FIT365 健康館 電子合約
1. 與您簽約的是 新行健康管理顧問事業股份有限公司 (以下稱為本公司)及其所屬FIT365健康館。代表人：蔡鴻德；電話：07-2419981(代表號)；電子郵件：email@example.com；網址：fit365.tw；營業所在地：高雄市高雄市左營區安吉街450號2樓；營業登記證字號：45138971。本公司已於營業場所以明顯可見之形式揭露下列資訊：預計招收會員數、現有會員數、實際可供消費者使用之總面積，以及最大容留人數，詳見營運場所現場公告。
您在進入健康館前必須使用App 之QR Code 入場及出場登記。場館App僅供您個人使用。您知悉不出示QR Code，您可能會被拒絕進入健康館。
職務調動，且該調動的區域方圓 30 公里之內沒有任何 相關企業或品牌健康館或與我們簽有可免費移轉會員權利協議的聯盟場館可供使用，但會員權暫停期間不得超過資格期限的一半，此資格期限不包含贈送會籍資格在內。
月繳入會者，依簽約時本健康館規定之合約總計繳費用扣除已收款款項之未收款項。如會員未收款項 (含月費、入會費及手續費)超過3000 元違約金，本健康館將收取3000 元違約金；不足者，應由會員補足剩餘未收款之差額。
本健康館有 24 小時記錄的錄影監控。
Member / Parent / Guardian Signature
會員 / 家長 / 監護人 簽
FIT365 MEMBER CONTRACT
1. This contract binds you and Absolute Lifestyle Corporation (hereinafter referred to as the company) and its affiliated FIT365 Wellness Center. Legal Representative:Tsai Hong-Teh;Tel:07-241-9981 (representative number);Email:firstname.lastname@example.org;Website:https://fit365.tw;Business location:2nd Floor,No. 450,Anji Street,Zuoying District,Kaohsiung City,Kaohsiung City;Government Uniform Invoice (GUI) Number:45138971. The company has disclosed the following information in a visible form at the business premises:the estimated number of members to be recruited,the number of existing members,the actual total area available to consumers,and the maximum number of people. For details,please refer to the on-site announcement of the business premises.
2. You are informed and agree that:
You are over 14 years old. If you are under 20 years old,you have obtained your parent/guardian's explicit permission to join the wellness center, and use the existing facilities and services during the service hours with the assistance of staff. The term "you" or "your" in this contract means both you and/or your parent/guardian.
The membership contract takes effect on the day following the signing date. If there are special circumstances, you can apply for an extension of up to one month.
The monthly membership fee payment will be deducted from your authorized bank account/credit card until you or the wellness center notify your bank or credit provider to cancel this arrangement. You agree to sign all necessary documents to ensure that monthly payments can be automatically transferred/paid via credit card.
Even if you do not use this wellness center, during any membership period, the monthly credit card should still be automatically transferred/paid monthly until the final date of the membership period.
You are responsible for ensuring that the account or credit card you specify is valid and has sufficient credit limit, and that there are sufficient funds to make payments when the monthly payment is due. If the deduction/payment is not successful, you will be responsible for paying any handling fees and/or escrow charges. In the case of unsuccessful deduction/payment, we have the right to deduct/accumulate a standard monthly fee of up to three months without prior notice.
If your designated bank account/credit card is cancelled/closed or the payment amount is disputed, we may charge you a handling fee of NT$500 (the same as below), and you should pay any monthly overdue payments immediately. If you pay in person at the wellness center for this reason, an additional NT$500 manual processing fee will be added.
Expenses include system card opening fees, physical fitness training sessions, member data processing procedures, employee commissions and bonuses and other related expenses related to handling new members and renewing members.
After the expiration of this contract, if the contract needs to be renewed, it shall be confirmed in writing by both parties. This wellness center shall not agree in advance to automatically renew the contract without notifying the members.
One month before the expiration of the contract period, we will notify you according to your email account (E-mail) or contact number or address provided in the company contract. If it is not possible to prove that we have notified the member and the member continues to use the services and equipment after the expired period, we shall not regard it as an act of renewal and charge any fees.
If you purchase additional courses for a fee, you should sign a separate contract and abide by the terms of the contract.
If you use Chailease Consumer Finance Co., Ltd. to provide the use Chailease Consumer Finance Zero Card instalment services, you should sign a separate contract and abide by the terms of the contract.
