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TERMS AND CONDITIONS

Welcome to KILOS.PH Fitness Center! We are excited to have you as a member.

These Terms and Conditions ("Terms") govern your membership, access to, and use of the facilities, services, and products offered by KILOS.PH Fitness Center ("KILOS.PH," "we," "us," or "our") located at Unit - 3, Mercedes Warehouse, Mercedes Plaza, Mercedes Ave cor. Luis St., Brgy. San Miguel, Pasig City, Metro Manila, Philippines, 1600.

By availing of our products and services, and/or by signing the KILOS.PH Fitness Center Membership Agreement, you ("Member," "you," "your") agree to comply with and be bound by these Terms. Please read them carefully.

1. MEMBERSHIP

  • 1.1. Eligibility: Membership is open to individuals who agree to abide by these Terms and Conditions. Minors (individuals below 18 years of age) require the written consent and signature of a parent or legal guardian on the Membership Agreement, and such parent or legal guardian agrees to be bound by these Terms and Conditions on behalf of the minor. KILOS.PH reserves the right to request proof of guardianship and to assess the suitability of its programs for any individual.
  • 1.2. Membership Types & Privileges: KILOS.PH offers various membership types, each with specific access rights, durations, and fees. Details of your chosen membership are outlined in your Membership Agreement.
  • 1.3. Membership Card/Access: A membership card or an alternative access method will be provided upon registration. This is for your personal use only and is strictly non-transferable. Lost or damaged cards/access credentials may be subject to a replacement fee. You must present your membership card/use your access credential upon every entry to the facility.
  • 1.4. Membership Freezing: You may be eligible to temporarily suspend ("freeze") your membership under certain conditions (e.g., medical reasons, extended travel) as per KILOS.PH's current Membership Freeze Policy, which may involve a fee and specific documentation. The freeze period will not count towards your minimum membership term.
  • 1.5. Membership Cancellation:
    • Cancellation Policy: Your right to cancel your membership and any applicable cancellation fees or notice periods will be governed by the terms of your specific Membership Agreement and KILOS.PH's prevailing Cancellation Policy. All cancellation requests must be made in writing.
  • 1.6. Non-Refundable Fees: Unless otherwise stated in these Terms or mandated by Philippine law (see Section 5: Return and Refund Policy), all membership fees, joining fees, and other paid fees are non-refundable. Non-usage of the facilities does not entitle you to a refund or early termination without applicable fees.
  • 1.7. Transferability: Memberships are generally non-transferable unless explicitly stated in a specific promotion or membership type, and subject to management approval and applicable transfer fees.

2. CODE OF CONDUCT & FACILITY USE

  • 2.1. General Conduct: You agree to behave respectfully towards other members, guests, and KILOS.PH staff. Any form of harassment, discrimination, intimidation, or disruptive behavior will not be tolerated and may result in immediate suspension or termination of your membership without refund.
  • 2.2. Dress Code: Appropriate athletic attire and footwear must be worn at all times within the workout areas. Bare chests, jeans, sandals, or open-toed shoes are generally not permitted while exercising.
  • 2.3. Equipment Use:
    • Please use equipment for its intended purpose and follow all posted instructions and staff guidance.
    • Wipe down equipment with the provided disinfectant wipes/spray after each use.
    • Return all weights, dumbbells, and accessories to their designated storage areas after use.
    • Do not drop weights excessively or in a manner that could cause damage or injury.
    • Report any damaged or malfunctioning equipment to KILOS.PH staff immediately.
  • 2.4. Personal Belongings: Lockers are provided for your convenience. KILOS.PH is not responsible for any lost, stolen, or damaged personal belongings. Do not leave valuables unattended. Use of personal locks is recommended. [Specify locker policy, e.g., "Lockers are for day use only unless a permanent locker rental is availed."]
  • 2.5. Hygiene: Please maintain good personal hygiene. Use a towel to wipe off sweat from your body and equipment.
  • 2.6. Food and Drinks: Food is generally not permitted in workout areas. Drinks in non-breakable, spill-proof containers are allowed.
  • 2.7. Mobile Phones & Photography/Videography: Be mindful of others when using mobile phones. Photography or videography of other members or staff without their explicit consent is strictly prohibited.
  • 2.8. Children/Guests: [Specify your policy on children if any, e.g., "Children under the age of [X] are not permitted in the gym area unless part of a specific KILOS.PH program."] Guests may be permitted, subject to KILOS.PH's current guest policy and applicable fees. Guests must also adhere to these Terms and Conditions.
  • 2.9. Prohibited Substances: Smoking, vaping, alcohol, and illegal drugs are strictly prohibited on KILOS.PH premises.
  • 2.10. Personal Training: Only authorized KILOS.PH personal trainers are permitted to provide training services within the facility. Members are not allowed to conduct personal training sessions (paid or unpaid) for other members.

