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TERMS AND CONDITIONS OF USE OF FIT HUB SERVICES

Last change: 22/08/2024

THIS TERMS AND CONDITIONS OF USE OF FIT HUB SERVICES ARE MADE FOR ANYONE WHO USES OUR SERVICES, INCLUDING BUT NOT LIMITED TO USERS OF ONE DAY PASS, FREE TRIAL, CORPORATE MEMBERSHIP, OR REGULAR MEMBER SERVICES AND RELATED PROGRAMS WHICH REQUIRE YOU TO BE IN THE OWNED CLUB AREA FIT HUB. CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AND FIT HUB, PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

FIT HUB is PT Jaya Digital Properti which is a company established under Indonesian law and operates fitness services in the territory of Indonesia ("Us", “Our”, "FIT HUB"). FIT HUB is a platform that allows us to collect, store and process Your personal data as a user ("You") in connection with offers, purchases and use of services in the form of a website at www.fithub.id and mobile applications based on Android and iOS with the name FIT HUB. This Terms and Conditions Document for Use of the FIT HUB Application and Services** ("Terms and Conditions", "Agreement")** was created to facilitate information as well as the rights and obligations by Us for Our users ("Users") who access this website and application. By accessing Our website and application, You agree to comply with and comply with these Terms and Conditions when accessing Our website and application. If You do not agree with these Terms and Conditions, please stop using Our website and applications.

THESE TERMS AND CONDITIONS GOVERN THE FOLLOWING, INCLUDING BUT NOT LIMITED TO:

1. Terms regarding membership, free trial and one day visit services, and Single Club Membership;
2. Provisions regarding terms, procedures and procedures for taking membership leave and membership transfer;
3. Provisions regarding personal training services; And
4. Provisions regarding classes;

Please contact Us at [email protected] for questions or problems that arise.

1. DEFINITION

   1. "FIT HUB" means a business owned by PT Jaya Digital Properti;

   2. "FIT HUB Application" means an Android and iOS based software application created, operated and provided to the public by PT Jaya Digital Properti which may include transactions related to membership, member operations when entering Our Club area, etc. with actions relevant to the FIT HUB business;

   3. "Services" means access to Our Gym and Classes;

   4. "Club" is any business branch belonging to FIT HUB.

   5. "Membership" is a membership that You must have before using Our Services;

   6. "All Club Access Membership" is a type of Membership that allows You to use the Services at each Club belonging to FIT HUB;

   7. "Single Club Access Membership" is a type of Membership that only allows You to access services at one particular Club exclusively where You are not permitted to use that access at other FIT HUB Clubs other than the Club where You are registered as a member.

   8. "Personal Trainer" is someone who can train, guide and provide advice to You while using the Service;

   9. "Gym" is a location for carrying out Our training and sports activities;

   10. "Class" is a sports sessions led by instructors provided by Us; And

   11. "Operational Hours" are the opening hours until closing.

   12. "Home Club" is the primary Club location that is home to Your selected membership.

2. APPLICATION USE

   1. To use Our Services, You are required to have the FIT HUB application in connection with its function to check-in, book classes, and enter Our Club area.
   2. The application You use must be in Your own name, and You are not permitted to transfer Your account to another party for any reason except as permitted by Us.

3. AGE LIMIT

   1. The minimum age limit to be able to use membership and services is 12 (twelve) years old.
   2. Member under 17 (seventeen) years old can use the FIT HUB facility with the following terms and conditions:
      1. You must obtain written consent from your guardian to be attached to the membership registration process;
      2. Complete additional documents outside of the list of personal information in the form of:
         1. Fill out and sign the Consent Letter form that we provide; and
         2. Complete the documents as referred to above with proof of Family Card.
   3. Members under 15 (fifteen) years old can use the FIT HUB facility with the following terms and conditions:
      1. You must obtain written consent from your guardian to be attached to the membership registration process;
      2. Complete additional documents outside of the list of personal information in the form of:
         1. Fill out and sign the Consent Letter form that we provide; and
         2. Complete the documents as referred to above with proof of Family Card.
      3. Required to use the services of a Personal Trainer, where the number of Personal Trainer sessions will be adjusted according to the length of membership.
   4. Children under the age of 12 are not allowed to enter the Club area (Gym floor & Studio) even as a companion.

