These terms and conditions (these “T&C”) govern the access and use of the SUPER MOTION Centres and SUPER MOTION Facilities. Any person (as Applicant, Subscriber or otherwise) who complete or submit an application form to SUPER MOTION, register as a Subscriber or access or use any of the SUPER MOTION Centres or SUPER MOTION Facilities, shall be deemed to have accepted and agreed to observe and be bound by these T&C.
DEFINITION
“Applicant” means any person who has applied to be a Subscriber by completing and submitting an application form to SUPER MOTION or otherwise.
“Deposit” means the deposit payable by each Subscriber to SUPER MOTION.
“SUPER MOTION” means the one company entity, within SUPER MOTION premises and subsidiaries, sub-brands of SUPER MOTION as specified in the Applicant’s or Subscriber’s application form, confirmation, receipt or otherwise, to whom the Applicant has submitted the application form, who has approved the Subscriber’s application, received the Subscriber’s Deposit or Subscription Fees, and is solely responsible for providing the Subscriber assess to the SUPER MOTION Centres or SUPER MOTION Facilities under these T&C. For the avoidance of doubt, the identity of SUPER MOTION is specific to the SUPER MOTION Centre in which the Applicant or Subscriber has first applied or registered as a Subscriber or otherwise subscribed for access or use of the SUPER MOTION Centres or SUPER MOTION Facilities.
“SUPER MOTION” means any SUPER MOTION fitness centre from time to time operated by SUPER MOTION and access and use is granted by SUPER MOTION to Subscribers subject to these T&C, including in particular:
“SUPER MOTION Facilities” means any fitness equipment and facilities to be provided by or on behalf of SUPER MOTION in any SUPER MOTION Centres for use by Subscribers.
“Subscriber” means any eligible Applicant whose application for Subscription has been approved and confirmed by SUPER MOTION and who has completed all the registration requirements specified in these T&C, including but not limited to payment of Deposit and Subscription Fee to SUPER MOTION.
“Subscription” means subscription to access and use the SUPER MOTION Centres and SUPER MOTION Facilities or access to SUPER MOTION Classes subject to these T&C.
“Subscription Fee” means the subscription fee payable by each Subscriber to SUPER MOTION.
“these T&C” means these Terms and Conditions for SUPER MOTION Fitness Centres for the time being valid and applicable as may be from time to time amended by SUPER MOTION pursuant to and in the manner specified herein.
INTERPRETATION
In these T&C, where the context so permits, the following rules of interpretation apply unless any contrary intention appears:
- uses of the singular includes the plural vice, versa;
- reference to any one gender imports a reference to all genders;
- references to a “person” includes any individual person, partnership, firm, company, body corporate or corporation or organization;
- references to these T&C includes any permitted variation, supplement to, replacement or novation of these T&C;
- references to a Clause are to a clause of these T&C except where otherwise stated;
- headings to Clauses are for the purpose of information and identification only and do not form part of these T&C;
- any undertaking by an Applicant or a Subscriber not to do any act or thing shall be deemed to include an undertaking by that Applicant or Subscriber not to permit or suffer the doing of that act or thing; and
- references to statutory provisions shall be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions from time to time and shall include any provisions of which they are re-enactments (whether with or without modification).
APPLICATION
All applications for Subscription are subject to eligibility of the Applicant, completion execution and submission of such application form and other formalities by the Applicant as may be from time to time required by SUPER MOTION, and approval by SUPER MOTION at its sole and absolute discretion.
SUPER MOTION reserves the absolute right to decline any application, or grant approval subject any conditions as SUPER MOTION may at its sole and absolute discretion consider appropriate.
COOLING OFF PERIOD
All registration of Subscriptions have a 24-hour cooling off period commencing upon receipt of Deposit or first Subscription Fee by SUPER MOTION
During this cooling off period, the Subscriber may terminate the Subscriber’s Subscription immediately subject to payment to SUPER MOTION by the Subscriber of an administration fee equivalent to 3% of the Deposit and Subscription Fee (or such other amount as SUPER MOTION may from time to time announced); and charges for all products or services that has already been supplied by SUPER MOTION to the Subscriber, including but not limited to ID Key and Pin number.
In case of termination of Subscription pursuant to this Clause, subject to payment of the aforesaid fees and charges by the Subscriber, all Deposit and Subscription Fee previously paid by the Subscriber shall be refunded to the Subscriber.
SUBSCRIPTION
There are currently three classes of Subscription, namely:
- Monthly Prepay Gym Access Subscription;
- Full Prepaid Gym Access Subscription; and
- Group Class Prepaid Packages.
