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☐ I have read, understood and agreed to be legally bound by Fitcom’s Terms & Conditions and Privacy Policy

FITCOM TERMS & CONDITIONS

By accessing, registering for, purchasing, or using any services, facilities, mobile applications, web applications, digital systems, or training programs operated by Fitcom Fitness Sdn. Bhd. & Fitcom Fitness (S) 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. Health Declaration & Personal Responsibility

You confirm that you are in suitable physical and medical condition to participate in physical training, exercise, and fitness-related activities.

You acknowledge that Fitcom does not provide medical advice. All training programs, assessments, recommendations, and information provided are for general fitness and educational purposes only and do not replace professional medical consultation.

You agree that it is your sole responsibility to ensure you are medically fit to participate in any activity offered by Fitcom.

2. Physical Activity Readiness Declaration (PAR-Q)

By proceeding with purchase, registration, or participation, you expressly declare, represent, and warrant that NONE of the following conditions apply to you:

1. That you have been advised by a doctor to engage only in medically supervised physical activity.
2. That you are experiencing chest pain during physical activity or at rest.
3. That you have experienced chest pain within the past month.
4. That you have experienced dizziness, fainting, or loss of balance.
5. That you have any bone, joint, or muscular condition that may be aggravated by physical activity.
6. That you are currently taking medication for heart conditions or blood pressure.
7. That you have any medical condition, illness, injury, or health concern that would make participation in physical training unsafe without medical clearance.

If any of the above conditions apply, you must not proceed with the purchase or training with Fitcom and are required to obtain written medical clearance from a licensed medical professional before participating in any Fitcom training program. Fitcom reserves the right to refuse, suspend, or terminate services at any time if health or safety concerns arise.

In the event that you intentionally, knowingly, or voluntarily fail to disclose, conceal, or misrepresent any medical condition, injury, illness, or health concern:

1. You acknowledge and agree that you assume full responsibility and risk for any injury, loss, damage, or adverse health outcome arising from such non-disclosure;
2. Fitcom shall not be liable for any injury, loss, damage, or consequences suffered as a result of such non-disclosure; and
3. Fitcom reserves the right to refuse, suspend, or terminate your access to services with immediate effect, without refund, where health or safety concerns arise.

3. Voluntary Participation & Assumption of Risk

You acknowledge that participation in physical training involves inherent risks, including but not limited to muscle strain, injury, illness, disability, or, in rare cases, death.

Participation is voluntary and undertaken entirely at your own risk. You agree to release and hold harmless Fitcom, its directors, trainers, employees, affiliates, and partners from any claims, liabilities, or damages arising from participation in training activities, whether on-site or off-site.

4. No Guarantee of Results

Fitcom makes no guarantees regarding fitness outcomes, physical appearance, strength gains, weight loss, health improvements, or performance results. Individual results vary based on effort, consistency, genetics, lifestyle, and adherence.

5. WebApp, Mobile App & Digital System Use

Fitcom’s web applications, mobile applications, dashboards, tracking tools, and digital systems are provided on an “as-is” and “as-available” basis.

Fitcom does not guarantee uninterrupted access, error-free operation, data accuracy, or system availability at all times. Fitcom shall not be held liable for:

1. System downtime or service interruption
2. Data loss or syncing errors
3. Technical malfunctions or delays
4. User input errors
5. Device, browser, or network incompatibility

You are solely responsible for safeguarding login credentials and all activities performed under their account.

6. Accuracy of Information

All information provided by you, including health declarations, personal details, training records, and digital inputs, must be accurate and truthful. Fitcom shall not be responsible for consequences arising from inaccurate, incomplete, or false information provided by you.

7. Payments, Packages & Services

All payments, training packages, session usage, refunds, cancellations, suspensions, and related commercial terms relating to services that require a separate Training Contract are governed by such Training Contract agreed upon at the point of purchase. Fitcom reserves the right to suspend or terminate services for non-payment or breach of agreement.

