Terms and Conditions
Membership Privileges, Notices, Disclosure & Agreement
This form is valid for the entire duration of membership period including upgrades and renewals. Any change of address, contact number, etc. to be notified to the club and same will be updated in the system accordingly.
The signer of this agreement has paid a fee for membership at Nitrro for location designated in this form and it does not warrant or imply membership at any other Nitrro location. Any holder of this consumer credit contract is subject to all claims and defences which debtor could assert against the seller of goods or services obtained pursuant hereto for with the proceeds hereof. Recovery hereunder by the debtor shall not exceed the amount paid by the debtor
Activation of membership
The membership is automatically activated the next day as per date of payment of membership fee unless specified by the member on sign up and date duly filled in the starting date section of the receipt.
Transfer of membership
Transfer of membership is permitted to a non-member i.e. to a person who has not been a member with the same branch of Nitrro, at the transfer fee of %2000 + tax per transfer.
The membership is transferable to another Nitrro club in India. An in-house cheque with the refund amount for remaining days of membership will be made in honour opposite club. The member needs to collect the cheque from the club and hand it over to opposite club along with the difference in membership fee as applicable at opposite club plus administrative fee of 2000 plus tax.
Extension or Freezing of membership
Nitrro does not freeze memberships. The extension is only given medical bass on submission of application and all relevant medical documents. Verification will be done by the in-house physiotherapist on case to case basis.
Cancellation or Refund of membership
No refund shall be made for membership dues. In case the club is closed or shut down by the management and the services cannot be transferred elsewhere, the management will refund the amount on the pro-data basis to the member for the unused period of the contract of membership. This is subject to terms and conditions governing individual membership.
Rules and regulations:
I. GENERAL POLICIES AND PROCEDURES
- The Club shall have the unqualified right to make such rules, regulations, and restrictions in the use of the Club property as it may deem necessary.
- All signs posted in the Club shall be considered as part of the rules and regulations.
- No member of the Club or any family of member shall advertise or permit his membership to be advertised for sale. Memberships are non-assignable
- Membership cards are issued to members only and are not to be used by friends or relatives. Infraction of this rule will result in immediate explusion from the Club. The membership card is Club property, the possession of which may be determined at the Club’s discretion.
- Charges and fees for services and facilities are subject to change as deemed necessary by the Club. The Club reserves the right to withdraw any
complementary service offered to club members without given prior notice at its discretion.
- In the event it is deemed advantageous to the Club to expand the facilities thereof, the Club may temporarily close for construction and will make reasonable efforts to substitute another facility for its members until such construction is completed.
- The club shall not be responsible or liable for any loss or damage to any property of members or their guests, including their automobiles and its contents.
- Any member who is loud, offensive, bothersome to other members or behaves otherwise in an unbecoming manner or who is cited for infraction of rules and regulations may be suspended or expelled from the Club. In the event of termination, the unused portion of any advanced payment shall be forfeited to the Club.
- Hours and days of operations are posted at Club and are subject to changes as Club utilization dictates. The Club will remain closed on public holidays & once a month for maintenance.
- SMOKING and DRINKING ALCOHOL is not permitted on the Club premises. No Tobacco products & No usage of steroids in the premises. Gym membership would be terminated on these grounds without refund.
- All members and guests must sign in/ use biometric device at the reception desk upon entering the Club.
- Members must display membership cards every time they enter the Club. Members are requested to show photo I.D. with their copy of the membership agreement & temporary membership card until they receive the permanent membership card. Members will not be allowed entry to the Club without membership Cards. 3 photographs have to be submitted for the formalities & card within 3 working days from the date of sign-up.
- Club services may only be used by members in good standing. A member whose Membership has expired must renew in order to take advantage of services.
- The Club Is not responsible for Lost and Found items. Items found are immediately placed in public lost-and-found location.
- Any notice required or permitted to be given to you shall be considered duly given when personally delivered to you or mailed to your address as it appears on your membership agreement or as subsequently changed by written notice to the Club.
- No Solicitation allowed in club or parking lot.
- Photographic, video or related equipment are not allowed on the premises. Photography is strictly forbidden.
- Music played in the gym will be maintained at a standard decibel. Selection of music will be at the discretion of the management only.
- Pregnancy extensions would be considered maximum upto 3 months on management discretion.
II. HEALTH CLUB
- Members must wear T-shirts (covering the chest and back) at all times In the Club.
- Foot covering (i.e. tennis or aerobic shoes) must be worn at all times in all exercise areas, as well as in the entire Club. Socks and sandals are not allowed.