SUPER MOTION may from time to time create and offer other classes of Subscription.
All Subscriptions are subject to termination by SUPER MOTION immediately at the expiry of the current Subscription term without cause or prior notice.
Monthly prepay Subscription is of terms of one (1) month each renewable consecutively and automatically unless the Subscriber serves not less than thirty (30) days prior written notice on SUPER MOTION of the Subscriber’s intention not to further renewal the Subscription by completing such forms and formalities as SUPER MOTION may from time to time prescribed.
SUBSCRIPTION FEE AND PAYMENT
All Subscriptions are subject to punctual advance payment by each Subscriber of Subscription Fee of such amount from time to time specified and announced by SUPER MOTION, by autopay, credit cards and/or in other such manners as may from time to time be prescribed by SUPER MOTION and pursuant to these T&C.
Subscription Fee for monthly prepay Subscription shall be paid by Subscribers monthly in advance prior to the commencement of the relevant month and Subscription Fee for Full Prepaid Gym Access Subscription and Group Class Prepaid Packages shall be paid in full amount for the entire subscription period by Subscribers in advance prior to/ on the same day of the commencement of the subscription.
Save and except for termination during the cooling off period, by SUPER MOTION without cause or for variation of these T&C, all Subscription Fee once received by SUPER MOTION will in no event be refundable to Subscribers.
No auto payment for Subscription Fee may be cancelled unless the Subscription has been duly terminated pursuant to this Clause.
In addition and without prejudice to any other rights and remedies available to SUPER MOTION under these T&C and applicable laws, if any payment by Subscriber under these T&C is delayed for more than ten (10) days after the applicable due date, the Subscriber shall be liable to immediately upon request pay an additional administrative charges equal to ten per cent (10%) of the amount due to SUPER MOTION, subject to a minimum amount of HKD$40.00 (or such other amount as SUPER MOTION may from time to time announced).
As far as payment of Subscription Fee and any other moneys by Subscribers or Applicants is concerned, time is of the essence of these T&C.
DEPOSIT
It is a condition precedent for any Subscription to be commenced and valid that the Subscriber has duly paid a Deposit to SUPER MOTION prior to commencement of the Subscription in such manner as from time to time prescribed by SUPER MOTION.
The amount of such Deposit is equivalent to one month of subscription fee per Subscriber for all types of Gym Access Subscription. SUPER MOTION reserves the right to from time to time adjust the amount of the Deposit and Subscribers shall upon request immediately pay SUPER MOTION any shortfall accordingly.
The Deposit paid by a Subscriber shall be retained by SUPER MOTION free of any interest throughout the terms of the Subscriber’s Subscription.
In the event of any breach of these T&C by the Subscriber (including but not limited to failure or delay to make any payment, or loss and damages caused to any SUPER MOTION Facilities), SUPER MOTION shall be entitled to, deduct from the Deposit the amount of any overdue payments, administrative fees and any other loss and damages incurred or suffered by SUPER MOTION caused by or incidental to such breach.
In the event of any deduction of the Deposit pursuant to this Clause, the Subscriber shall as a condition precedent to the continuation of the Subscription with SUPER MOTION immediately upon request pay SUPER MOTION the amount so deducted.
Subject as aforesaid, the Deposit (or the balance thereof) shall be refunded to the Subscriber by SUPER MOTION without interest within thirty (30) days after the expiry or termination of the Subscriber’s Subscription and settlement of the last outstanding claim by SUPER MOTION against the Subscriber, whichever is later. In case if the Subscriber does not collect any refund (by cheques or otherwise) of Deposit (or the balance thereof) within six months after the Subscriber is notified that such refund is available for collection, then the Subscriber shall for all purposes be conclusively deemed to have waived and renounced such refund, and SUPER MOTION shall immediately cease to have any further obligations or liabilities to refund or repay any of such Deposit to the Subscriber.
The right and remedy of SUPER MOTION under this Clause is in addition and without prejudice to any other rights and remedies available to SUPER MOTION under these T&C or applicable laws, including but not limited to terminate the Subscriber’s Subscription.
SUPER MOTION CENTRES
While one or more of the SUPER MOTION Centres are generally opened for access twenty-four (24) hours, three hundred sixty-five (365) days a year including public holidays and during severe weather warnings, SUPER MOTION reserve its right to close any SUPER MOTION Centres, or decline access or use of any SUPER MOTION Centres or SUPER MOTION Facilities by all or any of the Subscribers, at any times without prior notice or compensation for any reasons whatsoever (including but not limited to maintenance, emergency, compliance and prevention of crimes or accidents).
