Legal

Terms & Conditions

Member Terms & Conditions

By accessing, registering for, purchasing, or using any services, facilities, mobile applications, web applications, digital platforms, Personal Training or Group Classes operated by Fitcom Fitness Sdn. Bhd. ("Fitcom", "we", "our", "us"), you ("Member", "Client", "User") acknowledge that you have read, understood, and agree to be legally bound by the following Terms & Conditions.

1. Interpretation

Unless the context otherwise requires:

  • (a) "Fit Credits" means the prepaid credits purchased or otherwise issued by Fitcom which may be used to pay for eligible Services in accordance with these Terms & Conditions.
  • (b) "Group Class" means any trainer-led fitness class, programme or session organised or conducted by Fitcom on a scheduled date and time.
  • (c) "Initial Payment Date" means the date on which Fitcom receives the Member's first payment for the applicable Personal Training package, whether paid in full or by the first instalment.
  • (d) "Member" means any person who registers for, purchases or uses any Services provided by Fitcom.
  • (e) "Personal Trainer" means any Trainer, coach or instructor appointed by Fitcom to provide Personal Training.
  • (f) "Personal Training" means the one-to-one or personalised fitness training services provided by Fitcom.
  • (g) "Services" means the fitness-related services provided by Fitcom from time to time, including Personal Training, Group Classes, training packages and any other related services offered by Fitcom.
  • (h) "Trainer" means any trainer appointed by Fitcom to conduct Personal Training or Group Classes.

2. Health Declaration & Personal Responsibility

You confirm that you are in a suitable physical and medical condition to participate in Personal Training, Group Classes and any other Services provided by Fitcom. You acknowledge that Fitcom does not provide medical advice and that all training programmes, assessments and recommendations are provided for general fitness purposes only. You are responsible for ensuring that you are medically fit to participate in the Services. If you have any medical condition, illness or injury that may affect your ability to participate safely, you should seek appropriate medical advice before participating and inform Fitcom accordingly. Fitcom reserves the right to refuse, suspend or terminate your access to the Services if health or safety concerns arise. If you fail to disclose, conceal or misrepresent any medical condition, illness or injury: you assume full responsibility for any injury, loss or damage arising from such non-disclosure; Fitcom shall not be liable for any injury, loss or damage arising from such non-disclosure; and Fitcom may refuse, suspend or terminate your access to the Services with immediate effect, without refund.

3. Voluntary Participation & Assumption of Risk

You acknowledge that participation in Personal Training, Group Classes and any other Services provided by Fitcom involves inherent risks, including but not limited to muscle strain, injury, illness, disability, or, in rare cases, death. You acknowledge that participation is voluntary and undertaken entirely at your own risk. Fitcom shall not be liable for any injury, loss or damage arising from your participation in the Services except where caused by Fitcom's negligence or wilful misconduct.

4. No Guarantee of Results

Fitcom makes no guarantees regarding fitness outcomes, physical appearance, strength gains, weight loss, health improvements, or performance results from participating in Personal Training, Group Classes or any other Services. Individual results vary based on effort, consistency, genetics, lifestyle, and adherence.

5. WebApp, Mobile App & Digital Platforms Use

Fitcom's web applications, mobile applications, dashboards, tracking tools, and digital platforms are provided on an "as-is" and "as-available" basis. While Fitcom will use reasonable efforts to ensure their availability and functionality, Fitcom does not guarantee uninterrupted access, error-free operation or the accuracy of any information displayed. Fitcom shall not be liable for any interruption, delay, technical malfunction, data loss or other issues arising from the use of its web applications, mobile applications or digital platforms, except where caused by Fitcom's negligence or wilful misconduct. You are responsible for keeping your account credentials secure and for all activities carried out under your account.

6. Accuracy of Information

You are responsible for ensuring that all information provided to Fitcom, including your personal details, health declarations and other relevant information, is accurate, complete and up to date. Fitcom shall not be liable for any loss, damage or consequences arising from any inaccurate, incomplete or misleading information provided by you.