3. HEALTH AND SAFETY

  • 3.1. Health Declaration: You warrant that you are in good physical condition and have no medical reason or impairment that would prevent you from using KILOS.PH facilities or engaging in physical exercise. You agree to declare any relevant health conditions before commencing any exercise program.
  • 3.2. Assumption of Risk: You acknowledge that engaging in physical exercise and using fitness equipment involves an inherent risk of physical injury. You voluntarily assume all such risks and agree that KILOS.PH, its owners, employees, and agents shall not be liable for any injury, illness, death, loss, or damage to person or property sustained while on KILOS.PH premises or as a result of using its facilities, equipment, or services, except where such injury or damage is directly caused by our gross negligence or willful misconduct.
  • 3.3. First Aid & Emergencies: KILOS.PH may provide basic first aid. In case of a serious medical emergency, we will endeavor to secure external medical assistance. Any costs incurred for emergency medical services are your sole responsibility.
  • 3.4. Safety Orientations: We recommend that you participate in any available safety orientations for equipment use, especially if you are new to exercise or specific equipment.

4. PAYMENTS AND FEES

  • 4.1. Membership Dues: You agree to pay your membership dues and any other applicable fees on time and in the amount stipulated in your Membership Agreement.
  • 4.2. Payment Method: [Specify accepted payment methods, e.g., "We accept cash, credit/debit cards, and online bank transfers. For recurring payments, an auto-debit arrangement via credit card or bank account may be required."]
  • 4.3. Late Payments: If your membership dues are not paid by the due date, a late payment fee may be charged as per KILOS.PH's current policy. We reserve the right to suspend or terminate your membership for non-payment of dues.
  • 4.4. Price Changes: KILOS.PH reserves the right to adjust membership fees and other charges. We will provide you with at least [e.g., 30 days] prior written notice of any such changes.
  • 4.5. Taxes: All fees are inclusive of Value Added Tax (VAT) and any other applicable taxes as required by Philippine law, unless stated otherwise.

5. RETURN AND REFUND POLICY

  • 5.1. General Policy: Unless otherwise explicitly stated in these Terms and Conditions, your Membership Agreement, a specific promotional offer, or as mandated by applicable Philippine law (such as the Consumer Act of the Philippines, R.A. 7394, for defective products or services not rendered as agreed), all sales are final. KILOS.PH Fitness Center generally does not offer returns or refunds for any membership fees, joining fees, personal training packages, class passes, other services availed, or retail products purchased.
  • 5.2. Services Rendered: Fees for services, including but not limited to membership dues and personal training sessions, are for the period or sessions purchased and are non-refundable, irrespective of facility usage or attendance. Non-use of services does not entitle you to a refund or credit.
  • 5.3. Retail Products: For retail products sold by KILOS.PH, returns or exchanges will only be permitted if the item is found to be defective upon purchase and is reported within [e.g., seven (7)] days of purchase, accompanied by a valid proof of purchase. KILOS.PH reserves the right to inspect the item to determine if it is defective. This does not affect your statutory rights under the Consumer Act of the Philippines.
  • 5.4. Exceptions: Any exceptions to this policy are at the sole discretion of KILOS.PH Management must be documented in writing.

