Definitions

• “Agreement” means these Terms and Conditions. 

• “EPG” means Elevate Performance Gym LLP, UEN No. T22LL0067C, with their business office at 3 Neil Road, Singapore 088805. 

• “Class” means an exercise class conducted by EPG.

• “Class Package” means a package containing classes conducted by EPG under clause 5.

• “Coach” means any person who represents EPG as a coach and who conducts classes offered by EPG.

• “Member” means a person who holds a membership with EPG. 

• “Membership” refers to any of the Unlimited Membership Packages, Class Packages, or Personal Trainer Packages provided by EPG to Members. 

• “Staff” means any person who is a representative of EPG, inclusive of coaches.

• “Trial Class” refers to a class under Clause 3.

 

Fees & Terms

• Upon confirmation of membership or purchase of a class package, a service invoice will be sent to you by text messaging services (short message service or instant messaging) via the registered mobile number provided to EPG. 

• There will be no class on public holidays. In the event that EPG decides to hold a special class that falls on a public holiday, the members of EPG will be informed.

• All gym memberships are non-assignable and non-transferable.

• No fees will be incurred if a cancellation is made by the coach due to unforeseen circumstances. The coach may arrange for a replacement coach to cover the class as much as possible to avoid a cancellation from happening. In the event that no replacement coach can be found, EPG will inform you by SMS to the phone number provided.

• In the event of EPG’s closure due to government mandates and directives arising from but not limited to national emergencies, severe weather and health exigencies, make-up lessons may be arranged at a separate venue outdoors.

• People under the age of 18 are required to provide a certificate from a parent or a legal guardian confirming approval to train at EPG.

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Trial Class Package

• This clause 3 shall only apply to persons attending trial classes.

• A one-off trial class package of 2 trial classes is open to new customers keen to try out EPG’s programmes. A $50 fee will be incurred for this trial class package, and the 2 trial classes must be completed within 2 weeks of the first trial class.

• Unlimited Membership Package

• The minimum membership period under the Unlimited Membership Package is 6 months.

• The first payment for the Unlimited Membership Package will be due on the day of purchase. Subsequent payments will be on the same day each month on a monthly basis.

• If you do not make any payment when it is due, your Unlimited Membership may be suspended. You may be refused access to EPG’s premises, denied participation in EPG activities and events, or denied any discounts, perks, and benefits from membership with EPG until all outstanding amounts owed to EPG have been paid.

• Your membership may also be terminated if any fees remain unpaid for more than 1 week. You will still be liable for all unpaid amounts.

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Class Packages

• You are to complete all classes in the package within the following stipulated timeframe:

  • 10 Class Package must be completed within 6 weeks of the first class.

  • 20 Class Package must be completed within 12 weeks of the first class.

  • 50 Class Packages must be completed within 24 weeks of the first class.

• Upon purchase of an additional class package the expiry date will be extended accordingly. You may refer to the following example:

• “Person A purchases a 10 Class Package in week 1 and attends his first class in that week. The expiry date of this 10 Class Package is in week 6. Person A then purchases another 10 Class Package in week 3. The expiry date of both Class Packages will be in week 12, regardless of when Person A attends the classes.”

• Any classes not completed within the timeframe will be automatically forfeited except where clauses 5.7 applies. This will be assessed on a case-by-case basis. You are to inform EPG at the earliest possible opportunity of your inability to complete your class package within the stipulated timeframe.

• Cancellations by members will not incur any charges if it is done 6 hours before the class is scheduled to begin.

• In the event that you cancel your class less than 6 hours before the class is scheduled to begin, you will incur a $10 cancellation fee.

• If you do not turn up for your class without a valid reason such as those set out in this clause 5, the class booking will be deducted from the class package purchased, as if it has been attended.

• Cancellations on medical grounds such as sickness, physical injuries, or COVID-19 related restriction orders issued by the Ministry of Health will also not incur any charges.

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Personal Trainer Packages

• You are to complete all classes in your Personal Trainer Package within the timeframe stipulated by the terms of your individual Personal Trainer Package.

• Cancellations by members will not incur any charges if it is done 6 hours before the class is scheduled to begin. A $10 charge will be imposed if you cancel a class within 6 hours of the class scheduled start time. Cancelled classes will have to be rescheduled by you.

• If you do not turn up for your personal training session without a valid cancellation, the class booking will be deducted from the class package purchased, as if it has been attended.

• Cancellations on medical grounds such as sickness, physical injuries, or COVID-19 related restriction orders issued by the Ministry of Health will also not incur any charges but will have to be rescheduled by you.

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Health & Safety

• As a Member of the gym and each time you participate in a class, use the equipment, premises, and services provided or conducted by EPG, you must ensure the following: 

  • you are in good physical condition and know of no reason, medical or otherwise, why you should not use the equipment, premises, services, or participate in a class provided or conducted by EPG; and

  • you do not have any physical, medical, or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury, or death to you as a result of: 

  • active or passive exercise; or 

  • participating in a class,

  • unless you have sought the appropriate medical guidance from a medical professional and have obtained the approval and endorsement of said medical professional to carry out strenuous physical activities.

• EPG reserves the right to withdraw you from classes should EPG’s Staff deem the Member unsuitable to participate due to health or safety reasons.

  • You are to inform EPG of your health status before the start of a class. 