SUPER MOTION Centres with 24 hours gym access are operated on self-serving basis and will generally opened without any onsite staff, except certain select hours during the day to be from time to time determined by SUPER MOTION for its own convenience and at its sole and absolute discretion. Subscribers shall keep the SUPER MOTION Centres and SUPER MOTION Facilities clean and tidy and facilitate their access and use by other Subscribers.
All SUPER MOTION Centres and SUPER MOTION Facilities, including but not limited to their availability, operation hours, and all other details, are subject to change from time to time, without prior notice, in the sole and absolute discretion of SUPER MOTION. In no event shall SUPER MOTION be liable to any Subscribers in relation to the availability or condition of any of the SUPER MOTION Centres and SUPER MOTION Facilities.
SUPER MOTION may from time to time relocate or permanently close any SUPER MOTION Centres without prior notice or compensation to Subscribers.
Each Subscribers acknowledges and accepts that CCTV surveillance cameras may be operated and cover all or any areas (except inside the bathrooms) of SUPER MOTION Centres and all or any of the 24 hours a day. All information obtained from the CCTV will be used for security, prevention of crime and related purposes only. SUPER MOTION shall from time to time delete information obtained from the CCTV, and does not represent or warrant that CCTV recording will be active at any particular time or cover any particular area of the SUPER MOTION Centres, or any information so obtained by SUPER MOTION will be available or intact.
SUBSCRIPTION ACCESS
Subscribers are entitled to access and use the specific SUPER MOTION Centre(s) applied by the Subscribers and approved by SUPER MOTION only and SUPER MOTION Facilities therein subject to these T&C during the term of their Subscription.
Right to use and access to SUPER MOTION Centres and/or SUPER MOTION Facilities are personal to each Subscriber. No Subscriber may allow any other person to access or use any SUPER MOTION Centres and/or SUPER MOTION Facilities, along with the Subscriber or otherwise.
Subscribers may be issued security tokens for accessing the SUPER MOTION Centres and/or SUPER MOTION Facilities, which may include, inter alia, an ID Key or ID code. While such security tokens shall at all times remain the properties of SUPER MOTION, SUPER MOTION may charge Subscriber administrative fees for issuance or reissuance of such security tokens in such amount as SUPER MOTION may from time to time at its sole and absolute discretion consider appropriate.
Each Subscriber shall keep the securities tokens safe and secure, and shall not allow any other persons to possess, control or use such securities tokens or to access or use any of the SUPER MOTION Centres or SUPER MOTION Facilities, by using such securities tokens or otherwise.
In case of any security tokens issued to a Subscriber is lost, damaged or compromised, the Subscriber shall immediately notify SUPER MOTION in writing accordingly. Irrespective of such notification, the Subscriber shall remain fully liable for use or abuse of such securities tokens as if they were used or abused by the Subscriber personally.
Each Subscriber undertakes to fully indemnify and keep SUPER MOTION at all time harmless from any loss, damages incurred or suffered by SUPER MOTION or any third parties (including but not limited to any other entities within SUPER MOTION ) and other consequences of breach of this Clause by the Subscriber. In case if SUPER MOTION suspects that such breach constitutes a crime, SUPER MOTION shall report to police for investigation and criminal prosecution.
SUBSCRIBER UNDERTAKINGS
Each Subscriber agrees and undertakes to:
- refrain from using, handling or moving any SUPER MOTION Facilities in any manner not authorized by SUPER MOTION, contrary to these T&C or that unreasonably compromises the safety of the Subscriber or any other persons;
- clean and wipe down all SUPER MOTION Facilities used by the Subscriber with the supplies provided by SUPER MOTION immediately after each use;
- refrain from causing any nuisance or disturbance which may interfere with the use and enjoyment of the SUPER MOTION Centres and SUPER MOTION Facilities by any other Subscribers;
- access and use the SUPER MOTION Centres and SUPER MOTION Facilities in a quiet, and well-mannered fashion;
- allow other persons waiting to use any particular SUPER MOTION Facilities to work into their rotation, and not to occupy any particular SUPER MOTION Facilities for an extended period of time;
- not to use or exhibit any profanity, abusive or indecent language or behavior in any SUPER MOTION Centres;
- wear appropriate clothing and footwear while in any SUPER MOTION Centres, which may include T-shirts, jogging suits, aerobic wear and sweat outfits (street clothing and jeans are not considered appropriate clothing and can damage the SUPER MOTION Facilities and their upholstery.