You agree to use the booking app provided by the wellness center to make reservations for classes. The sign-in is only for data analysis. If there are any changes, you should notify the relevant personnel or staff to assist in the change within the by the specified deadline at the latest to maintain your rights.
You agree to be bound by the latest terms (including membership policies and safety precautions) of the wellness center available online and at the premises.
The personal information we collect from you (including your name, address, date of birth, ID number and other information about you) is mainly used to register member data and assist us in providing our services to you. You agree to these terms and hereby agree that we can disclose your personal information to the brand franchise headquarters and related system vendors and related companies, our professional consultants, debt recovery service providers, third-party vendors that provide benefits to members, and our administrative business or third-party vendors that operate business out-sourcing, including their agents, assigns, and financial officials or government departments or organizations (as authorized or required by law), regardless of whether we disclose your personal information within or outside Taiwan. You hereby agree and agree that we can store your personal information in the online database and agree to use it for internal management and debt collection purposes, or when reasonably necessary, so that we can be in compliance. The court rulings, laws or regulations, or when you agree in writing are communicated with you along with promotions, member benefits, news letters, and special events. You can contact the wellness center to view and/or change your personal information, and/or request a copy of your personal information through the phone number or email address of the initial disclosure during normal business hours. If you do not provide all or part of the personal information we request or request us to stop using or delete all or parts of your personal information, we may not be able to provide services to you.
You agree to abide by all membership rules, policies and regulations of this wellness center and other companies related to said brand that you visit, which remains active at any time. This health center has the right to promulgate or modify management rules and regulations based on safety and management requirements.
Members should accept the rules and guidance of the company's employees when they are within the wellness center,and follow the instructions of the employees. The member App and access control system are only for the use of the member,and the member is not allowed to use the related facilities and services of the wellness center with a third person other than the member. Members are not allowed to provide fitness guidance or sales to other members or guests in any form,nor can they accept fitness guidance or sales provided by other members or guests. Members agree to maintain polite and proper etiquette,and will not cause any interference to hinder other members or guests from using the fitness equipment and obstruct the interest of this wellness center. Under no circumstances will members make loud noises,use hostile words,vulgar language or harassment,teasing and abetting other members,guests and employees,or conduct any violation of laws and social good customs. Illegal drugs and alcoholic beverages are prohibited in this wellness center. Without the consent of the management of this health center,members are not allowed to move fitness equipment at their own will or use the equipment in an unauthorized manner.
At all times,you should abide by the definition of "sportswear" and the dress code of this wellness center and the wellness center fitness coaches. Please do not wear blue jeans or pants/shorts with seams or rivets similar to blue jeans. Flip-flops and walking barefoot are also not allowed in the health center.
Violation of the foregoing two provisions allows the company to terminate this contract and follow-up with this violation in accordance with the law.
Please also note that if the health center or personnel suffers damage due to the determinable and attributable to you or a third person who came with you,you shall bear joint and several liabilities for damages with the perpetrator.
5. Equipment and service hours
During service hours,the following service contents are provided:
Qualified fitness equipment for normal use.
Instructions for the use of various equipment.
All kinds of equipment are posted in obvious places with warning signs that improper use may cause danger and instructions for emergency handling of dangers.
Coaches or instructors with legal licenses or professional qualifications,and courses that provide guidance.
The service hours and closing days are in accordance with the regulations of each museum,and this health center reserves the right to adjust.
During business hours,if the business period is suspended due to natural disasters,government laws,or other special conditions (such as equipment or engineering maintenance,epidemic prevention,etc.),the wellness center may suspend business or shorten the service time,and other supporting measures will be announced separately by each location. But short-term maintenance is not limited to this.
6. Relocation of Wellness Center
For the relocation of this wellness center,members will be exempted from paying the monthly fee from the relocation date to the resuming period of business,and the valid period of membership rights will be extended.
The relocation of this health center should make an announcement in an obvious place within the wellness center one month in advance or notify the member in accordance with the contractual agreement. The member can terminate the contract within 30 (inclusive) days from the announcement date and refund the fee in accordance with the contract clause 13 Or calculate and pay fees.
Except as otherwise provided in this contract,you will be responsible for paying all due and payable payments stipulated in this contract,even if you do not use our facilities and services. However,in the case of death or disability of the member,the obligation to pay will terminate on the day of death or disability. If the facilities of the wellness center are temporarily unavailable due to individual events,such as fire,flood,loss of tenancy rights or the like,we will extend your membership according to the time the facilities are unavailable.