4. PAYMENT

   1. Use of FIT HUB Services requires certain payments such as membership fees or additional fees for special services, including but not limited to the use of classes, Personal Trainers, facilities in the form of tools and equipment, products sold in Our Club area and other services provided for You.
   2. You are responsible for paying all fees incurred to use the Services provided in accordance with these Terms and Conditions.
   3. Payments that You make as mentioned above are guaranteed to only be made to Our official account and/or virtual account. Please do not make payments to accounts other than FIT HUB's official account or virtual account, including but not limited to employee accounts or other accounts. which is not in the name of PT Jaya Digital Properti. Any losses arising from payment actions outside of FIT HUB's official account are not the responsibility of FIT HUB.
   4. The fees referred to in this point do not include Service Tax, Goods Tax, Value Added Tax, or other taxes that may be imposed in accordance with applicable laws and regulations.
   5. All payments that have been made including but not limited to membership or related to the Personal Training program cannot be returned for any reason including but not limited to events including violations or termination of membership due to Your wishes.

5. MEMBERSHIP

   1. GENERAL

      1. To be able to use Our services, including but not limited to membership, free trial, one day pass, or other related programs that require You to be in the FIT HUB Club area, You are required to show Your personal data in the form of:
         1. Identity (KTP/SIM/Passport);
         2. Phone number;
         3. Address;
         4. Email address;
         5. Personal data;
         6. Your Photos;
         7. Emergency telephone number that can be contacted as specified in the PAR-Q section;
         8. Taking profile photos; and
         9. Other relevant personal information if necessary.
      2. The membership provided by FIT HUB is divided into the following:
         1. All Club Access Membership is a membership that allows You to use FIT HUB services at each Club belonging to FIT HUB, where You are required to comply with all the provisions of these Terms and Conditions; And
         2. Single Club Access Membership is a type of membership that only allows You to access services at one particular Club where some services may not be available as regulated in these Terms and Conditions referring to matters further regulated in point b regarding Single Club Access Membership below.
      3. You are required to look after Your valuable belongings such as jewelry, communication devices, electronic devices, personal vehicles and so on. Any form of loss and/or damage to personal items, either in the Club area or in the area around the Club is not the responsibility of FIT HUB, therefore we urge You not to leave valuables in the changing room or in Your personal vehicle parked in the parking area or other areas around FIT HUB.
      4. In the event that one of Our clubs ceases to operate for any reason, Your membership will automatically be transferred to another club belonging to Us at a location closest to You without any compensation.