- at all times properly keep and be solely responsible for any loss or damages to the Subscriber’s own personal properties and belongings; and
- be responsible for all loss or damages to the SUPER MOTION Centres or SUPER MOTION Facilities caused by the act, omission, default or negligence of the Subscriber shall immediately upon request pay such loss and damages to SUPER MOTION.
- Alcohol, drugs (including steroids), and smoking are strictly prohibited within all the SUPER MOTION Centres. Subscribers shall not access or use the SUPER MOTION Centres or the SUPER MOTION Facility, or engage in any activity therein or therewith while under the influence of alcohol, drugs or medication that may impair their ability to operate the equipment properly and safely.
- No weapons of any kind are allowed to be taken into any SUPER MOTION Centres.
- No photography, videotaping, filming or audio recording is permitted within any SUPER MOTION Centres without the express written consent of SUPER MOTION.
- Gambling and gaming are strictly prohibited within all SUPER MOTION Centres.
- SUPER MOTION reserves the right to, in its sole and absolute discretion, from time to time limit the consumption of food or beverages, or the use of outside equipment within any SUPER MOTION Centres.
- Any breach or non-compliance with any of the provisions or undertakings in this Clause by a Subscriber shall be breach that entitled SUPER MOTION to terminate this Agreement immediately .
RULES AND REGULATIONS
SUPER MOTION may from time to time establish rules and regulations for the safety and protection of the Subscribers. Such rules and regulations in effect from time to time are deemed to have incorporated into and form part of these T&C.
Each Subscriber shall observe and be bound by such rules and regulations once they are established and announced by SUPER MOTION.
DISCLAIMER AND LIMITATION OF LIABILITIES
Each Subscriber confirms and acknowledges that there are natural hazards and risks connected with physical fitness training and the Subscriber shall be solely and fully responsible for all such hazards and risks and all their consequences;
the natural hazards and risks may include, but not be limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendonitis, cartilage tears, bursitis, back pain and bruising of joints;
exercise or use of fitness equipment improperly or beyond one’s physical limits and/or accidents involving exercise equipment may result in serious injury or even death; and
as SUPER MOTION Centres are operated on self-serving basis and will be generally opened without any onsite staff, the Subscriber shall at all times solely and fully responsible for the Subscriber’s own safety and wellbeing and that of other Subscribers.
To the fullest extent allowed by law, each Subscriber hereby waives and releases SUPER MOTION and all other entities within SUPER MOTION and their respective officers, employees agents, affiliates, contractors and services providers from any and all liabilities arising out of any loss, damage or injury incurred or suffered by the Subscriber at any time in relation or incidental to the Subscriber’s access or use of the SUPER MOTION Centres or SUPER MOTION Facilities.
Each Subscriber agrees to defend, fully indemnify and hold at all times harmless SUPER MOTION against any loss, damage or expense incurred or suffered by SUPER MOTION or any third parties (including but not limited to any other entities within SUPER MOTION) by reason of any claim or liability based upon personal injury (including death) or property damage arising out of the acts, omissions, negligence, recklessness, default of, and/or breach of these T&C by, the Subscriber.
Without prejudice to the foregoing and to the fullest extent allowed by law, the total aggregate liabilities of SUPER MOTION towards any Subscriber in relation or incidental to this Agreement, access and/or use of any SUPER MOTION Centres and/or SUPER MOTION Facilities shall in any event limited to the Subscription Fee actually received by SUPER MOTION from the Subscriber for the three (3) month (to be determined on a pro-rata basis if necessary) immediately before such liabilities first arisen.
For the avoidance of doubt, although other entities within SUPER MOTION may from time to time assist and facilitate SUPER MOTION to provide the Subscribers access and use of the specific SUPER MOTION Centres and SUPER MOTION Facilities pursuant to these T&C, none of them shall have any contractual relationship with, or contractual obligations or liabilities of any nature whatsoever towards, the Subscriber in relation or incidental to such access or use by or the Subscription of the Subscribers.
FREEZE OF SUBSCRIPTION
While Subscription Fees are not refundable except pursuant to above specified clauses of these T&C, Subscribers may from time to time apply to freeze their Subscription pursuant to this Clause.
Application to freeze any Subscription pursuant to this Clause shall be:
- subject to approval by SUPER MOTION at its sole and absolute discretion;
- for whole monthly periods from a minimum of one (1) month up to a maximum of twelve (12) months only;
- made by not less than fourteen (14) days prior written notice by way of completing such forms and formalities as SUPER MOTION may from time to time prescribed; and
- in no event made or taken effect retroactively.
