Terms & Conditions
At Align Fitness Malaysia Sdn Bhd (Company No. 202001043540 (1399861-H)), its subsidiaries and affiliates including Align+, Team Align (collectively known as “Align”), we have adopted policies, procedures, rules and regulations, terms and conditions (“policies”) designed to provide for the safe, enjoyable and healthy use of our premises and events for our members and trial member, guest, purchaser or user (collectively known as “guest”). These policies apply to your conduct in Align’s premises, which include its centres and all outdoor areas, including its parking lots, sidewalks (collectively known as “premises”). They also apply to your conduct during its programmes, training, workshops, events or other activities off the premises involving Align (collectively known as “events”).
The following terms & conditions govern the rights and obligation of Align and members thereof:
PERSONAL TRAINING & MEMBERSHIP
PERSONAL TRAINING SERVICES
- Member must complete all details for the Personal Training Services Agreement, sign it and retain a copy of it for his or her records.
- Member’s personal training is an arrangement between him or her and the operator of the Home Club as specified in the Personal Training Agreement. Once he or she has signed a copy of the Personal Training Services Agreement, member has agreed to be bound by a binding contract.
- Fitness Instructor/Trainer is not a medical professional and is without expertise to diagnose medical conditions or impairments. The member agrees to promptly and fully disclose to Fitness Instructor/Trainer any injury, condition or impairment which may have a deleterious effect on or be impacted by this training program and the Fitness Instructor’s/Trainer’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the member, the Fitness Instructor/Trainer or others shall be conclusive.
- The fee for the program is payable in advance of Sessions in one lump sum (at least) 3 days prior to the scheduled session appointment. Payments should be made at Align Fitness Outlets or via the Align+ App (as defined below). The member will not be allowed to pay the Fitness Instructor/Trainer directly for a session.
- Fitness Profile Package – As marked in Personal Training Package Section, all sessions has an ‘End Date’ or ‘Expiration Date’. If in any case the purchased Personal Training Package will not be finished before the “Expiration Date”, all the remaining sessions will be forfeited.
- Personal Training Promotional Packages are non-refundable, non-transferable, non-extendable and non-exchangeable.
- Personal Training Promotional Packages must be completed within the stipulated expiry period and are non-extendable unless there are extenuating circumstances and subject to Align Management approval.
- The time of sessions is to be agreed upon between the trainer and the member. You must arrive on time for the scheduled appointment. If you arrive late by any chance, do understand that your session will end at the originally scheduled time.
- The member must give twenty-four (24) hour cancellation notice. It is required for rescheduling or cancelling any and all individual Sessions. Failure to do so will result in forfeiture of the sessions and no sessions or payment reimbursement will be granted.
- Any tardiness of more than 15 minutes or absence without proper notification will result in forfeiting the session and no sessions or payment reimbursement will be granted. All personal training sessions will start and end no more than allocated time, as per purchased package (1 hour per session).
- Shall his or her Coach cancel the session within the 24 hour notice period, he or she will be ensured of a substitute Coach for the scheduled session. If the member is not satisfied with services of the current Fitness Instructor/Trainer (provided solid reasons), we will be glad to offer him or her a different Fitness Instructor/Trainer.
- Refunds – All personal training package fees are non-refundable, even if the member cannot or does no participate in all of the training session in the program. There shall be no refund of any monies paid by Align in any event whatsoever.
- The member is responsible to verify every session with the Fitness Instructor/Trainer by signing a Client Attendance Sheet.
- Align reserves the right to assign a different Fitness Instructor/Trainer to the member at any time without prior notice.
- Align reserves the rights to sell personal training package at different rates and terms, without prior notice.
- Fitness Instructor/Trainer expressly notes that results will differ for each individual member based upon various factors including without limitation; body type, nutrition, etc.
- Proper nutrition and adequate rest are essential to this training program and the member must not be under the influence of drugs or alcohol at any time during the training session.
- During each session the member is required to wear appropriate athletic footwear and loose, comfortable clothing to facilitate ease of movement. The member is not permitted to bring other individuals with him or her to the sessions unless the purchased session allows him or her to do so.
- Fitness Instructor/Trainer is not responsible for the safety of facilities or equipment whether provided by member, Fitness Instructor/Trainer, or others.
- No implied warranties or representations are made other than those expressly contained herein and this document contains all of the terms of the Agreement between the parties.
PERSONAL FITNESS DECLARATION
- Before engaging into any of our fitness activities, we strongly advise that you obtain a medical clearance from a Doctor if you have any doubts about your physical capability to engage in any exercise.
- You are to abide with Align’s rules and instructions including warning notices when using our equipment and facilities. If you experience any illness or discomfort physically, please notify us immediately. We are not responsible in terms of medical requirements of our members.
LIMITATION OF LIABILITY
- By attending classes, events, activities, using training facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers whilst exercising in Align. You acknowledge that you have voluntarily chosen to participate in intense physical activity. You hereby agree to assume full responsibility for yourself and all injuries or damage, which are sustained or aggravated by you in relation to the use of equipment and/or our training facilities, and release, indemnify, and hold harmless of Align.
- Align accepts no responsibility for loss or damage on 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 Align, the Management or staff for any reason whatsoever.
- Align, 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 on the premises of Align. The member hereby holds Align, 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. Any guest of a member or a temporary visitor to Align shall agree to abide by Align’s rules and the same limitation of liabilities for a member shall apply. All prices and amount quoted here are subject to taxes where applicable.
- Soliciting and selling memberships, private personal training sessions, merchandises or retail products to any member are prohibited and shall result in immediate termination of a member concerned without refund.
- Failure by the Management to enforce any of the their respective rights at any time for any period shall not be construed as a waiver of such rights
- The Management reserves the right to use any individual or group photographs of members and/or guests for press or promotional purpose.
- Any guests or members are not allowed to photograph or copy any club interior designs, promotional materials, tag lines or theme.
- All members must abide by the rules of Align which may be amended, varied, deleted and added from time to time at the Management’s discretion.
- Align reserves the right to proceed with legal action to any member caught distributing, sharing or supplying such contents to any third party vendor or competitor.
- These Rules shall be governed and construed in accordance with the laws of Malaysia and subject to the jurisdiction of Malaysia.