  • You must not participate in a Class if: 

  • you have an infection, contagious illness, or physical ailment, such as an open cut, sore, sprains, muscular-skeletal injuries, broken bones; or 

  • there is any other risk, however small, to other people present on EPG’s premises. 

• You acknowledge and agree that participating in high intensity interval training (HIIT), metabolic conditioning, weight-lifting, boot camps and other forms of exercises or classes conducted by EPG are strenuous physical activities and may not be suitable for all persons. Improper usage of any item of equipment or a failure to follow instructions from an instructor may result in injury or death. 

• You must comply with all equipment operating and safety instructions, or any other direction given to you by any Staff at EPG.

• You acknowledge and agree that the equipment on EPG’s premises has been purchased or leased from third parties and that EPG does not manufacture any of the equipment. EPGwill not be held liable in respect of any defective or faulty equipment.

• You agree to give us all relevant personal, health and fitness information both before and during the course of any exercise programme or other activity. In some cases, responses you give will require that you obtain medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death. 

• You warrant that the information provided to EPG is true and accurate and not misleading in any way. 

• EPG may suspend or terminate your Membership if we have reason to suspect that you have not complied with any part of this clause.

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Member’s Responsibilities

• If you behave in a risky or seriously inappropriate way, threaten or harass any person on EPG’s premises, damage equipment on EPG’s premises, distribute or use illicit substances, or train with other members without authorisation, EPG will take appropriate action against you.

• To ensure that EPG is able to provide a high level of service in a safe, healthy, and pleasant environment, Members acknowledge and agree to abide with the following conditions:

  • Members must not engage in conduct that is abusive, improper, harmful, threatening, endangers others or is otherwise not in the best interests of Staff or other Members;

  • Members must not engage in voyeurism, molestation, or sexual harassment against any person;

  • Members must not access EPG’s premises under the influence of alcohol, any illicit substances, or any other medications that warn against strenuous or excessive exercise under their influence;

  • Members must at all times comply with any EPG Rules and Regulations;

  • Members must ensure that they are appropriately dressed at all times, including clean and covered footwear;

  • Members must not engage in any illegal activities on EPG’s premises;

  • Members must not engage in conduct to solicit business from Members or otherwise operate in competition with EPG within EPG’s premises;

  • Members must not engage in any commercial or business activities on EPG’s premises such as offering training services or selling goods unless granted explicit written permission by EPG which is revocable at any time and without warning; and

  • Members are not permitted to smoke on EPG’s premises.

• If you are found to have contravened any the Member’s Responsibilities set out in this clause 8.2, EPG may take appropriate action against you which may include, but is not limited to:

  • Immediate suspension of your membership;

  • Immediate termination of your membership;

• Being banned from entering EPG’s premises, joining EPG, or participating in any other events and activities conducted by EPG;

• Having the matter referred to the relevant authorities.

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Personal Data Protection

• Your privacy is important to us. EPG adheres to the Privacy Policy in line with the Personal Data Protection Act (PDPA). You consent to EPG collecting and using your personal data for the sole purpose of providing information relating to your enrolment and other activities of EPG, subject to Clause 10. You may contact us if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request via email to: hello@elevateperformancegym.com   

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Media Consent

• Video footage and photos of classes may be recorded and used for progress tracking, media, promotional, and/or training purposes.

• You consent to Clause 10.1 unless you inform your coach at your first class. Upon receiving your non-consent, EPG will take the necessary precautions to exclude you from all media produced by EPG.

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Cancellation of Membership

• No refunds will be granted for cancellation of memberships, except at the sole discretion of EPG.

• You may request for a refund and this will be assessed on a case-by-case basis. You are to inform EPG at the earliest possible opportunity of your desire to cancel your membership.

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Suspension of Membership

• EPG reserves the right to suspend your membership if you are found to be in contravention of any of these Terms and Conditions.

• No refunds or extensions will be granted for suspended memberships, except at the sole discretion of EPG.

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Termination of Membership

• EPG reserves the right to terminate your membership if you are found to be in contravention of any of these Terms and Conditions.

• No refunds will be granted for terminated memberships, except at the sole discretion of EPG.

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EPG’s Liability

• If you agree to the Terms and Conditions set out in this Agreement, you agree, to the extent allowed by any law, regulation, or ordinance that cannot be excluded by law, to exclude or modify our liability to you for death, injury, damage or loss from your training or use of EPG’s premises or equipment, whether or not it results from EPG’s negligence.

• Nothing in this Agreement excludes, restricts, or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted, or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions warranties, guarantees, rights, or remedies that can be lawfully excluded are excluded. In particular, EPG is not liable for death, injury, damage or loss caused by EPG’s negligence or breach of implied terms that services will be provided with reasonable care and skill at common law.

• EPG will not be responsible if Members cannot use EPG’s premises due to an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control.

 

General Legal Matters

• EPG reserves the right to revise and amend these Terms and Conditions from time to time. All amendments will be effective upon posting of such updated Terms and Conditions. Your continued access to or use of the website after such posting shall be taken to constitute your consent to be bound by the updated Terms and Conditions.

• Failure by EPG to enforce or delay in enforcing any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed by EPG in writing.

• If a Court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and will not invalidate the rest of this Agreement.

• You agree that EPG has not made any representations, warranties or promises that you have relied on that are not in this Agreement

• This Agreement shall be governed and interpreted in accordance with the laws of the Republic of Singapore.