Fit Credits

1. Fit Credits are prepaid credits that Members may purchase and use to pay for eligible Fitcom services and classes. Fit Credits are non-cash in nature and may only be used within the Fitcom platform.
2. The purchase or top-up of Fit Credits is not treated as a sale 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 a specific service or class.
3. Fit Credits are issued with a validity period determined by Fitcom, which may vary depending on the package, promotion, or credit type purchased.
4. The applicable expiry date will be shown in the Member’s account at the time of purchase, and Members are responsible to check the expiry date before completing the purchase.
5. If a Member tops up additional Fit Credits before the existing balance expires, the expiry date of the Fit Credits shall be extended in accordance with the validity period applicable to the new package purchased.
6. Fitcom may, at its discretion, grant additional Fit Credits on a promotional or bonus basis (“Promotional Credits”). Such Promotional Credits have no monetary value, are not refundable, and may be subject to separate validity periods or conditions.
7. Unused Fit Credits may be refunded at any time before expiry, upon request by the Member and subject to Fitcom’s approval. In the event a refund is approved, any Promotional Credits shall first be deducted in full, followed by deduction of any Fit Credits already utilised based on the prevailing value of services consumed, and only the remaining unused portion of the purchased Fit Credits (excluding Promotional Credits), if any, shall be refunded. Members shall not be entitled to retain any benefit derived from Promotional Credits upon refund.
8. Once Fit Credits have expired, any remaining balance will be forfeited and no refund will be available.
9. Fit Credits may only be used in accordance with Fitcom’s Terms & Conditions and applicable Training Contract and are not transferable unless approved by Fitcom.

8. Scheduling, Attendance & Conduct

You are responsible for managing appointments, punctuality, and communication with trainers. Disruptive, unsafe, abusive, or inappropriate behavior may result in immediate suspension or termination of services without refund.

9. Trainer Assignment & Substitution

Fitcom reserves the right to assign or substitute trainers as necessary due to scheduling, availability, or operational requirements.

10. Facilities & Equipment Use

You must use all facilities and equipment safely, responsibly, and hygienically, and must follow all instructions provided by Fitcom personnel. Misuse or negligence may result in injury and/or termination of access.

11. Photography & Media Consent

Fitcom may capture photographs or videos for documentation, training, marketing, or promotional purposes. Members who do not wish to be featured must notify Fitcom in writing prior to recording.

12. Minors

Members under the age of 18 must obtain written consent from a parent or legal guardian. The guardian accepts full responsibility on behalf of the minor.

13. Intellectual Property

All programs, systems, software, content, materials, visuals, and documentation are the exclusive intellectual property of Fitcom. Unauthorized reproduction, distribution, or use is strictly prohibited.

14. Termination of Services

Fitcom reserves the right to suspend or terminate services immediately for safety concerns, misconduct, misuse of systems, or violation of these Terms & Conditions. Any unused services may be forfeited.

15. Amendments

Fitcom reserves the right to amend or update these Terms & Conditions at any time. Continued use of services or digital platforms constitutes acceptance of the revised terms.

16. Governing Law & Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Malaysia.

17. Acceptance of Terms

By ticking the checkbox, clicking “Agree”, “Submit”, or proceeding with registration, purchase, or use of Fitcom’s services or digital platforms, the Member confirms that they have read, understood, and agreed to be legally bound by these Member Terms & Conditions, including the Health Declaration and PAR-Q.

18. Training Contract

Certain services offered by Fitcom, including but not limited to personal training sessions or group training classes, may require the Member to enter into a separate specific agreement (“Training Contract”).

Where a Training Contract applies, it shall be read together with these Terms & Conditions. In the event of any inconsistency, the Training Contract shall prevail only to the extent of such inconsistency.

Fitcom Fitness Sdn. Bhd.

Fitcom Fitness (S) Sdn. Bhd.

