TERMS AND CONDITIONS

1.0. Definitions:

1.1. ‘The Gym,’ ‘us,’ or ‘we’ refers to SmashFit

1.2. ‘You,’ or ‘the Member’ refer to you, a Member or prospective client of SmashFit

1.3. ‘The Gym Rules’ refer to the rules and regulations of the Gym, as amended from time to time. A copy of these Gym rules will be emailed to you with your application for membership and further copies will be made available upon request, if

1.4. ‘Commitment Period’: This refers to the minimum term you are committing to remain a member of the Gym, from the specified Start Date to the end date. Upon expiration of the prescribed Commitment Period, you must make a request to the Gym in writing for an extension of the same, which extension will be approved subject to payment of the applicable rates and subject to your satisfaction prior conduct as a member of the

2.  Membership:

2.1. By completing and submitting the Membership Application Form, the member agrees to comply with these Terms and Conditions of Membership and the Gym Rules, a copy of which is attached

2.2. You will only be permitted to use the Gym facilities provided your membership is current and fully paid

3.  Duration:

When you join the Gym, you are agreeing to remain a member for the entire Commitment Period but subject to termination in accordance with Clause 6. If you choose to join the Gym by paying your Commitment Period membership fee in advance, your Gym Membership will terminate automatically on the expiry of the Commitment Period.

4.  Fees:

The Gym will set the fee amount for Membership and will review such fees periodically. The Gym reserves the right to change the Membership fees from time to time but guarantees that your fees will not increase during your Commitment Period. For any changes to the monthly fee, we will give you at least 30 days’ notice via the email address that you provide us with. The following Membership fees prevail:

4.1. Membership fee; the level of membership fees shall be determined according to the type and category of

4.2. Guest user fee; A fee will be set by the Gym from time to time in respect of guests or members who wish to visit the Gym and use the

4.3 Other Fees; All other fees and prices for the sale of goods at the Gym, padlock purchase for the lockers, and any other services will be set by the Gym from time to

4.4 Any unpaid and overdue membership fees referred to a Debt Collection Agent will be subject to a surcharge to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred in the collection of the overdue membership fees, will be the responsibility of the member and will be legally recoverable from the

5.  Freezing of Membership:

A Member may, if they are unable to make use of the Gym facilities by reason of illness or injury, request a freeze of their membership for one continuous period of at least 1 month and a maximum of 3 months. This may be awarded at the discretion of Management, depending on the circumstances of each request. 30 days’ written notice must be given to the Gym and the Gym shall have the right to request a doctor’s certificate. Any freezing during the Commitment Period will extend the length of the Commitment Period by the length of the period your membership is frozen. Notice to terminate membership cannot run concurrently with the freezing period.

6.  Termination:

6.1 Termination by the Gym:

We may terminate this Membership Agreement with immediate effect in the following circumstances:

(a) If you commit a serious or repeated breach of these Terms and Conditions or the Gym’s rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice;

(b) If any part of your membership fee remains unpaid 30 days after its due date for payment; or

(c) If you provide us with details that you should have known or knew to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you

If we terminate for any of these reasons, we reserve the right to retain the money / Membership Fee already paid to SmashFit by you.

6.2 Termination by you:

You may terminate this agreement in the following circumstances:

(a) You can give the notice to terminate at any point during the Commitment Period but this cannot end your membership before the end of the Commitment Period.

7.  Suspension of your membership

7.1 Management may, depending on circumstances and the conduct of a Member involved, decide to suspend your membership for a period of one (1) calendar

7.2 A Member’s Commitment Period duration will continue to run notwithstanding the suspension

8.  Gym Rules:

8.1 The Gym may amend the Gym Rules from time to time in order to ensure the health and safety of Temporary amendments will be displayed in the Gym. Permanent changes to the Gym Rules will only be made after at least 20 days’ notice to members, except in the case of an emergency.