6. PRIVACY POLICY

  • 6.1. Data Collection: KILOS.PH collects and processes your personal information in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173) and our Privacy Policy. This information may include your name, contact details, health information (as voluntarily provided for fitness assessment and program design), and payment details.
  • 6.2. Use of Information: Your personal information is used for managing your membership, providing services, processing payments, communicating with you, and for safety and security purposes.
  • 6.3. Data Security: We implement reasonable security measures to protect your personal information from unauthorized access, use, or disclosure.
  • 6.4. CCTV Surveillance: For security and safety reasons, KILOS.PH premises are monitored by CCTV. You acknowledge and consent to this surveillance.
  • 6.5. Marketing Communications: With your consent, we may use your contact information to send you promotional materials and updates about KILOS.PH. You can opt-out of these communications at any time.
  • 6.6. Your Rights: You have the right to access, correct, or request the deletion of your personal information, subject to legal and contractual limitations. For more details, please refer to the KILOS.PH Privacy Policy [Consider having a separate Privacy Policy document and linking to it or providing a copy].

7. PRODUCTS AND OTHER SERVICES

  • 7.1. Personal Training Packages: Terms and conditions specific to personal training packages (e.g., session validity, cancellation, trainer assignment) will be outlined in a separate Personal Training Agreement. Refund policies for personal training packages are governed by Section 5 (Return and Refund Policy).
  • 7.2. Group Fitness Classes: Class schedules, availability, and booking procedures are subject to change. Some classes may require advance booking or have limited capacity.
  • 7.3. Retail Products: [If KILOS.PH sells merchandise like apparel, supplements, etc.] The sale of retail products is subject to availability. Return and refund policies for retail products are governed by Section 5 (Return and Refund Policy).
  • 7.4. Other Services: [Address any other specific services offered, e.g., spa, nutrition counseling, and their specific terms, ensuring any refund-related aspects defer to Section 5.]

8. LIMITATION OF LIABILITY & INDEMNIFICATION

  • 8.1. Limitation of Liability: To the fullest extent permitted by Philippine law, KILOS.PH, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the facilities or services; (b) any conduct or content of any third party on the premises; or (c) unauthorized access, use, or alteration of your transmissions or content. In no event shall KILOS.PH's aggregate liability for all claims relating to the services exceeds the total amount of fees paid by you to KILOS.PH in the preceding [e.g., three (3)] months.
  • 8.2. Indemnification: You agree to indemnify and hold harmless KILOS.PH, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorney's fees) arising out of or relating to your use of the KILOS.PH facilities, your breach of these Terms, or your violation of any law or the rights of a third party.

9. MODIFICATIONS TO TERMS & CONDITIONS

  • KILOS.PH reserves the right to amend or update these Terms and Conditions at any time. We will notify you of any significant changes by posting the revised Terms on our website, at the reception, or via email. Your continued use of our facilities and services after such notification constitutes your acceptance of the amended Terms.

10. GOVERNING LAW AND DISPUTE RESOLUTION

  • 10.1. Governing Law: These Terms and Conditions and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
  • 10.2. Dispute Resolution: In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties shall use their best efforts to settle the dispute amicably through negotiation. If the dispute cannot be resolved amicably within [e.g., thirty (30)] days, it shall be referred to the proper courts of Pasig City, Metro Manila, to the exclusion of all other courts.

11. GENERAL PROVISIONS

  • 11.1. Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
  • 11.2. Waiver: No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  • 11.3. Entire Agreement: These Terms, along with your signed Membership Agreement and any other specific agreements (e.g., Personal Training Agreement, Privacy Policy), constitute the entire agreement between you and KILOS.PH with respect to your membership and use of our facilities and supersede all prior agreements, understandings, and representations.
  • 11.4. Force Majeure: KILOS.PH shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including, but not limited to, acts of God, pandemics, government restrictions, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.

12. CONTACT INFORMATION

If you have any questions regarding these Terms and Conditions, please contact us at:

KILOS.PH Fitness Center Unit - 3 Mercedes Warehouse, Mercedes Plaza, Mercedes Ave cor Luis St., Brgy. San Miguel, Pasig City, Metro Manila, Philippines, 1600

Email: welcome@kilos.ph

Phone: (02) 8573-8308

Website: https://kilos.ph

By signing the KILOS.PH Membership Agreement or by using KILOS.PH Fitness Center's facilities, products, or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.