8. Member bears the risk and exemption clause
The company recommends that all members undergo a health check before using any fitness equipment. You hereby declare that your body is in good health and without any medical issues,illness,disability,injury or dysfunction,which inhibits you to use the company’s fitness equipment,or to engage in active or passive fitness activities,or for the health,safety,and comfort of your body,the physical conditions are not of harm or may cause risks for death. You hereby confirm your physical conditions and abilities to use fitness equipment and that the wellness center has not given you any medical advice before you joined. If you have any health or medical concerns at the present or after joining,please discuss with your physician or health care provider before using any fitness equipment.
This health center may function during unsupervised hours. You agree to exercise prudently,pay attention to the safety and cleanliness (including the environment of the venue,equipment conditions,and personnel) of the venue at all times,and evaluate your physical and mental conditions.
9. Reminder of sports injury risk and financial custody
Members understand that all activities provided by this wellness center are physical activities,and members must use fitness equipment correctly and appropriately in accordance with the instructions. Members understand that using the company’s fitness equipment,whether they are by themselves or with a third person,is at risk of physical injury. Members should understand and ensure that they use fitness equipment in a safe and careful manner.
Members should understand that the lockers in this health center is not a safe,and its function is only for members to replace and store clothes,and should not be used for storing personal property. In view of the protection of the privacy rights of members,this health center has not installed any security monitoring equipment in the locker room. Members should avoid carrying valuables during activities in this health center,otherwise they should pay careful attention of their own valuables on them and keep them in a safe manner.
The wellness center is not responsible for the member's items in the locker for any damage, loss or theft or due to the nature of the item or the deliberate or negligence of the member or its accompanying guests.
10. Management of Member App
Member App subscription is provided for members to use. When the contract period expires, the member does not need to return it, and it is not possible to request a refund for early termination of the contract.
Before entering the wellness center, you must use the QR Code provided in the App to register for admission and exit. The wellness App is for your personal use only. You understand that if you do not present the QR Code, you may be denied entry into the wellness center.
You cannot lend or give your member-bound mobile phone and Member App to other third parties to use. If your mobile phone is lost or stolen, you must notify the wellness center immediately. If you violate these terms, you may be required to pay a third party's fees and/or be subject for suspension or termination of your membership. In the case of terminating your membership,you must also pay a contract termination fee.
11. Membership suspension
Under one of these following circumstances can the members submit a written application to suspend membership and extend the active membership period:
Those who must travel abroad for more than two months,but the suspension of membership rights shall not exceed half of the qualification period,which does not include the gifted membership qualifications.
For those who are temporarily unsuitable to use the facilities and services of the health center due to injury,disease or physical discomfort,the membership suspension period shall be handled in accordance with the recommended time of recovery suggested in the medical diagnosis report.
Those who are pregnant or need to raise their own children who are less than six months old.
For those who are unable to use the facilities and services of the health center due to military service,the suspension period of the membership will be handled in accordance to the period of when the military service commences up to the termination of said services,which will be the starting date for the resumption of the membership.
Job transfers,in the occasion that there are affiliated-businesses related to the wellness center within 30 kilometers of the transferred location,or are qualified to a free transfer of membership rights agreement with us in writing. The suspension of membership rights shall not exceed the qualification period. Half of this qualification period does not include the gifted membership qualifications.
In the case of suspension of membership in the preceding paragraph,the member shall proceed in accordance with the company's regulations and attach relevant documentations or certifications and reports for the reasons of suspending said membership.
If a member suspends their membership rights under the circumstances other than the foregoing, it can be permitted unconditionally up to two months maximum, limited to one time. The shortest suspension period is one month, and the validity period of the membership right during the suspension period will be extended.
During the suspension period, members are not allowed to use the facilities of this health center.
Suspension of membership rights shall first be paid for all due fees, and will take effect upon approval by this health center. If you fail to comply with the regulations, the membership rights will be deemed active and will only be terminated according to the original deadline. The health center will not accept applications for retrospective suspensions of membership rights.
12. Termination of contract
After the member has paid the fees, in one of the following circumstances, he may terminate the contract and request a full refund of the paid fees:
The initial period of the signed contract has not yet expired.
Those who have not used the equipment in this wellness center within seven days after the contract takes effect.
If it is a visitor purchase or a mail order, the provisions of the Consumer Protection Law still apply.