8.2 The Gym reserves the right to adjust the availability of certain facilities or close the Gym on a temporary basis for the general purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions and

8.3 You agree to be bound by and observe the gym etiquette within the Gym and acknowledge that we may amend this at any time and at our

8.4 You will not under any circumstances abuse the facilities or equipment of the Gym’s employees or any other member and you will pay for any damage to our

8.5 The Gym does not accept any form of threatening or abusive behavior towards members, guests, or the Gym Team. When a member brings a guest into the Gym, the member will be fully liable and responsible for the actions and behavior of that

9.  Restriction of Liability:

9.1 Subject to paragraphs 10.2 and 10.3, the Gym will not accept liability for any loss, damage to or theft of money, valuables or other personal property of members and guests within the Gym or the Gym Property stored in lockers provided by the Gym is stored at the owner’s risk and no liability for loss or damage thereto will be accepted by the Gym.

9.2 The Gym does not accept any liability for damage, accident, death, personal injury, or other loss sustained by members or guests on the Gym premises, howsoever caused, especially, but not limited to, where the same is attributable to:

9.1 Your own fault/actions;

(a) A third party unconnected with our provision of services under this agreement; or

(b) Events which neither we nor our suppliers could have foreseen or forestalled even if we had taken all reasonable care in the

10.  Events beyond our reasonable control:

10.1 If we cannot provide all the services and facilities for 30 consecutive days or more, or services and facilities are significantly reduced for 30 consecutive days or more, for reasons or events beyond our reasonable control, we can cancel this agreement immediately by written We do not have to pay you compensation in these circumstances, irrespective of the remainder of the duration of your Membership.

10.2 Reasons or events beyond our reasonable control could include, for example, but are not limited to, natural disasters, government actions or directives, war, a national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood, an epidemic, a pandemic, and strikes or other labor

11.  Health & Safety:

11.1 All Gym users must complete the section in their Application pertaining to their health / medical history before entry or before registering as a Member. Members are aware and agree that they have sought medical advice or wish to use the Gym without deliberately having done so and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their Condition. The SmashFit staff are not medically trained and are therefore not qualified to assess whether the Gym user is in appropriate physical condition to use the facilities. SmashFit advises all Gym users to seek appropriate medical advice prior to starting any exercise program or fitness regime if they are in any doubt as to their ability to do so.

11.2 The Member warrants and represents upon their Membership Application Form, and repeats such warranty upon each visit to the Gym, that they are in the good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort or physical

12.  Sale of Gym:

In the event of the sale or disposal of the Gym to another company or to any other person, we may transfer your membership to the new owner and you will continue as a member of the Gym and continue to pay your membership fees provided no changes to these terms or the Gym rules having a material adverse effect on your use of the Gym are made by the new owner.

13.  Notices:

Notices from you to the Gym must be in writing or via email and addressed to the General Manager at the Gym. The Gym reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases, the notice will be deemed not given unless such evidence is produced. Any notice handed to the Gym must be receipted. Notices from the Gym to you will be posted to you at your address in the membership records or via email to your preferred email address (or, where these terms permit, displayed on notice boards at the Gym).

14.  Data Protection:

14.1 At the Gym we are committed to protecting your privacy. We will process your personal data to provide the services you required pursuant to our Agreement / Contract, and may use your personal information to provide you with information about our similar services that may be of interest to you. If you do not wish to receive such information, please tick the relevant box on the membership form. The Gym may record and monitor telephone calls to and from the Gym Team and the same may be used for training purposes and quality assurance. We use a secure server and also take appropriate measures to ensure that the information disclosed to us is kept confidential, accurate, and retained only for as long as necessary for the purposes for which it is

15.  Miscellaneous:

15.1 The Gym reserves the right to vary these Terms and Conditions by giving its members reasonable Notice of any variation will be emailed to members and posted in prominent positions on the premises.

15.2 If any of these terms of the Contract is deemed by a Kenyan Court of Law or other authority to be invalid or unenforceable, the validity and enforceability of the other terms of the Contract shall not be

15.3 The Contract shall be governed by the Laws of Kenya, and any dispute arising out of or in connection with the Contract shall be subject to the sole jurisdiction of the Kenyan Courts. Parties shall at all times endeavor to use good faith to settle any dispute, but if the same is not resolved within fourteen(14) days of one Party giving notice of the dispute to the other, the matter may be referred to Arbitration via the Chartered Institute of Arbitrators, Kenya.