1. You represent that you have the capacity to enter into this Agreement. If you are of a limited capacity, you represent that you have obtained the consent of your parent/guardian/statutory representative prior to entering into this Agreement.
2. Your photo and personal information will be taken and collected by CFLP during your workouts or otherwise for our records, promotion, marketing, and identification purposes. You hereby allow CFLP to collect and use your photo and personal information as specified above. You hereby agree and consent that we may release your personal information to our professional advisors, where required to do so by law or where we deem it appropriate in response to the proposed sale of interest in CFLP or complaints of a substantial nature.
3. CFLP reserves the right to show the CFLP premises to potential members during the workout and otherwise, at the sole discretion of CFLP.
4. CFLP reserves the right to ask you to leave any workout session, if your actions/omissions and/or behavior in any way affects the other members right to enjoy the CFLP facilities.
5. By signing this Agreement, you agree to any and all membership rules and guidelines posted throughout CFLP and in this Agreement. CFLP reserves the right to amend any and all rules from time to time based on its sole discretion. Once posted, you agree that such amended rules shall then apply to you and that you shall abide by the same at all times.
6. You understand that since this is a prepaid term membership as marked in the Membership Details section. Your right of access to the CFLP premises will be dependent on the type of membership you opt for. In case you opt for access multiple days in a week, the days on which you shall have access may vary from time to time, as the same would depend upon a schedule set up under an agreement arrived at between you and a CFLP representative, after consultation. After expiry of the period, you may at your option renew the membership at the rate applicable at the time of renewal. If not renewed, this Agreement shall expire at the end of the prepaid period. Prepaid membership cannot be sold or transferred. CFLP will only recognize you as the member.
7. You hereby agree that in case you have any complaint/grievance in respect of actions of any other member or CFLP staff, the same shall be communicated in writing to a CFLP representative, who shall have the sole discretion to determine the appropriate action on the basis of your complaint.
8. Your membership cannot be transferred to another individual.
9. Fees may vary for you depending upon the type of membership and/or time of purchase. Your fees or dues rate is as specified in this Agreement (or its attachment).
10. You hereby agree that in case any damage or loss is caused to any equipment or to the premises of CLFP (including but not limited to civil fixtures etc.) due to your negligent acts/omissions, you shall be liable to pay CFLP, an amount as may be determined by CFLP according to the extent or nature of such damage or loss. The said amount, if not paid by you within 15 (fifteen) days of CFLP raising such a demand on account of the aforesaid loss or damage, will start accruing a late payment charge of Rs. 50/- per day till the date you make the payment. You shall also be liable to indemnify CFLP for any costs (including legal fees) incurred by it towards recovery of the said amount from you.
11. Membership fees and monthly dues are non-refundable, regardless of actual usage of the facilities or changes to the facilities including downsizing of the club, and can be subject to an increase with a seven-day notice sent to your preferred contact address as indicated in this Agreement (or its attachment), either through email or home/business address.
12. All monthly fees and monthly dues shall be paid in advance through any of the payment modes accepted by CFLP.
13. If you fail to pay your monthly dues by the Scheduled payment date, CFLP reserves the right to levy a late payment fees at the rate of Rs. 75/- per day, till such date the payment is made. CFLP also reserves the right to refuse your entry into the premises until such outstanding payment is received.
14. You hereby agree, that in case of Non-payment of dues (including the late payment charges), CFLP shall have the right to recover an amount equal to two times the amount (including the late payment charges) due and payable by you. You further agree to indemnify CFLP for any cost incurred (legal and/or otherwise) by CFLP towards recovery of the said outstanding amounts.
15. To protect the interest of its business and for the safety and consideration of other members, CFLP reserves the right to terminate your membership and to deny access to the CFLP premises for violation of any of the terms of this agreement. Reasons for terminating include (but are not limited to) improper behavior, physical abuse and acts or threats of violence against another member or management and staff of CFLP; unauthorized sale or conduct of services such as Personal Training; unauthorized sale of goods or soliciting for business including supplements and fitness gear; lewd or inappropriate behavior, sexual harassment of other members, or inappropriate attire, or harassment of any nature likely to cause offence; and/or behavior found to be in breach of the terms and conditions contained herein, or any posted rules and regulations throughout the CFLP premises. In case of termination, you will not be eligible to demand any refund in respect of any fees paid. For the purpose of this agreement, both the Parties agree to waive all applicable provisions under local laws requiring a prior consent for the termination or cancellation of this Agreement.
16. CFLP may deliver notices to you at the address or the address specified in the relevant section of the accompanying form, or such other address as you may have notified in writing to CFLP from time to time. Any such notice, if sent by e-mail shall be deemed to have been duly given upon transmission, and if sent by mail with proper postage prepaid, shall be deemed to have been duly given three days after posting.
17. Cameras or other photo/video recording devices including mobile phones with such devices are prohibited to be used for picture taking or recording in the locker/changing area of CFLP.
18. CFLP is not responsible for items lost or stolen on its premises.
19. CFLP may contact you from time to time via phone, SMS or email to advise you as to promotions, membership benefits and events and seek your assistance in recommending friends.
20. This Agreement and any obligations arising from or connected here with, shall be governed by and construed in accordance with the laws of India.
21. Any dispute arising out of or in connection with this Agreement, or breach hereof, including (but not limited to) any question regarding its existence, validity, termination or the rights or obligations of either of the parties shall first be communicated by the party so aggrieved to the other party in writing. Thereafter, an attempt at amicable settlement of the said disputes shall be made. In case the parties are unable to resolve the said disputes amicably, the same shall be referred to Arbitration in accordance to the Arbitration and Conciliation Act, 1996 and the rules framed there under from time to time, and any subsequent statutory modification thereto. The parties shall mutually agree to the appointment of a Sole Arbitrator to adjudicate the said disputes. The Parties shall bear all the costs and expenses related to the arbitration including the fees of the sole arbitrator in equal proportion. All the decisions and the final award passed by the Sole Arbitrator shall be final and binding on the parties and shall be enforceable by any court of competent jurisdiction. The venue of the said Arbitration shall be Gurgaon, Haryana, India.
22. The District courts at Gurgaon, Haryana shall have exclusive jurisdiction over all disputes arising out of this Agreement.
23. If any provision of this Agreement is finally determined to be illegal, invalid, void or unenforceable under applicable Law, then such provision shall be deemed to be deleted from this Agreement to sever such provision from the remainder of the Agreement and the and the remaining provisions of this Agreement shall continue to remain in full force and effect and if necessary, be so amended as shall be necessary to give effect to the spirit and intent of this Agreement to the extent possible.
24. You hereby acknowledge that nothing in this Agreement shall entitle you to any Intellectual Property Rights of CFLP or to any goodwill attaching thereto and it further acknowledges that it shall not acquire any rights in respect thereof by virtue of this Agreement. You further agree that you shall not do or authorize any third party to do any act, which would or might violate or be inconsistent with the Intellectual Property Rights of CFLP.
25. You hereby agree to indemnify CFLP for all costs incurred by it (including legal fees) towards enforcement of any of the terms of this agreement against you.
26. This Agreement has been prepared and written in English, which shall be the governing language.
27. You hereby undertake that you have read this Agreement and understand its content in English language.