13. The member terminates the contract
The member can terminate the contract at any time before the expiration of the contract period.
If the contract is terminated in accordance with the preceding paragraph, refunds or charges shall be processed and liquidated damages shall be calculated in the following ways:
Monthly membership fee will be NTD$ 2,364 per month specified by the wellness center at the time of signing the contract. It is based on twice the amount of monthly fees) multiplied by the actual number of months (if it is under15 days, it is calculated as half a month, and if it exceeds 15 days, it is calculated as one month). If the member's paid fees (including monthly fee,entrance fee and handling fee) exceeds the above-mentioned fees,the health center will refund the balance;if the fee is insufficient,the member should still make up the difference.
Those who prepay for their membership will refund the fees (including monthly fees,membership fees and handling fees) paid by the consumer in proportion to the duration of the contract as the refund amount. The health center may also request a penalty of 20% of the refund amount (not exceeding 20% of the refund amount).
Single-month users are regarded as a one-off transactions,and the contract can be terminated at any time during the validity period of the contract. There is no need to go through procedures and pay termination fees.
Those who purchase fitness training sessions who terminate the contract due to reasons that are not attributable to the member (for example,dismissal of the industry or resignation of the coach) will be multiplied by the actual use of the single session fee upon signing the contract and number of sessions (NTD$ 2,0 for regular sessions and NTD$ 3,0 for advanced sessions) If it is not possible to determine the cost of a single session at the time of the contract,the total cost is divided by the total number of sessions (the decimal point is unconditionally removed). The member may additionally request penalty fees calculated at 1% of the total cost.
If a member has unrecoverable health issues due to injury or illness,which makes them unfit for exercise and requires termination of the contract,the member should submit the necessary documents acquired from the hospital or institutions responsible. Charges of other fees or compensation from members will not be required.
The services or equipment provided by this health center may vary,and after management has made improvements within a certain time frame or has been urged upon members for repairs. Therefore,when the member terminates the contract,the wellness center shall process the refund or calculate the fee in accordance with the second provision. No other fees can be charged. The member may additionally request a penalty fees calculated at 1% of the total cost.
When the two parties have not agreed on the first three clauses,the calculation method that is most beneficial to the rights and interests of the members shall be adopted.
Those who wish to terminate the contract are required to fill in an application for membership suspension,and the refund procedure can only be completed after confirmation by this health center.
13-1. Termination of contract at the Wellness Center
The wellness center may terminate the contract for the following reasons:
Late payment of membership fees (including but not limited to membership fees,monthly fees,maintenance and management fees,etc.).
If the member violates the stipulations in this contract,it may cause serious harm to the health center or other members.
According to a letter from the administrative agency or related information,it is apparent that the member will cause financial or goodwill losses of the health center.
The member’s late fee in the preceding paragraph has reached the monthly fee amount stated in the member contract. The health center informs the member to pay within 10 days in the contract agreement. If the member still owes fees,it will be 20 (inclusive) days from the day following the expiration of the reminder period. The health center may resist members from using their equipment and services,and restore their rights after the fees have been paid. If the payment is not made within 20 days,the contract will be automatically terminated,and any refunds and penalty fees will be calculated in accordance with the provisions of the preceding clause. However,if the contract is still in effect due to the failure to terminate the contract,the health center shall not charge the member for subsequent derivative fees.
If this health center terminates the contract in accordance with the first and second clauses,the refund or the calculation of fees and the calculation of penalty fees will still be processed in accordance with the previous article.
14. Transfer of Membership
During the duration of the contract,if a member transfers his purchased membership to a third party,he shall notify the wellness center in writing, attach valid proof of the reason for the transfer,and hand in the transfer and membership procedures in accordance with the regulations of the wellness center. The member pay the transfer fee of NTD$ 300. To ensure that the transferee has the ability to review the contract,the transferring member must be willing to bear joint and other liabilities with the transferee.
When monthly fee members are transferred, they must settle the relevant fees and dues before the transfer becomes active.
15. Absolute termination of contract
In the event of a member's death, disability or incapacity, the contract will be automatically terminated, and refunds or fees will be processed in accordance with Article 13. No additional penalty fees will be charged.