7. Payment Methods & Terms

Fitcom offers the following payment options:

7.1 Full Payment

Accepted methods:

  • (a) Online bank transfer;
  • (b) MYR cash; and
  • (c) Touch & Go / DuitNow / QR Pay.

7.2 Installment Plan

  • (a) Online credit card installment (6 months)
    • Supported banks: RHB / OCBC / AFFIN / UOB / AMBANK (available through Fitcom's online payment gateway)
  • (b) Offline credit card installment (6 or 12 months)
    • Public Bank only (available via Fitcom's in-gym credit card terminal)

7.3 Manual Installment (2–3 months)

  • (a) Manual installment plans are available for all banks.
  • (b) Eligibility conditions:
    • For Personal Training packages of 24 to 35 sessions: eligible for up to 2-month manual installment.
    • For Personal Training packages of 36 sessions and above: eligible for up to 3-month manual installment.

7.4 Late Payments

  • (a) A payment shall be deemed late if it is not received within three (3) calendar days from the scheduled due date (i.e. the 5th or 15th of the month, as applicable).
  • (b) In the event of late payment, Fitcom reserves the right, at its sole discretion, to pause or suspend the Member's access to the relevant Services and/or forfeit the remaining unused Personal Training sessions under the applicable package.

7.5 Installment Payment Schedule

  • (a) Installments will be billed on either the 5th or 15th of each month.
  • (b) For purchases made on or before the 15th of a given month, the first installment will be charged on the 5th of the following month.
  • (c) For purchases made after the 15th of a given month, the first installment will be charged on the 15th of the following month.

7.6 General Payment Conditions

  • (a) Full payment or, where applicable, the installment arrangement must be completed before the Member is entitled to participate in the relevant Service.
  • (b) Once an installment plan is set, it is non-refundable and may not be varied regardless of whether any sessions have commenced.
  • (c) An official invoice will be issued for all payments. Members are encouraged to retain proof of payment for their records.

8. Fit Credits

8.1 General

Fit Credits are prepaid credits that Members may purchase and use to pay for eligible Services. Fit Credits are non-cash in nature and may only be used within the Fitcom platform.

8.2 Purchase of Fit Credits

The purchase or top-up of Fit Credits is not treated as a purchase of Services. No invoice will be issued when Fit Credits are purchased or topped up. An invoice will be issued only when Fit Credits are used to pay for specific Services.

8.3 Validity Period

Fit Credits are issued with a validity period determined by Fitcom, which may vary depending on the package, promotion or credit type purchased. The applicable expiry date will be displayed in the Member's account at the time of purchase. Members are solely responsible for checking the applicable expiry date before completing any purchase or top-up.

8.4 Extension of Validity

If a Member purchases or tops up additional Fit Credits before the existing Fit Credits expire, the validity period of the existing Fit Credits shall automatically be extended in accordance with the validity period applicable to the newly purchased Fit Credits, unless otherwise determined by Fitcom.

8.5 Promotional Credits

Fitcom may, at its sole discretion, grant additional Fit Credits on a promotional, reward or bonus basis ("Promotional Credits"). Promotional Credits have no monetary value; are non-refundable; are non-transferable unless otherwise approved by Fitcom; and may be subject to separate validity periods, redemption conditions or promotional terms as determined by Fitcom.

8.6 Refund of Fit Credits

A Member may request a refund of unused purchased Fit Credits at any time before the applicable expiry date, subject to Fitcom's approval.

Where a refund is approved:

  • (a) all Promotional Credits shall first be deducted in full;
  • (b) any purchased Fit Credits already utilised shall be deducted based on the prevailing value of the Services utilised; and
  • (c) only the remaining unused balance of purchased Fit Credits (excluding Promotional Credits), if any, shall be refunded.
  • (d) The Member shall not be entitled to retain any benefit derived from Promotional Credits following any refund.

8.7 Expiry and Forfeiture

Upon expiry of the applicable validity period, any unused Fit Credits (including Promotional Credits) shall automatically expire, be forfeited without compensation, and shall not be refundable.