If any Subscription is frozen pursuant to this Clause:
- the Subscriber shall pay SUPER MOTION administrative fees of HK150 (or such other amount as SUPER MOTION may from time to time announced) per month (or part of a month) throughout the frozen period;
- the current term of the Subscription shall be automatically postponed by the frozen period accordingly; and
- during the frozen period, a Subscriber may not terminate the Subscription, or exercise any rights or enjoy any benefits of the Subscription, including but not limited to accessing or using any SUPER MOTION Centres or SUPER MOTION Facilities or engaging in any personal training sessions.
TERMINATION OF SUBSCRIPTION
Notwithstanding anything herein to the contrary, SUPER MOTION shall have the right to at any time without cause terminate any Subscription by serving on the Subscriber not less than thirty (30) days’ prior notice in writing, by email or other electronic means. In such case, balance of the Deposit (if any) pursuant to Clause 9(f) shall be refunded to the Subscriber. Subject thereto, SUPER MOTION shall have no further obligations or liabilities whatsoever towards the Subscriber in relation or incidental to the termination pursuant to this Clause.
SUPER MOTION may at any time immediately terminate any Subscription, or temporarily suspend any Subscriber’s Subscription or access and/or use of all or any of the SUPER MOTION Centres and SUPER MOTION Facilities for as long as SUPER MOTION may at is sole and absolute discretion consider appropriate, if the Subscriber:
fails to pay any sum due and payable to SUPER MOTION under these T&C; or
breaches of any of the provisions in T&C or fails to comply with SUPER MOTION reasonable requirements in relation to the access and use of the SUPER MOTION Centre or SUPER MOTION Facilities; or
becomes insolvent or bankrupt or unable to pay its debts; or
has provided any information to SUPER MOTION which is found or reasonably believed by SUPER MOTION to be false, inaccurate, incomplete or misleading.
Termination of these T&C will not affect any of SUPER MOTION’s existing right or liability prior to such termination.
COLLECTION OF PERSONAL DATA
Each Subscriber acknowledges and accepts that all information supplied to SUPER MOTION in connection with these T&C will be used and handled by SUPER MOTION in accordance with SUPER MOTION’s Privacy Policy.
Each Applicant and Subscriber hereby authorizes and gives consents to SUPER MOTION to use the Subscriber’s personal data (as defined in the Personal Data (Privacy) Ordinance (Cap. 486)) supplied in connection with these T&C for the purposes of processing application, verifying identify, allowing accessing to SUPER MOTION Centres and other related purposes.
Each Subscriber has the right to request access to information held by SUPER MOTION about the Subscriber and to update and correct such information. Such request should be made in writing to the administrative office of SUPER MOTION at info@supermotion.com.hk. SUPER MOTION reserves the right to impose a reasonable charge to cover the costs of complying with such request.
GENERAL
These T&C together any documents referred to herein is the complete and exclusive statement of the agreement between a Subscriber and SUPER MOTION in relation to the use and access to SUPER MOTION Centres and SUPER MOTION Facilities, and supersedes all representations or other communications between the Subscriber and SUPER MOTION in relation thereto.
Subscribers are not allowed to assign, transfer, convey, licence or otherwise dispose of the Subscription or all or any of their rights and obligations under these T&C.
Each Subscriber agrees to indemnify SUPER MOTION for all losses, damages or expenses (including but not limited to legal costs) incurred by SUPER MOTION or any third parties (including but not limited to any other entities within SUPER MOTION) in connection with the enforcement of these T&C by SUPER MOTION against the Subscriber.
Each Subscriber warrants that (i) all information provided by the Subscriber to SUPER MOTION are true, correct, complete and not misleading and undertakes keep SUPER MOTION update immediately in case if any change to such information; and (ii) SUPER MOTION may rely on all such information with verification.
No failure or delay by SUPER MOTION to exercise any right, power or remedy under these T&C shall operate as a waiver thereof nor shall any single or partial exercise by SUPER MOTION of any right, power or remedy.
Any waiver, concession or extra time SUPER MOTION may allow a Subscriber is limited to the specific circumstances in which it has been given and does not affect SUPER MOTION’s right power or remedy under these T&C in any other way.
The rights, powers and remedies of SUPER MOTION herein are cumulative and are not exclusive of any rights, powers or remedies available to SUPER MOTION under any applicable laws or otherwise.
If any provision in these T&C is ruled to be unenforceable, it shall be ineffective only to the extent of the unenforceability only. All other provisions in these T&C shall remain in full force and effect.
These T&C are governed by the laws of Hong Kong and each Applicant and Subscriber submits to the non-exclusive jurisdiction of Hong Kong courts.
These T&C is available in both English and Chinese. In case of any conflict, the English version shall prevail.