   2. SINGLE CLUB ACCESS MEMBERSHIP

      1. Single Club Access Membership is a program that allows You to have an exclusively registered membership in only one particular FIT HUB Club, which means You cannot use that membership in other FIT HUB Clubs. Thus, You are only allowed to check-in at the clubs specified in Your membership.
      2. If You are a member with a Single Club Access Membership membership, then:
         1. You can only make Class Bookings for classes held at the Club listed in Your membership;
         2. You may only purchase Personal Training products and services available at the Club listed in Your membership;
         3. You are not permitted to change Your membership to a membership that includes all Clubs or transfer membership to another FIT HUB Club before the validity period of Your Single Club Access Membership expires; And
         4. You are not permitted to take Membership Leave or Transfer Membership during the validity period of Your Single Club Access Membership membership.
      3. If You have an active membership covering all Clubs (All Club Access Membership), You are not permitted to change Your membership to a Single Club Access Membership before the validity period of Your membership covering all Clubs expires.
      4. Except as regulated in point (ii) above, all provisions set out in these Terms and Conditions will apply to You the same as Single Club Access Membership membership and You are obliged to comply with and comply with these Terms and Conditions in connection with the use of Your membership. at FIT HUB.
      5. FIT HUB has the full and absolute right to extend and/or terminate the Single Club Access Membership program at FIT HUB's Club which may have an impact on Your membership as follows:
         1. In the event that the Club belonging to FIT HUB which is the reference for Your Single Club Access Membership is declared closed for any reason, taking into account the provisions where FIT HUB is not required to notify You of the reasons, then Your Single Club Access Membership membership will be transferred to the FIT HUB Club of Your choice;
         2. In the event that the FIT HUB program decides to cancel the Single Club Access Membership, including but not limited to Your Home Club or all Clubs belonging to FIT HUB, then You can use Your Single Club Access Membership membership until the membership expires while still paying attention to all provisions. At this point, however, You are not permitted to buy the same membership again, so if You want to continue using FIT HUB services, You can buy a membership that includes the use of services at all FIT HUB Clubs.
      6. If You insist on using Your membership at a club other than the club You chose for the Single Club Access Membership program, then FIT HUB has the absolute right to terminate Your membership while still paying attention to the provisions in point 4(e) above.

   3. MEMBERSHIP LEAVE

      1. You can take a Membership Leave where we will freeze Your account for the period You wish based on these Terms and Conditions.
      2. The terms of Membership Leave as referred to in this point are a minimum of 1 time for a duration of 1 month and a maximum of 2 times with a duration of 1 month in each Membership Leave period.
      3. If You are in the Membership Leave period, You cannot use all of Our Service facilities, including the Personal Trainer services that You registered (if any).
      4. Membership leave as intended in these Terms and Conditions is subject to a fee of Rp. 75,000,- (seventy five thousand Rupiah) per month.
      5. If You wish to apply for a Membership Leave period exceeding the provisions above, You must include additional documents, such as:
         1. A doctor's certificate regarding Your illness;
         2. Work service letter;
         3. Pregnancy certificate from a doctor;
         4. Another reason why members cannot participate in sports activities for a long time.

   4. TRANSFER MEMBERSHIP

      1. You can conduct a Transfer Membership where we will transfer Your membership to another party You wish by this terms and conditions as regulated in this point.
      2. Transfer Membership can only be made on the condition that Your membership has a remaining membership period of at least 30 (thirty) days.
      3. Transfer Membership in this matter also includes the Personal Trainer package, therefore the intended transfer will also transfer your remaining Personal Trainer package sessions.
      4. The party who is the recipient of the Transfer Membership has the following requirements:
         1. Fulfill all requirements as stipulated in these Terms and Conditions and the Terms and Conditions of Use of the FIT HUB Application.
         2. Do not have members with active status at FIT HUB.
      5. You can conduct a Transfer Membership to another party who has previously been a member at FIT HUB with the provision of that party has exceeded the grace period for completion of membership, which is 30 (thirty) days after their membership expires.
      6. Transfer Membership as referred to in this Terms and Conditions are subject to a fee of Rp.50,000,- (fifty thousand Rupiah) per 30 (thirty) days of the remaining membership period to be transferred.
      7. You must attend your Home Club and fill in the Transfer Membership Form that is provided by us to be able to conduct a Transfer Membership.
      8. The party who receives the Transfer Membership from you must sign the Gym Membership Agreement, activate the membership on the FIT HUB application and complete the Transfer Membership payment as referred to in point (vi) above using the payment method that we have provided.
      9. Transfer Membership will transfer all remaining active memberships, so you cannot transfer your active membership partially for any reason. Furthermore, after the Transfer Membership process is complete, your account will immediately be inactivated by FIT HUB to be transferred to the account belonging to the Transfer Membership recipient.
      10. You cannot set any price other than the fees set out in point (vi) above in the case of a Transfer Membership. If you are found to have violated this provision, We will impose sanctions as regulated in these Terms and Conditions.
      11. In the event that FIT HUB finds violations of the Transfer Membership process as regulated in this Terms and Conditions, FIT HUB has the full and absolute right to terminate your membership or the party receiving the Transfer Membership without any compensation or refund.