8.8 Transferability

Fit Credits are personal to the Member and may only be used by the Member in accordance with these Terms & Conditions. Fit Credits are not transferable or assignable unless otherwise approved in writing by Fitcom.

9. Refund

9.1 7-Day Unconditional Refund

Members are entitled to a 100% refund within seven (7) days from the initial payment date, regardless of whether the sessions have commenced. If any sessions are used within this seven (7)-day period, the refund amount will be adjusted by deducting the used sessions at Fitcom's standard session rate.

9.2 Partial Refund (Day 8 to Day 30)

Refund requests submitted between day 8 and day 30 following the initial payment date will be subject to a 30% cancellation fee based on the full training package price, irrespective of session usage. Any used sessions will be deducted at the standard session rate. The remaining balance will be refunded within fourteen (14) working days upon approval of the refund request.

9.3 No Refund After 30 Days

Refunds are not available after thirty (30) days from the initial payment date unless due to a verified medical condition.

To apply for a medical exemption:

  • (a) Members must submit a written request together with a doctor's letter confirming they are medically unfit to continue training.
  • (b) Fitcom will review the request and may grant a partial refund at its sole discretion.
  • (c) If approved, the refund amount will be calculated as follows:
    • Total training package price − 30% cancellation fee − charges for used sessions at the standard session rate.
  • (d) Any approved refund will be processed within fourteen (14) working days from the approval date.
  • (e) Fitcom's decision shall be final and non-negotiable.

For the avoidance of doubt, dissatisfaction with training results, scheduling conflicts, personal commitments, change of mind or other non-medical reasons shall not constitute valid grounds for any refund under this Clause.

10. Expiration of Personal Training Sessions

All Personal Training sessions must be completed within three hundred and sixty-five (365) days from the initial payment date. Any unused Personal Training sessions remaining after this period shall be forfeited. It is the Member's sole responsibility to monitor session usage and expiry dates.

11. Cancellation & Attendance Policy

It is the Member's sole responsibility to manage and confirm all appointment times and to ensure timely communication with the assigned Personal Trainer regarding any cancellations or changes in training sessions.

11.1 Attendance and Advance Notice

If the Member is unable to attend a scheduled Personal Training session, the Member must notify the assigned Personal Trainer at least three (3) hours in advance.

11.2 No-Show and Short-Notice Cancellations

Any session missed without notice or cancelled less than three (3) hours before the scheduled start time shall be considered used and is strictly non-refundable, unless otherwise approved under Clause 11.4 below. Failure to provide the required notice on more than three (3) occasions may result in the forfeiture of one (1) session, to be deducted from the Member's package at Fitcom's sole discretion.

11.3 Lateness

If the Member arrives late for a scheduled Personal Training session, the session shall nevertheless end at the originally scheduled time unless otherwise determined by Fitcom or the assigned Personal Trainer. Any time lost due to the Member's late arrival shall not be replaced, extended or refunded.

11.4 Emergency Cancellations

Emergency or last-minute cancellations (e.g. due to sudden illness, accidents or family emergencies) will be reviewed on a case-by-case basis, subject to Fitcom's sole discretion. Supporting documentation may be requested by Fitcom.

12. Program Modifications & Suspension

12.1 Modifications by Fitcom

  • (a) Fitcom or the assigned Personal Trainer reserves the right to modify, vary or temporarily suspend any Services at any time based on the Member's progress, health status, physical readiness, safety considerations and/or operational requirements.
  • (b) Fitcom reserves the right to vary the scheduled duration of any Personal Training session or Group Class session by up to ten (10) minutes where reasonably necessary for coaching, operational or safety purposes. Such variation shall not entitle the Member to any refund, replacement session or compensation.

12.2 Temporary Suspension by Member

The Member may request to temporarily suspend the Personal Training package for up to three (3) months only due to valid reasons such as injury, medical reasons or extended travel. All requests must be submitted in writing and accompanied by supporting documents as proof. Fitcom reserves the right to approve or reject any temporary suspension request at its sole discretion. A suspension does not extend the package expiry unless otherwise approved by Fitcom in writing.