Last Updated: 27 April 2026

This Training Contract applies strictly and exclusively to Group Class and Personal Training services offered by Fitcom Fitness Sdn. Bhd. & Fitcom Fitness (S) Sdn. Bhd. (“Fitcom”). This Training Contract sets out only the specific commercial and operational terms applicable to Group Class and Personal Training. Where a clause expressly states that it applies to Group Classes only, such clause shall apply only to Group Classes. Otherwise, all terms of this Training Contract shall apply equally to both Group Class and Personal Training services. This Training Contract shall be read together with Fitcom’s Terms & Conditions and Privacy Policy, which are incorporated by reference. Any matters not expressly stated in this Training Contract shall be governed exclusively by Fitcom’s Terms & Conditions. In the event of any inconsistency, this Training Contract shall prevail only to the extent of such inconsistency.

1. Payment Methods & Terms

Fitcom provides the following payment options to accommodate Members’ preferences:

1.1. Full Payment:

Accepted methods only:

1. Online bank transfer
2. MYR cash
3. Touch & Go / DuitNow / QR Pay

1.2. Installment Plan

a. Online credit card installment (6 months)

1. Supported banks: RHB / OCBC / AFFIN / UOB / AMBANK (Activated through Fitcom’s online payment gateway)

b. Offline credit card installment (6 or 12 months)

1. Public Bank only (Available only via in-gym credit card terminal)

1.3. Manual Installment (2–3 months)

a. Manual installment plans are available for all banks.

b. Eligibility conditions:

1. 24–35 sessions: up to 2 months
2. 36 sessions and above: up to 3 months

1.4. Late payments

1. Payment is deemed late if not received within three (3) calendar days from the scheduled due date (5th or 15th of the month, as applicable).
2. Fitcom may pause or suspend Personal Training/Group Class access and/or terminate remaining unused sessions at its sole discretion.

1.5. Installment Payment Schedule

1. Installments billed on the 5th or 15th of each month.
2. Purchases on/before 15th → first charge on 5th of following month.
3. Purchases after 15th → first charge on 15th of following month.

1.6. General Payment Conditions

1. Payment must be completed before any training session commences.
2. Installment plans are non-refundable and non-changeable once set.
3. Official invoices will be issued for all payments.

1.7. Initial Payment Date

For the purpose of this Training Contract, “Initial Payment Date” refers to the date Fitcom receives the first payment toward any training package.

2. Deposit (if any)

Any deposit paid prior to the commencement of training shall not be applied toward any session. Members must complete payment for a selected training package before commencing training.

3. Refund Policy (Specific to Personal Training Only)

3.1. Seven (7)-Day Unconditional Refund

1. Members are entitled to a 100% refund within 7 days from the initial payment date, regardless of whether the sessions have commenced.
2. Any sessions used within this period shall be deducted at Fitcom’s standard session rate.

3.2. Partial Refund (Day 8 to Day 30)

1. 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 package price, irrespective of session usage.
2. Any used sessions will be deducted at the standard session rate.
3. The remaining balance will be refunded within 14 working days upon approval of the refund request.

3.3. No Refund After 30 Days

No refunds shall be granted after thirty (30) days from the Initial Payment Date, regardless of whether any training sessions have been utilised, unused, partially completed, suspended, or postponed, except in cases of verified medical incapacity. Where a Member seeks a refund on medical grounds:

1. The Member must submit a written request to Fitcom together with a medical letter or certification issued by a registered medical practitioner, clearly stating that the Member is medically unfit to continue participating in training activities.
2. Fitcom shall review the request and supporting documents and may, at its sole and absolute discretion, approve or reject the request.
3. If approved, the refund amount (if any) shall be calculated as follows:
4. (Total package price (- minus) 30% cancellation fee (- minus) charges for all utilised sessions at Fitcom’s prevailing standard session rate)
5. Any approved refund shall be processed within fourteen (14) working days from the date of Fitcom’s written approval.
6. Fitcom’s decision shall be final, conclusive, and non-negotiable, and no further claims, disputes or demands shall be entertained in respect of such refund.

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

This clause applies strictly to Personal Training only and does not apply to Group Class.

4. Refund Policy (Specific to Group Classes Only)

1. Cancellations made more than three (3) hours before the scheduled class time shall be eligible for a full refund.
2. Cancellations made within three (3) hours of the scheduled class time shall be non-refundable.

This clause applies strictly to Group Classes and does not apply to Personal Training packages.