6. PERSONAL TRAINING SERVICES

   1. We assume that You understand that Personal Training is a program where You will exercise at the Gym. We use the services of a Personal Trainer which we provide with separate payment from Your membership payment. Regarding class sessions and prices, You can see further details on the FIT HUB Website and Application.
   2. In the event that the period of use of Your Personal Training has expired and there is still a remaining training quota, then this will be considered forfeited and cannot be used again.
   3. You can schedule Personal Training through Our staff.
   4. In connection with point c above, You can make changes to Your Personal Training schedule no later than 24 hours before the start of the session.
   5. If You do not attend the Personal Training session that You have scheduled without rescheduling beforehand, the session will be considered used and will be deducted from Your Personal Training session quota.
   6. If desired, You have the right to propose a change to Your Personal Trainer, however, the appointment of a replacement party for Your Personal Trainer is the absolute authority of FIT HUB and cannot be contested.
   7. FIT HUB has absolute authority to replace Your Personal Trainer for any reason, this decision is final and cannot be contested.
   8. You are not permitted to:
      1. Transferring the Personal Training program that has been registered by You to another party, except with the conditions permitted as regulated in these Terms and Conditions;
      2. Cancel or change the session schedule personally to the Personal Trainer and/or outside of these Terms and Conditions;
      3. Request a refund for sessions that have been paid for;
      4. Conducting Personal Training sessions outside the Club area, including offering the Personal Trainer to conduct personal sessions outside the Club area or at another Gym;
      5. Inviting, accepting, and/or requesting Our Personal Trainers to sell and/or buy Personal Training programs or other related programs other than those offered by FIT HUB;
      6. Bringing a Personal Trainer outside of that provided by FIT HUB for any reason; And
      7. Carrying out training sessions with a Personal Trainer who is not registered with FIT HUB, including if the party has a membership with FIT HUB.

7. CLASS

   1. CLASS BOOKING

      1. If You want to take classes provided at FIT HUB, You can book classes only through the FIT HUB Application;
      2. You can only book classes as long as You still have an active membership;
      3. Class bookings can only be made a maximum of 2x (twice) per day;
      4. Class reservations can be made 24 (twenty four) hours before the class starts
      5. If You book more than one class, You cannot book classes for 2 classes that have close schedules in different clubs;
      6. Classes that have been booked will automatically be forfeited if You arrive more than 15 minutes late;
      7. You understand that classes can be canceled at any time resulting in the class not being held, thus Your Class Booking for that class will automatically be forfeited.

   2. CANCELING CLASS ORDERS

      1. If You have booked a class but cancel the class less than 2 (two) hours before the class starts 2 (two) times in a row, then You will automatically be blacklisted for a period of 1 (one) week and You will not can make Class Bookings;
      2. If You have made a Class Booking but You do not attend the class, then You will automatically be blacklisted for a period of 1 (one) week and You will not be able to make a Class Booking;

   3. CLASS WAITLIST

      1. If You don't get a slot when booking a class, You have the opportunity to enter the Waitlist on the FIT HUB application;
      2. The capacity for the Waitlist in this case is 25% (twenty five percent) of the total class capacity;
      3. If You enter the Waitlist:
         1. If You get a class slot, You will receive a notification and You will have 10 (ten) minutes to confirm Your attendance;
         2. If You refuse or do not confirm Your attendance, the class slot will be given to the next member registered on the Waitlist; And
         3. You can waitlist only for 1 class at 1 (one) Club only.
      4. If You are on the Waitlist, You are not permitted to:
         1. Enter the Waitlist for another class at the same time; And
         2. Enter the Waitlist for another class at a different Club.