13. Personal Trainer Assignment & Substitution

Fitcom reserves the right to assign or substitute the Member's Personal Trainer at any time due to scheduling, availability, leave, illness, operational requirements or other unforeseen circumstances. Such substitution shall not entitle the Member to any refund, replacement session or cancellation of the Personal Training package.

14. Personal Training Package Transfer Policy

14.1 Transfer of Package

Members may request to transfer their remaining Personal Training sessions to another individual subject to Fitcom's approval and the execution of any document required by Fitcom.

14.2 Immediate Family Transfer

In the event the Member is unable to continue training due to valid personal circumstances, a one-time, unconditional transfer of all remaining unused sessions may be made to an immediate family member only (e.g. spouse, parent or sibling).

14.3 Transfer Request

To initiate a transfer, the Member must submit a request through the Fitcom platform or by such other method as may be prescribed by Fitcom from time to time, together with the following information: Name of the purchased Personal Training package; Member's full name (as per NRIC); Member's NRIC / Passport number; Member's contact number; Recipient's full name (as per NRIC); Recipient's NRIC / Passport number; and Recipient's contact number.

14.4 Transfer Conditions

  • (a) Each package is eligible for one (1) transfer only. Further transfers shall not be permitted.
  • (b) Once transferred, the recipient becomes the sole authorised user of the package.
  • (c) The recipient must undergo any consultation or onboarding process required by Fitcom before commencing any training sessions.
  • (d) Transferred sessions are strictly non-refundable.
  • (e) All transfer requests are subject to Fitcom's final approval at its sole discretion.
  • (f) Transferred Personal Training sessions shall remain subject to the original expiry date and shall not be extended by reason of the transfer.
  • (g) Transferred Personal Training sessions may not be exchanged for cash, converted into Group Classes, credited towards any other package or service, or otherwise redeemed unless approved by Fitcom.

15. Group Class Terms [This Clause applies exclusively to Group Classes and does not apply to Personal Training Packages]

15.1 Cancellation

  • (a) A Member who cancels a booked Group Class more than three (3) hours before the scheduled commencement time shall be entitled to a full refund.
  • (b) Any cancellation made within three (3) hours before the scheduled commencement time, or failure to attend the booked Group Class, shall be deemed utilised and shall not be refundable.
  • (c) Where Fitcom cancels a scheduled Group Class due to trainer availability, operational requirements, insufficient participants or any other reasonable circumstances, the Member shall be entitled to a full refund of the amount paid for the affected Group Class.

15.2 Validity

  • (a) Each Group Class purchase is valid only for the specific class, date and time selected at the time of booking.
  • (b) Group Class purchases may not be carried forward, rescheduled, converted into Personal Training sessions or applied towards any future class unless otherwise approved by Fitcom.
  • (c) Any Group Class not attended at the scheduled date and time shall automatically lapse and be deemed fully utilised without refund, replacement or compensation.
  • (d) Fitcom reserves the right to assign, rotate or substitute Trainers for any Group Class at any time due to scheduling, operational requirements or other reasonable circumstances. Such substitution shall not entitle the Member to any refund, replacement or compensation.
  • (e) Members are encouraged to arrive at least fifteen (15) minutes before the scheduled commencement of the Group Class and must check in in accordance with Fitcom's procedures. Fitcom reserves the right to refuse entry to Members who arrive late where admission may disrupt the class or compromise the safety of participants.

15.3 Class Capacity

Group Class bookings are subject to availability. Fitcom reserves the right to limit the number of participants for any Group Class and to close bookings once the maximum class capacity has been reached.

16. Membership Discounts

Members may enjoy discounts on selected Services as determined by Fitcom from time to time. Membership discounts are not applicable to packages, bundles, promotional offers or programs that already include complimentary, bonus or additional sessions, Fit Credits or other benefits, unless otherwise expressly stated by Fitcom. Fitcom reserves the right to determine the applicability of membership discounts to any package, bundle, promotion or programs.