5. Group Class Terms (Specific to Group Classes Only)

1. Each Group Class purchased is valid only for the specific class, date and time selected at the point of purchase.
2. Group Class purchases cannot be carried forward, rescheduled to another class, converted into Personal Training sessions or applied to any future classes.
3. Any Group Class not attended at the selected date and time shall automatically lapse and be deemed fully used, with no refund, credit, or replacement.
4. For the avoidance of doubt, Group Class purchases do not form part of any training package and do not have any validity beyond the scheduled class time.

6. Expiration Of Personal Training Sessions

All Personal Training sessions must be completed within 365 days upon the Initial Payment Date. Any unused sessions remaining after the expiry period shall be forfeited without refund or compensation. It is the Member’s responsibility to monitor session usage and expiry dates.

7. Cancellation & Attendance Policy

1. ⁠It is the Member’s sole responsibility to manage and confirm all appointment times and to ensure timely communication with the Personal Trainer regarding any cancellations or changes to Personal Training sessions or Group Classes.
2. If the Member is unable to attend any scheduled Personal Training session or Group Classes, the Member must notify the assigned Personal Trainer at least three (3) hours prior to the scheduled session or class time.
3. Any Personal Training session or Group Classes missed without notice,or cancelled less than three (3) hours before the scheduled time shall be deemed utilised and is strictly non-refundable and non-replaceable, unless otherwise approved by Fitcom. Repeated lateness or absences without proper notice may result in adjustments or modifications to the Member’s training schedule or package at Fitcom’s discretion.
4. 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.

8. Program Modifications & Suspension

1. Fitcom or the assigned Personal Trainer reserves the right to modify or temporarily suspend a training session/package at any time where necessary due to safety, health, operational, or scheduling reasons.
2. A Member may request temporary suspension of training for up to three (3) months due to valid reasons such as injury, medical conditions, or extended travel. All suspension requests must be made in writing and are subject to Fitcom’s approval. Suspension does not extend the package expiry unless expressly approved by Fitcom.

9. Trainer Substitution

In the event that the Member’s designated Personal Trainer becomes unavailable due to leave, illness, scheduling conflicts or other unforeseen circumstances, Fitcom reserves the right to assign a qualified substitute trainer to ensure the continuity of training sessions. Any such substitution shall not entitle the Member to any refund, fee reduction, session replacement, or termination of the training package. For Group Classes, Fitcom may assign, rotate, or substitute trainers at its discretion, and such changes shall not affect the validity of the class purchase.

10. Package/Membership Transfer Policy

1. A Member may request a one-time transfer of remaining unused Personal Training sessions to another individual, subject to Fitcom’s approval and completion of required documentation.
2. Transfers are limited to immediate family members only, namely spouse, parent, or sibling only.
3. To initiate a transfer request, the Member must submit a written request to Fitcom and provide the following information:
4. Personal Training package purchased
5. Member’s full name (as per NRIC or passport)
6. Member’s identification number
7. Member’s contact number
8. Recipient’s full name (as per NRIC or passport)
9. Recipient’s identification number
10. Recipient’s contact number
11. Upon approval of the transfer:
12. The recipient shall become the sole authorised user of the remaining training sessions;
13. The transferred sessions shall be non-refundable;
14. The transferred sessions shall be subject to the same expiry date as the original package and shall not be extended;
15. The recipient must complete any required consultation or onboarding process before commencing training; and
16. No further transfers of the same package shall be permitted.
17. For the avoidance of doubt, transferred training sessions may not be exchanged for cash, credited to another package, converted into group classes, or applied toward any other services offered by Fitcom.
18. Fitcom’s decision in respect of all transfer requests shall be final and non-negotiable, and no disputes or claims shall be entertained in relation to any approved or rejected transfer request.

11. Acceptance

By ticking the checkbox, clicking “Agree”, enrolling in training, the Member confirms that they have read, understood, and agreed to be legally bound by this Training Contract and consents to electronic execution of this agreement.

Fitcom Fitness Sdn. Bhd.

Fitcom Fitness (S) Sdn. Bhd.

Last Updated: 8 February 2026