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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