- Members must be properly attired in standard workout clothes (i.e.. leotards, gym shorts. jogging suits) while in exercise areas.
- Please be aware of circuit rules. Do not cut in on the circuit or do sets if other members are waiting.
- Profanity Is not allowed In the Club. Members shall not yell or scream across the Club.
- Use of the equipment should be instructed by Program Directors.
- Return weights to proper racks when finished.
- Have a “spotter” when using heavy weights. No dropping of the weights.
- No littering or leaving debris on the Club floor.
- Members who sweat profusely are asked to use towels when using the equipment.
- Political conversation strictly prohibited in the Club premises.
- Eating and drinking is permitted in the Cafe only. Please do not eat and drink in the Workout area, locker rooms and spa areas.
- Belongings may not be left in daily lockers overnight. Locks will be cut off and contents will be removed. The Club does not accept responsibility for items removed from lockers.
- No personal belongings (i.e. gym bags, purses, extra clothing, cell-phones, etc.) are allowed in the main workout areas.
- No member shall solicit or perform personal training services on the premises.
- All members must allow themselves to a Fitness Assessment, Body Analysis & Fitness Testing before commencement of the exercise program.
- All members can carry out their own workout pattern at their own risk. Management is not responsible for any accidental damage caused due to unadvised exercise routine.
III . GUESTS
- No member shall bring in any individual to perform personal training services.
- All guests must register upon entering the Club.
- All guests must execute a Waiver and Release of Liability and Indemnity Agreement.
- Former members and members restricted from the Club may not enter as guests.
- The Club reserves the right to refuse anyone whe is not properly attired and/or personally clean.
- Any guest found in the Club who has not paid the guest fee will be charged double and will no longer be able to use the Club. Members are responsible for their guests.
- All guest must abide by Club rules and regulations.
- Members are not allowed to bring any kids/infants in the Club premises.
- Children under the age of 13 are allowed only in the specific areas of the Club and can attend the classes and events organized especially for them.
- All membership forms of people below 18 years of age should be signed by their parent/guardian.
- Membership is subject to realization of cheque & authenticity of currency notes. Membership will be invalid if fees are not received in full amount. Guests of Members: seek desk.
- Lost Membership Card will be available at a price.
- Personal Coaching Programs: please inquiry from program directors.
These provisions of this contract are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable
provisions shall nevertheless be enforceable. The Club’s failure to enforce any remedy or provisions In this contract shall not be constructed as a waiver of such remedy or provision.
VII. GOVERNING LAW
This agreement shall be constructed in accordance with the laws of the City with jurisdiction and venue deemed proper in the city as it appears in the address of the Club in this agreement.
VIII. INTEGRATION – ENTIRE AGREEMENT
This agreement constitutes the entire exclusive agreement between the parties and cancels and supersedes prior promises, representations, understandings, and/or agreements between the parties. The agreement may be modified only by an instrument in writing signed by all parties; however, the Club or any assignee of this agreement are authorized to correct patent errors in the agreement (and other related documents.)
“The gym shall not be liable for closure,delay or the like as per the agreement due to act/s of god, act/s of public enemy, act of war whether declared or undeclared, acts of terrorism, floods, insurrections, fires, explosions, epedemic, pandemic, quarantine restrictions, acts of government, failures of transportation, freight restrictions, embargos, strikes, labour disputes or any other reason causing the work to be stopped, slowed or interrupted. Furthermore, extension for the lost time or repayment of the same shall be discretion of the gym, and the member duly agrees to it.”
X. WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
You (Consumer, each member and all guests) agree that if you engage in any physical exercise or activity or use any Club facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any club facility on the premises. Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, steam room, lobby area, or any equipment in the Club facility. Member agrees to assume the risk in his or her participation in any activity, class, program, instruction, or Club- sponsored event. You agree that you are voluntarily participating in the aforementioned activities and using the Club facilities and premises and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property. You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Club (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Club, whether active or passive, or any of its affiliates, employees, agents, representatives, successors and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) Club’s improper maintenance of any exercise equipment or facilities, (c) Club’s negligent instruction or supervision, including personal training, and (d) you slipping and falling while on the facility or any portion of the premises for any reason, including Club’s negligent inspection or maintenance of its facility. By execution of this agreement, you hereby agree to indemnity and hold harmless Club from any loss, liability, damage, or cost Club may incur due to your presence at the Club facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be broad and inclusive as permitted by the law and that if any portion thereof is held invalid, itis agreed that the balance shall, notwithstanding, continue in full legal force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.