership card usage is logged. The surveillance system does not protect you from harm in or on the building premises. You must use caution when entering or leaving the building. A courtesy telephone is available if you feel threatened or witness suspicious activity.
- Do not leave any belongings unattended. Do not store any valuables in the open shelves.
- You have access to a free orientation to the facility and the proper use of its equipment. It is your responsibility to request this orientation.
- It is your responsibility to wipe down the equipment and un-rack the weights you use.
- You must use the safety features of the equipment. If you are unsure of how to use a machine, you should obtain instructions from the staff or personal trainers.
- You must follow the directions of the staff regarding safety and security issues.
- Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behaviour will not be tolerated and may result in the suspension or cancellation of your membership, and a cancellation fee of up to SG$100 being immediately payable.
- Age Requirements – If you are aged under 18, you must only use the facilities and services available at the Bouldering Gym during staffed hours and under supervision of the Bouldering Gym’s staff. If you violate this policy, you may be asked to leave the Bouldering Gym’s premises or have your membership suspended or cancelled subject to a cancellation fee.