17. Facilities & Equipment Use

  • (a) You must use all facilities and equipment safely, responsibly and hygienically, and must follow all instructions provided by Fitcom personnel. Misuse, negligence or failure to comply with Fitcom's instructions may result in injury and/or suspension or termination of your access to Fitcom's facilities and Services.
  • (b) Members shall comply with all hygiene, cleanliness and safety requirements imposed by Fitcom from time to time, including any footwear or equipment requirements applicable to Fitcom's facilities.
  • (c) Members are responsible for their own personal belongings. Fitcom shall not be liable for any loss of or damage to personal belongings brought onto its premises unless caused by Fitcom's negligence or wilful misconduct.
  • (d) Access to Fitcom's studio is permitted only for Members attending scheduled Personal Training sessions, Group Classes or otherwise authorised by Fitcom. Self-training or unauthorised use of the studio is prohibited unless expressly permitted by Fitcom.

18. Photography & Media Consent

Fitcom may capture photographs, videos or other recordings for documentation, training, marketing or promotional purposes. Members who do not wish to be featured in any photographs, videos or recordings must notify Fitcom in writing or inform the relevant Personal Trainer or Trainer before the commencement of the relevant Group Class or Personal Training session.

19. Minors

Members under the age of eighteen (18) years must obtain the written consent of a parent or legal guardian before registering for or participating in any Fitcom Services. The parent or legal guardian shall be responsible for the minor and agrees to be bound by these Terms & Conditions on behalf of the minor.

20. Intellectual Property

All programs, systems, software, mobile applications, web applications, content, materials, training programmes, documents, graphics, logos, visuals and other intellectual property made available by Fitcom are and shall remain the exclusive property of Fitcom. No part thereof may be copied, reproduced, distributed, modified, published or otherwise used without Fitcom's prior written consent.

21. Termination of Services

Fitcom reserves the right to refuse, suspend or terminate any Member's access to its Services or digital platforms immediately, with or without prior notice, where:

  • (a) the Member breaches these Terms & Conditions;
  • (b) there are health or safety concerns;
  • (c) the Member engages in misconduct, abusive, disruptive or inappropriate behaviour;
  • (d) the Member misuses any Fitcom facilities, equipment or digital platforms;
  • (e) the Member fails to make payment in accordance with these Terms & Conditions; or
  • (f) Fitcom reasonably considers such suspension or termination necessary to protect its business, Members, trainers or operations.

Any unused Services, Fit Credits or other benefits may be forfeited, subject to any applicable refund provisions contained in these Terms & Conditions.

22. Amendments

Fitcom reserves the right to amend, vary or update these Terms & Conditions at any time. Any amendments shall take effect immediately upon publication on the Fitcom website, mobile application, web application or any other official Fitcom platform, unless otherwise stated. Continued use of Fitcom's Services, facilities or digital platforms after such amendments constitutes the Member's acceptance of the revised Terms & Conditions.

23. Force Majeure

Fitcom shall not be liable for any delay, interruption, suspension or failure to provide any Services or access to its facilities or digital platforms where such delay, interruption, suspension or failure is caused by events beyond Fitcom's reasonable control, including but not limited to natural disasters, fire, flood, epidemic, pandemic, governmental action, power failure, internet or telecommunications failure, system failure, equipment failure or any other unforeseen event beyond Fitcom's reasonable control. Fitcom reserves the right to postpone, reschedule, modify or temporarily suspend any affected Services for the duration of such event without incurring any liability.

24. Governing Law & Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of Malaysia.

25. Acceptance of Terms

By ticking the checkbox, clicking "Agree", "Submit", "Purchase", "Register", "Continue", or by otherwise accessing, registering for, purchasing or using any of Fitcom's facilities, Services, or digital platforms, the Member confirms that the Member has read, understood and agreed to be legally bound by these Terms & Conditions.

26. Contact Us

If you have any questions or concerns regarding this Privacy Policy or your personal data, please contact:

Fitcom Fitness Sdn. Bhd.
Fitcom Fitness (S) Sdn. Bhd.
[email protected]
www.fitcomfitness.com  ·  app.fitcomfitness.com

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