1. INTRODUCTION

www.construct-fitness.sg (the “Website”) is a website developed by Construct Fitness Private Limited (the “Company”). 

These terms and conditions “Terms” govern our relationship with (a) persons who visit the Website; (b) freelance personal trainers (“Personal Trainers”) who utilise the Company’s Gym Premises and Recovery Facilities (“Services”) to conduct freelance personal training sessions (“Intended Purpose”) for their clients (“Clients”); (c) users (“Users”) who utilise the Company’s Gym Premises and Recovery Facilities (“Services”)

By using or accessing the Website, submitting an Application Form, electronically accepting these Terms or utilising the Gym Premises for its Intended Purpose, you are deemed to have irrevocably and unconditionally agreed to and be bound by these Terms (as updated from time to time) which together with the Gym Rules, the Direct Debit Request and Privacy Policy shall be deemed to be a contract between the you and the Company (“Contract”). In particular, you are deemed to have:-

(a) warranted and represented that you are a Singapore citizen, permanent resident or resident and have attained the age of eighteen (18) years;

(b) agreed to and be bound by the terms of the Contract if you engage our Services. 

If you do not agree to these Terms, please exit the Website immediately and do not access the Website further.

2. DEFINITIONS AND INTERPRETATION

Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms:-

“Application Form” means an application form to be submitted by a User or Personal Trainer for the purposes of utilising the Services which contains, inter alia, his full name, phone number andemail address.

“Billing Account” means the account nominated by the User or the Personal Traineron the Application Form;

“Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore.

“Gym Rules” means any rules that apply to the Gym Premises as notified to a User or Personal Trainer or displayed at the Gym Premises;

“Direct Debit Authority” means the document permitting the Company’s third-party payment provider to provide the direct debit facility in respect of payment of the Licence Fee from a Billing Account;

​“Gym Premises” means the premises at 325 New Bridge Road #03-00, Singapore 088760.

“Licence” means the right of a User or Personal Trainer to use the Gym Premises for its Intended Purpose.

“Personal Data” has the meaning ascribed thereto in the PDPA and includes your name,    email address, address, phone number and credit card information.

​

​“Pass Package” a package containing a stated number of Single-Session Passes.

“Session” means a slot booked by a User or Personal Trainer for the Intended Purpose.

“Single-Session Pass” means a one-time pass that grants the User or Personal Trainer the right to access and use the Gym Premises for one Session only. A Session commences from the time the User or Personal Trainer or his Client enters the Gym Premises and ends when both the User or Personal Trainer and his Client exits the Gym Premises;

“Subscription” means an automatic rolling subscription for a fixed term which is payable on a weekly basis. 

3. APPLICATION

Application

3.1 Registration can be done by filling up an Application Form available on the Website and submitting a completed Application Form to us at [email protected]together with all educational and professional qualifications and certificates demonstrating that you are competent to use the Gym Premises for its Intended Purpose. 

3.2 Submission of the Application Form does not guarantee that we will provide you with the Services. The Company reserves the right to reject any Application Form, or otherwise restrict, suspend or terminate an existing Contract including in circumstances where the Company is of the reasonable opinion that you are unfit to use the Gym Premises for its Intended Purpose. 

Personal Data

3.3 We will adhere to the principles of the PDPA when collecting, use and processing information about you.

Acceptance

3.4 We will inform you as soon as possible whether your application has been successful. 

3.5 On acceptance of your application, you are required to pay the following fees immediately to hold the place:-

(a) initial Licence Fee (not applicable for Single-Session Pass) as stated on the Website;

(b) fees for Single-Session Pass or Pass Packages (Was the case may be).

3.6 The fees set out above may vary from time to time and you must check the Website for the latest applicable fees. 

4. LICENCE AND LICENCE TERM

4.1 Licences are available as follows:-

(a) Single-Session pass – only valid for single use within the stated Licence period;

(b) Pass Packages – valid for the number of Sessions stated in the relevant package for the relevant validity period;

(c) Subscriptions – ongoing Licences which will continue in force and billed weekly until and unless cancelled by the Company,the Personal Trainer or User.

4.2 Full access to the Services is available to a Personal Trainer or User while their Licenceis active and subsisting. 

4.3 A Licence commences on the date of the Contract and continues until terminated in accordance with Clause 12.

4.4 Upon expiry of the applicable validity period, all unused Session passes will be forfeited and you will not be entitled to any refund in respect thereof.

5. LICENCE FEES AND PAYMENT

General

5.1 The licence fees for the Single-Session Passes, Pass Packages and Subscriptions (“Licence Fees”) are as advertised on the section of the Website entitled “Fees”.

Single-Session Passes and Pass Packages

5.2 The fees for the Single-Session Passes and Pass Packages must be paid upfront upon acceptance by the Personal Trainer or User of these Terms and/or the Contract.

Subscriptions

5.3 Subscription fees for Personal Trainers who choose the Subscription option are payable in advance at the beginning of every week, commencing from the date of the Contract. 

Payment method

5.4 The Company operates a cashless business with payment of the Licence Fees to be made by the way of direct debit from a Personal Trainer’s or User’s Billing Account. The Company uses a third-party direct debit provider and Personal Trainers or Userare required to complete the Direct Debit Request to allow deductions from their Billing Account.

5.5 In the case of Subscription option, the Direct Debit Request will continue until termination of the Contract.

Consent to disclosure of Personal Data

5.6 You consent to the Company providing your personal information to a third-party direct debit provider during the term of this Agreement. If the Company changes third-party direct debit providers during the term of this Agreement, you consent to the Companyor the direct debit provider providing your personal information to the new direct debit provider

Reprocessing fee

5.7 If you have insufficient funds in your Billing Account or you fail to make any payments, the Company reserves the right to charge you a reasonable processing fee being the reprocessing fee. 

