Terms and Conditions
Terms & Conditions
The following terms & conditions govern the rights and obligation of Vitruvio Gym and members thereof.
- Vitruvio Gym(s) in Malaysia (“The Gym”) operated by Vitruvio Fitness Sdn Bhd, a company incorporated in 2018 with a registered address at Suite 1712, 17thFloor Plaza Permata, Jalan Kampar Kuala Lumpur, 50400 Wilayah Kuala Lumpur (“The Company”) whose principal objective is to provide health and fitness facilities for Gym members and their guests. The Company has appointed a Management team (“Management”) who are responsible for the operation of the Gym.
- Group Training/Personal Training packages can be purchase online and in-Gym via online system.
- All Packages sold are non-refundable.
- Transfer of packages are subject to approval of the Management.
- All Group Training packages maybe shared among family and friends.
- All Group Training/Personal Training packages have a stipulated validity and expired classes/sessions are non-refundable.
- All Packages include Group Training Packages and Personal Training Packages.
- Class(es) are in relation to Group Training.
- Session(s) are in relation to Personal Training.
- Member(s) include any customer/client/patron/guest or any person who enters the Gym to attend any class/session or engage in any kind of physical activities using the equipment within the Gym.
- Children refers to any person under the age of 16.
B. Class Reservation & Cancellation Policy
- Reservation of class/session can be made online at least 24-hour in advance.
- In-Gym class/session reservation is available subject to availability of spot.
- Class/session reservation can only be made after the purchase of packages.
- Reserved class/session can be changed with a minimum of 12-hour notice.
- Cancellation of class/session within 12-hour notice will result in a forfeit session.
- You shall arrive at least 5 minutes before class/session begins, failing which class/session reserved will be forfeited and not refundable, and spots will be released 5 minutes before class/session begins.
7. If you are running late, call the Gym to let us know that you are on the way. The Gym will hold a reservation up until the class begins though we cannot guarantee you will be given the spot you signed up for. Members who arrive late will be denied entry to class.
8. Please inform the staff/instructor ahead of time if you need to leave the class early.
C. Physical Condition of Member
- Our staff, agents and subcontractors are not medically qualified, hence we strongly recommend that you seek medical professional for advice if you are in doubt over your fitness and abilities which may interfere with your physical safety.
- Members and their guests exercise and use the equipment/facilities at their own risk and are advised to consult their physician prior to commencing any type of physical exercise.
- If in doubt over any usage of equipment within the Gym, please consult with our staff for safety reason.
- You warrant and represent that you are in good physical condition and that you know of no medical or 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, safety, comfort or physical condition.
- You shall not use any Gym facilities whilst suffering from any infections, of contagious illness, disease or other ailment such as open cuts, abrasions, open sores or minor infection, where there is risk that such use may be detrimental to the health, safety, comfort or physical condition of other members.
- You must follow all rules and instructions, including warning notices when using our equipment and facilities. If you experience any illness during your exercise session, please notify us immediately.
- You must follow any reasonable instructions to allow you to exercise safely.
D. Expulsion of Members
The Management may expel any member:
- without notice and with immediate effect if the member’s conduct, whether or not such conduct is subject to complaint by another member or other members, in the reasonable opinion of the Management, is harmful to the character and/of interest of the Gym.
- without notice and with immediate effect if the member shall have committed any breach of these terms or of the Rules & Regulations of the Gym as are from time to time in force.
- upon notice in writing, if the Company is of the opinion that the member is not a suitable individual as a member of the Gym.
- without notice and with immediate effect if the member is found to have violated the privacy of any other member within the shower and changing rooms or are caught in lewd or compromising actions, which will be reported to the relevant enforcement authorities.
A member who is terminated by the Management shall forfeit all the privileges of membership with immediate effect without claim of any refund of his/her class/session packages fees. On termination of his/her membership the member shall return any evidence or property of membership provided to that member by the Gym.
E. Shareable Group Training Packages
- All Group Training Packages purchased by any member are shareable among his/her family members/friends/guests.
- Available credits remaining in Group Training Package may be used to reserve for multiple spots at any one time for family members/friends/guests, subject to availability of spots of classes selected.
- The Management reserves the right to exclude any guest from the Gym without giving any reason for doing so and change the charges levied on class passes from time to time.
- The Management reserves the right to exclude any guest from the Gym without giving any reason for doing so and change the charges levied or class passes from time to time.
F. Health and Safety
- All NEW members are required to undertake a 10 to 15 minutes of program induction with the instructor(s) before starting their group training.
- Members should be considerate of other members and wipe down equipment with hand towel or cleaning tools provided by the Gym.
- Instructors/trainers/staffs are authorised to stop any member from exercising if he/she is considered to be exercising in a manner that may result in personal injury or/and injury to others. All members must abide by the instructions of instructors/trainers/staffs.
- Smoking is STRICTLY not permitted in any part of the Gym.