8. FREE TRIAL AND ONE DAY VISIT SERVICE
   To help You get to know FIT HUB services directly at available locations, FIT HUB provides free trial and one day visit services, with the following conditions:

   1. FREE TRIAL:

      1. The Free Trial Service is provided to You with 1 (one) opportunity to try the FIT HUB facility for free with a certain usage period;
      2. You can have the opportunity to take part in the Free Trial service by visiting one of Our clubs and registering via the application or directly with Our fitness consultant (FC);
      3. You will receive a barcode to check-in at Our club and use the facilities we provide specifically for Free Trial users, namely services in the gym floor area including classes, but not including personal training services;
      4. Use of the Free Trial is only valid at the Club where You registered;
      5. The Free Trial Use Period is a minimum of 3 (three) days up to a maximum of 7 (seven) days and cannot be extended, where You will receive information about the validity period via the FIT HUB application;
      6. If the Free Trial usage period has expired, You cannot extend it and are not required to register for Our membership program using the procedures as regulated in these Terms and Conditions. However, if You want to continue using the FIT HUB service, You are required to register for membership and are not permitted to use the Free Trial service again;
      7. The period for using the Free Trial expires while still observing the provisions for using the Free Trial in these Terms and Conditions; And
      8. Any violation of the Free Trial provisions will be subject to sanctions in accordance with the provisions of these Terms and Conditions.

   2. ONE DAY VISIT:

      1. The One Day Visit service is provided to You with 1 (one) opportunity to try the FIT HUB facility in 1 (one) day and cannot be extended and/or repurchased;
      2. You can receive the One Day Visit service by visiting Our Club directly to deposit Your identity card (KTP/SIM) and make a payment of Rp.150,000,- (one hundred and fifty thousand Rupiah) via the payment method as regulated in these Terms and Conditions;
      3. CS will store Your identity card to provide You with a locker key; And
      4. You can use the One Day Visit service after making payment and leaving Your identity card;
      5. Facilities that can be used during a One Day Visit are services in the gym floor area, excluding classes and personal training; And
      6. Any violation of the One Day Visit provisions will be subject to sanctions in accordance with the provisions of these Terms and Conditions.

9. PROHIBITIONS
   For mutual safety and comfort, You are prohibited from doing things including but not limited to:

   1. Recording in Club areas, whether for commercial purposes or not;
   2. Recording in toilet areas and changing rooms, whether empty or filled with other members;
   3. Buying and selling Memberships and/or Personal Training sessions;
   4. Accommodating other people to use and/or buy and sell Membership services (sharing account/sharing membership);
   5. Committing acts of violence to fellow members or FIT HUB staff;
   6. Make noise in any form that disrupts the operations of FIT HUB directly or indirectly (in this case on social media);
   7. Performing services such as a personal trainer where You are not an official FIT HUB Personal Trainer;
   8. Selling goods or services without FIT HUB's permission;
   9. Throwing rubbish carelessly other than in the place provided;
   10. Bringing children under 12 (twelve) years of age into the Club area;
   11. Bring food and eat in the Club area;
   12. Wearing clothing that is indecent and does not cover the chest area;
   13. Wearing footwear other than shoes or not wearing footwear at all;
   14. Using tools and facilities not in accordance with the instructions for use, if there is damage to the tools and facilities as a result of Your actions, You are required to pay compensation for the damage;
   15. Carrying out activities at the Club while under the influence of alcohol and/or drunk;
   16. Insulting FIT HUB's good name in any form and not communicating complaints first to the media we provide, in this case You understand that this is a violation so we have the right to take action including but not limited to legal action based on the provisions applicable laws in Indonesia;
   17. Using for commercial purposes except with prior notification and approval from Us, cameras or other photo and video recording devices, including but not limited to mobile phones that have recording devices, or digital cameras; And
   18. Committing criminal acts such as theft, narcotics, fraud, forgery, assault, or other criminal acts in accordance with applicable laws and regulations.

