These Terms of Use (“Terms”) are a contract between you and PEAK PHYSIQUE HEALTH & FITNESS Sdn. Bhd (“Peak Fitness” or “we”) and govern your access to and use of any Peak Fitness website, content (the “Site”) or any fitness, recreational, wellness, or other classes, experiences, activities, events, services, recordings, and/or products made available through Peak Fitness (collectively, “Classes”). Please read these Terms carefully before accessing and/or using the Site and/or Classes.

 

1. Terms of Use

a) Acceptance of Terms. By accessing and/or using the Site and/or Classes, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Classes.

b) Amendment of Terms. Peak Fitness may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Classes after such posting constitutes your consent to be bound by the Terms, as amended.

c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. The Peak Fitness Privacy Policy is hereby incorporated by reference.

 

2. Membership Terms

a) 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 these agreements to any person, firm or company at any time without notice to the member.

b) All new memberships and membership transfers are subject to the approval of the Management. The Management reserves the right to reject an application for membership to the club for any reason whatsoever.

 

3. Platform

a) Peak Fitness Platform. The platform enables consumers to access and attend a wide range of fitness, recreational and wellness Classes offered and operated by Peak Fitness.

b) Membership Options. There are several membership options that allow consumers to participate in Classes through Peak Fitness, such as various subscription plans, promotional plans and non-subscription purchases. These options consist of different classes, services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. From time to time we may permit non-subscribers to access certain Classes, content or features for a cost or at no cost. Peak Fitness makes no commitment on the quantity, availability, type or frequency at which such Classes, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion. Memberships are available to individuals at a minimum age of 14 years old. Any application below 18 and above 14 must produce a letter of consent signed by a parent/guardian.

c) Subscription Plans. To enjoy full access to the group or Classes, you need to sign up for any of the plans available via Peak Fitness website. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a “Subscription Cycle”). Your Peak Fitness online classes subscription automatically renews each month, and you will need to submit payment to your Payment Method each month via official payment gateway in Peak Fitness website or we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your Peak Fitness online classes subscription on April 5, your subscription will automatically renew on May 5 (as further explained in “Subscription Cycles”, below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to time. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until canceled or terminated.

d) Class Availability and Allocation. Peak Fitness does not guarantee the availability of particular Classes and content availability may change over time and at any time (including during the course of any given Subscription Cycle). The type, quantity, allocation and availability of classes, and other inventory offered, are determined by Peak Fitness in its sole discretion. Peak Fitness takes certain steps to release, promote and otherwise make available spots and inventory at varying times and in an ongoing and evolving way.

e) Non-Subscription Purchases. Peak Fitness may permit you to purchase certain products or Classes through the Site, in addition to your subscription or without having a subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.

f) Peak Fitness Members Exclusive Group. Your account is personal to you and you agree not to create more than one account to access the Classes. You must not use or exploit the Site and/or Classes for commercial purposes. We continually update and test various aspects of the Peak Fitness platform. We reserve the right to, and by using the Site and/or Classes you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Peak Fitness may take actions we deem reasonably necessary to prevent fraud and abuse. You agree that the information you provide to Peak Fitness at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up to date at all times. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Classes.

g) Eligibility. The availability of all or part of our Site and/or Classes may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Peak Fitness or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use the Site and/or Classes and/or purchase a Peak Fitness online classes subscription. You further understand that the Site and/or Classes may not be available in every geography.

h) Communications. By providing your information or creating an account, you agree that Peak Fitness may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Peak Fitness account, including for marketing purposes.

 

4. Membership Fees

a) All subscription plans are payable on the 1st of every month through credit card/bank direct debit arrangements as indicated in 3(c), through our official payment method and platform. Rm15 late payment fee will be imposed thereafter per outstanding month. Furthermore, for credit card payers we reserve the right to adjust your monthly subscription fees to the prevailing Direct Debit/Cash rate at any time.

b) Failure to use or non-usage of the Classes or unable to attend Classes does not eliminate the obligation to pay all subscriptions in a timely manner.

c) The credit card/bank direct debit authorization amount must be sufficient to cover at least three months subscription outstanding plus late payment fees. On occasions, bank delays may cause your credit card to be inactive for several months. In this case, you shall be contacted at the beginning of every month to make payments directly at the club. Please always update your contact information with Peak Fitness.

d) The Management reserves the right to cancel or remove any membership for which fees are unpaid for two months. Legal action will be taken to recover outstanding dues from the member.

e) Membership Fee Increase – The Management reserves the right at any time, to increase the fees to be charged, and will use reasonable endeavors to give written notice to the most current address you have supplied at least 30 days to this occurring. You will be taken to have received notices sent to your latest address given to us on the second business day after we post them. If membership fees are increased and reasonable endeavors have been made to provide prior notice, you hereby authorized the Company to increase any direct debits to your credit/debit card or bank account that you have provided upon joining (or on a separate Action Form – whichever the most current) accordingly.

 

5. Termination on or After the Minimum Term

i. You can terminate your membership on or after the minimum term if you give us one full calendar month’s advance notice in writing (calendar month begins from the 1st day of the month)

ii. It is mandatory on your part to inform us five (5) business days before your billing date.

 

6. Expulsion of Member

The management may terminate the membership of any member

a) Without notice and with immediate effect if a member’s conduct, whether or not such conduct is the subject of complaint by another member or members, is such that in the reasonable opinion of the Management, it is harmful to the character and/or interest of the club. b) Without notice and with immediate effect if the member should have committed any breach of these rules. c) Upon notice in writing, if the Company is of the opinion that the member is not a suitable individual for continued membership. d) If a member is found to have violated the privacy of any other member within the platforms or are caught in lewd or compromising actions. A member whose membership is terminated by the Management shall forfeit all the privileges of membership with immediate effect without claim of any refund of his/her initial Monthly Membership dues and shall settle any outstanding debts.

 

7. Limitation of liability

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

a) Peak Fitness accepts no responsibility for loss or damage of their members and guests’ properties or for death or injuries sustained while on the premises or during the Classes. Members and their guests agree that no claims will be made against the Company, Peak Fitness, the Management or staff for any reason whatsoever.

b) Peak Fitness and its associated companies, employees or agents shall not be responsible for any claims, demands, injuries, damages or actions for negligence arising on account of death or due to injury, loss, damage or theft to a member’s person or property arising out of or in connection with the use by a member of any of the services, facilities of the premises of Peak Fitness. The member hereby holds the Company, Peak Fitness and its associated companies, employees and agents harmless from all claims which may be brought against them by or on a member’s behalf for any such injuries or claims aforesaid.

 

8. Disclaimer

If you choose to exercise to the videos or online classes, you do so at your own risk and acknowledge that the exercises carry an inherent risk of physical injury – particularly if you have a history of health problems or any previous injuries. To the extent permitted by law, Peak Fitness and its affiliates disclaim any and all liability in the connection with the exercises in the videos, online classes and any instructions and advice provided.

2020 PEAK PHYSIQUE HEALTH AND FITNESS SDN BHD. ALL RIGHT RESERVED.