- Members or guests may not use the facilities of the Gym while under the influence of alcohol, narcotics or other mood-altering substances.
G. Dress Code
All members and guests are required to wear proper gym attire when exercising. A top that covers the chest area is required, no torn clothes are permitted. While closed toe, non-marking, rubber soled shoes are encouraged in the Gym, members and guests may also engage in group training bare footed, provided that the members and guests who train barefooted warrant and represent that they understand and accept all risks associated with training barefooted, including but not limited to physical injury caused by equipment falling on their feet from improper use of equipment.
H. Gym Facilities
- The Management accepts no responsibility for loss or damage to members’ belonging kept in daily lockers for any reason whatsoever.
- The use of mobile phones with camera features and/or any other types of visual recorders in changing rooms are strictly prohibited. Members breaching this rule will be expelled immediately and handed over to the relevant enforcement authorities to be dealt with accordingly.
- The Management reserves the right to allow and/or refuse entrance to any person with intention to participate or enquire about offerings from the Gym and to offer such person complimentary trial use the Gym facilities.
- Any items that are provided to members for usage within the Gym is chargeable for any lost/damaged including but not limited to lost or damaged towel.
I. Provision of Personal Data
- The Company recognises the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
- You understand, acknowledge and consent to the Company processing, collecting and using your personal data for following purposes:
1.1. Processing, administering and managing your Vitruvio class packages and any matter relating to your membership thereto;
1.2. Processing any transactions or payments made by you and to maintain payment records;
1.3. Contacting you or communicating with you via telephone call, text message, fax message, email and/or postal mail for the purposes of processing, administering and managing your Vitruvio class packages and any matter relating to your membership thereto;
1.4. For publicity purposes and conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities in order to enhance the services and workout experience we provide to you, where you have consented for the Company to do so;
1.5. Record-keeping purposes;
1.6. Responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;
1.7. Complying with any applicable law, regulation, legal process or government request; and
1.8. Storing, hosting and/or backing up (whether for disaster recovery or otherwise) your personal data, whether within or outside Malaysia.
2. Your personal data may be used, disclosed, maintained, accessed, processed and/or transferred to the following third parties, whether sited in Malaysia or outside Malaysia, for one or more of the purposes below:
2.1. The Company’s head office, affiliates and subsidiaries;
2.2. Any of the Company’s agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to those third party service providers which have been engaged by the Company to:
2.2.1. to provide and maintain any IT equipment used to store and access your personal information;
2.2.2. to operate; or
2.2.3. otherwise provide membership services or benefits to you;
2.2.4. The Company’s auditors and legal advisors;
2.2.5. Financial institutions, credit card companies and payment processors; and
2.2.6. Public and governmental / regulatory authorities, courts and other alternative dispute forums.
3. For avoidance of doubt,
- Soliciting and selling private personal training or merchandises to any member are prohibited and shall result in immediate termination of the member concerned.
- Daily locker will be cleared daily. Unclaimed or lost properties will be kept by the Gym for a period of 1 month after which the Management reserves the right to dispose of the items in any way it sees fit. No claim shall be entertained after this period.
- While children will not be refused entry, they must be supervised at all times and kept away from the designated training floor. You must not leave your children under your watch unattended while you train.
- Pets are strictly not allowed in the Gym.
- Unless a member specifically opts out, the Management reserves the right to use any individual or group photographs of members and/or guests for press or promotional purposes.
- All members must abide by the rules of the Gym which may be amended, varied, deleted and added from time to time at Management’s discretion.
- Failure by the Management to enforce any of their respective rights at any time for any period shall not be construed as waiver of such rights.
- These rules shall be governed and construed in accordance with the laws of Malaysia and subject to the jurisdiction of Malaysia Court.
- The Company reserves the right to take legal action against any guests or members who photograph or copy any Gym interior designs, brand, logo, promotional materials, tag lines or theme with an intention of any commercial use.
- The Company also reserves the right to proceed with legal action against any member for distributing, sharing or supplying such contents to any third-party vendor or competitor.
- The Company further reserves the right to revise this policy, a copy of which will be published on the webpage of Vitruvio. You may email us to request for a copy.
K. Limitation of Liability
In consideration for the Management accepting his/her membership of the Gym and for him/her becoming and remaining a member of the Gym, the member agrees that:
- The Company accepts no responsibility for loss or damage of members’ or their guests’ properties or for death or injuries sustained while on the premises. Members and their guests agree that no claims will be made against the Company, the Management or staff for any reason whatsoever.
- The Company, its associated companies, contractors, employees or agents shall not be responsible for any claims, demands, injuries, damages or actions for negligence arising from death, 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 on the premises of Vitruvio. The member hereby holds the Company, its associated companies, contractors, 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.
- Any guest of a member or temporary visitor to the Gym shall agree to abide by the rules of the Gym and the same limitation of liabilities for a member shall apply.