10. LOCKER USE
    You hereby acknowledge, represent and warrant that during practice, You have the right to use a daily locker to store Your belongings, with the following conditions:

    1. You can request a locker key from Our CS and are required to return the key to CS again after completing the exercise on the same day;
    2. If You carry the key with You, You are obliged to return the locker key and pay a fine of Rp.10,000,- (ten thousand Rupiah) per day;
    3. If the key is lost, You will be subject to a fine of Rp.75,000,- (seventy-five thousand Rupiah);
    4. Lockers must be emptied after You finish practice that same day;
    5. All lockers will be checked and emptied at the end of each operating hour;
    6. If there are items left in the Club area, we have the right to take action with the items left at the Club, such as storing the items in the lost and found section, and/or setting aside the items without notifying You with the following conditions:
       1. Consumable and perishable goods will be immediately put aside at the end of the day by Us; And
       2. Other types of goods will be stored for 3x24 hours before being put aside by Us.

11. CLUB OPERATING TIMES
    Club operating hours will refer to those indicated at the Club entrance or notice boards in the Club area. We reserve the right to adjust the Club's operating hours for cleaning, decorating, repairs and/or holidays. We will provide notification about changes to operational hours.

12. REPRESENTATIONS AND WARRANTIES

    1. You hereby agree to be fully responsible for all responsibilities and losses arising to Yourself or other members as a result of any accident, including but not limited to bodily injury or mental injury, economic loss, or any loss to other visitors caused by by Your intentional or negligent actions in using the services at FIT HUB (the opposite applies, vice versa). If there is a claim from anyone due to any injury, loss or other damage related to You or other members due to Your actions, then You agree to
       1. defend FIT HUB against all such claims and pay FIT HUB for all expenses including legal costs related to such claims;
       2. protect FIT HUB from any liability to You, Your husband/wife, unborn child, family or anyone else as a result of the claim; And
       3. release FIT HUB from all forms of demands, lawsuits and compensation in any form and from anyone without exception.
    2. You hereby acknowledge that FIT HUB has never promised anything other than what is officially conveyed in writing by FIT HUB on the official FIT HUB Website, Application or Social Media and or as written in these Terms and Conditions, in this case You If You receive promises outside of these Terms and Conditions, for example by FIT HUB staff (individuals), You can report or submit them to FIT HUB without making these promises become valid and binding on both parties and You hereby release FIT HUB from any forms of demands, lawsuits, and compensation for losses in any form and from anyone without exception.

13. SUSPENSION, TERMINATION AND CANCELLATION
    Based on these Terms and Conditions, We have the right to:

    1. give You a written or verbal warning;
    2. suspend, limit or terminate Your access to any or all of the Services; and/or
    3. immediately deactivate Your account for any reason, including but not limited to where:
       1. We are, in Our reasonable opinion, required to do so by applicable law or any court or other authority subject to Us in any jurisdiction;
       2. You violate the provisions of these Terms and Conditions, either directly once or repeatedly after a warning from Us.
    4. We may suspend, limit or terminate Your access to any or all of Our Services and/or deactivate or cancel Your account, without reason by providing You with prior notice. You acknowledge that Our decision to take certain actions, including restricting access to, suspending, or terminating Your account, may be based on confidential criteria that are important to Our risk management and security protocols. You agree that we have no obligation to disclose details of its risk management and security procedures to You.

14. CHANGES TO TERMS AND CONDITIONS
    In the event of changes and additions to these Terms and Conditions, We will notify You no later than 7 (seven) days before they take effect. The notification as intended can be done in the form of an email or notification on Our application. In the event that You object to the changes that we make to these Terms and Conditions after being informed, then You are welcome to stop using FIT HUB services by deactivating Your account before the effective date, in this case FIT HUB is not obliged to return any good payments that have not been enjoyed by You. You. However, if You continue to use the FIT HUB Service after the period as mentioned previously, then You are deemed to have agreed to the changes and will be subject to all the rules and changes.