16. Gifted agreement and its effects
The gifted goods and services should be made in writing and used in accordance with the company's current regulations. The gifted membership cannot not be applied for leave or extension requests. If the contract is terminated early due to a member,no refunds,transfers or use are permitted
17. Notice of Intent
The wellness center will send notifications to members according to the member's email account (E-mail) or contact number or address stated in this contract. Members are responsible for notifying the health center of any changes of contact number, email address, or physical address. The member agrees that this health center may contact them in the manner listed in this notice in order to notify the event information. After the health center sends out a statement of intention, it is assumed that the member understands the intentions of notice from the health center.
18. Consumer Information and Advertising
Regarding consumer information and advertisements, the content of this contract shall be deemed as all agreement between the two parties, except that the obligations of the health center to members shall not be less than the content of the advertisement.
19. Safety precautions
This health center has 24-hour recorded surveillance monitoring.
The health center may retain the surveillance recordings for subsequent review, and the use of member's access control system will also have corresponding records. However,the monitoring system cannot protect you from injuries occurred inside the premises.
You must be cautious when entering or leaving the premises. If you feel threatened or witness any suspicious activity,you can call our dedicated phone line.
Do not let anyone knocking to enter the premises at will,otherwise you may be subject to events of injury,and may cause your membership rights to be revoked.
This health center is equipped with emergency buttons and medical emergency call buttons. When you feel threatened or require medical help,these buttons can send out calls to relevant authorities.
You must turn on the security features of the devices. If you are not sure how to use these machine,you should follow the instructions provided by the staff or coaches.
You are responsible for knowing how to operate emergency alarm systems and agree to use them only in emergency situations.
20. Other matters
This health center will deliver the monthly fee prepaid by the member to the PayNow Trust Services,or other guarantee methods approved by the central competent authorities. PayNow is a retail transaction security system jointly launched by SinoPac Commercial Bank and Lijifu Online Cash Flow Co.,Ltd. In the event of dissolution,closure of business,bankruptcy declaration,cancellation of establishment registration,false seizure or other reasons,the above-mentioned beneficiary right belongs to the member or its assignee.
21. Dispute Resolution
Any dispute arising out of this contract or related to this contract,including the establishment,termination and validity of the contract,or breach of the contract (hereinafter referred to as the "dispute"),you agree to a minimum of seven (7) days for mediation before taking any legal action against this health center. This wellness center will have the absolute right to appoint a representative of the relevant premises to mediate with you.
You agree that you will not disclose to the public any information related to the above-mentioned dispute or mediation within this seven (7) day mediation period,except with the written consent of this health center.
If after mediation,you and this health center cannot reach a dispute resolution method that both parties are satisfied with,the dispute should be governed by the laws of the Republic of China and interpreted in accordance with the laws of the Republic of China. The two parties also agreed that the Kaohsiung District Court of Taiwan shall be the court of first instance jurisdiction. However,Article 47 of the Consumer Protection Law or Article 436-9 of the Civil Procedure Law shall not be excluded from the application of the courts of jurisdiction for small claims.
22. Burden of arbitration and litigation costs
If a member violates this contract or the obligations derived from the principles of good faith,the health center pays referee fees,arbitration fees,attorney fees,etc.,and the member shall compensate the health center in proportion to its liability.
23. Complete collegiate
Unless otherwise provided by law,the rights and obligations of both parties are subject to this contract.
In the conclusion and performance of this contract,both parties should act in good faith,and there should be no fraud or misrepresentation.
After you sign at the bottom of this contract,it means that you have fully read,understood and agreed to be bound by the terms of this contract,and will receive a copy,please sustain the records.
【Fitness Coach Training Session Agreement】
I agree to purchase the physical training sessions provided by the wellness center, and I shall abide by the following special terms:
1. After the member signs this agreement and pays the fitness coaching session fees, they have the right to use the physical coaching sessions provided by the wellness center according to the number of sessions purchased within the validity period of this agreement. Members must complete a specific number of sessions within the time limit specified in this contract,12 sessions in 2 months (within one month is considered as 1 month);24 sessions in 3 months;36 sessions in 5 months;7 months 50 sessions;72 sessions over 10 months. If the sessions are not completed within the time limit, the member will have waived the rights to the number of sessions on its own,and the member shall not have any objections to this.
2. Members should make an appointment with the fitness coach at least 24 hours before attending the fitness coach sessions. If you are to cancel the appointment,you will cancel at least 24 hours before the scheduled session time. The number of sessions cancelled beyond this time frame will still be counted in the used sessions. If you fail to attend the appointment,you will be deemed to have waived the right to the number of sessions at your own will,and the member shall not object