Billing Account to be updated

5.8 Personal Trainers and Users are responsible for ensuring they do not do anything that may result in the closure or cancellation of the Billing Account without taking appropriate steps to update their Billing Account with the Company. You will remain liable to the Company for any unpaid Licence Fees or any additional fees incurred by the Company in this regard.

6. SESSIONS

Booking of Sessions

admi

6.1 Space at the Gym Premises is limited and must be pre-booked. You can book a Session via the Website or via email at [email protected].

6.2 Bookings for Sessions close fifteen (15) minutes prior to the timeslot commencing.

6.3 After making a Booking, you will receive a booking confirmation via email or text message. You may book ahead all your Sessions (times/dates) or book one session at a time.

6.4 In the event that you and/or your Client is unable to attend a Session, you will have the right to cancel a pre-booked Session up to three (3) hours before a session to avoid a no-show fee. In the event that you fail to do so or to provide sufficient reasons for failing to attend (in the Company’s absolute discretion), you may be charged a “no-show fee” of $10, which you acknowledge is fair and reasonable.

Health

6.5 It is the responsibility of User and Personal Trainers to ensure that they and their Clients are in good physical condition and know of no medical or other reason why they should not use the Gym Premises for its Intended Purpose. If unsure, you and your Client should not use the Gym Premises until you have sought appropriate medical guidance and have been given the go- ahead.

6.6 User, Personal Trainers and their Clients must not use the Gym Premises if either of them are suffering from any illness, disease, injury or other condition that could be a risk to their health or safety or the health and safety of other User, Personal Trainers, their Clients Users or the Company’s employees.

7. CANCELLATIONS AND REFUNDS

Rescheduling and/or cancellations by User and Personal Trainers

7.1 We do not accept rescheduling requests or cancellations within the period set out in Clause 6.4. Any payments or deductions from packages made towards such pre-booked Single-Session Passes and Pass Packages Sessions will be non-refundable.

Refunds by Company

7.2 We will not under circumstances refund Licence Fees even if you are unable to utilise the Services.

8. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

8.1 You warrant and represent to the Company that:-

(a) you are legally able to consent to receive the Services;

(b) you have not relied on any representations made to you prior to or at the time of the Contract.

(c) all the information that you provided to the Company including but not limited to the Application Form and the information that you will provide to the Company about yourself and your Clients in the future is accurate, true, current and complete;

for Personal Trainers, you are not aware of any condition/impairment that may be affected or aggravated or otherwise prevent you and your Clients from engaging in any physical activity and that you and your Clients are sufficiently physically fit to participate without risk to you and your Clients’ health;

(d)  

(e) for Users, you are not aware of any condition/impairment that may be affected or aggravated or otherwise prevent you from engaging in any physical activity and that you are sufficiently physically fit to participate without risk to you.

8.2 For Users, you covenant and undertake to us;-

(a) not to engage in behaviour that is abusive, improper, harmful, threatening, endangers others or is otherwise not in the best interests of other Users and the Company’s employees;

(b) not to access the Gym Premises and to ensure that you do not access the Gym Premises under the influence of illicit drugs, alcohol or any other medications that warn against strenuous or excessive exercise under their influence, or against medical advice;

(c) at all times to comply with all Gym Rules;

(d) to ensure that you are appropriately dressed at all times, including clean sport shoes and clothing must be clean and tidy and free from political or offensive prints or designs;

(e) not to engage in any illegal activities in the Gym Premises;

(f) not to smoke, consume food or chewing gum in the Gym Premises;

(g) comply with all equipment operating and safety instructions, or any other direction given to them by any staff at the Gym Premises;

(h) to indemnify and hold the Company (including our shareholders, directors, officer and employees) harmless against any damages, losses, liabilities, claims, actions, proceedings, costs (including legal costs on a full indemnity basis as well after as before judgment) and expenses which we may suffer or incur relating to, in connection with, arising from:-

(i) your breach of any of these Terms;

(ii) the Services;

(iii) your access to or use of the Website; and

(iv) non-payment of Licence Fees; 

8.3 For Personal Trainers, you covenant and undertake to us:-

(i) not to engage in behaviour that is abusive, improper, harmful, threatening, endangers others or is otherwise not in the best interests of other Personal Trainers, their Clients and the Company’s employees;

(j) not to access the Gym Premises and to ensure that you Clients do not access the Gym Premises under the influence of illicit drugs, alcohol or any other medications that warn against strenuous or excessive exercise under their influence, or against medical advice;

(k) at all times to comply with all Gym Rules;

(l) to ensure that you and your Clients are appropriately dressed at all times, including clean sport shoes and clothing must be clean and tidy and free from political or offensive prints or designs;

(m) not to and to ensure that your Clients do not engage in any illegal activities in the Gym Premises;

(n) not to engage in any conduct to solicit business from other Personal Trainers or their Clients;

(o) not to and to ensure that your Clients do not smoke, consume food or chewing gum in the Gym Premises;

(p) comply with all equipment operating and safety instructions, or any other direction given to them by any staff at the Gym Premises;

(q) to indemnify and hold the Company (including our shareholders, directors, officer and employees) harmless against any damages, losses, liabilities, claims, actions, proceedings, costs (including legal costs on a full indemnity basis as well after as before judgment) and expenses which we may suffer or incur relating to, in connection with, arising from:-

(v) your breach of any of these Terms;

(vi) the Services;

(vii) your access to or use of the Website; 

(viii) non-payment of Licence Fees; 

(ix) any act or omission by your Clients. 

8.4 This clause 8 shall survive expiration or termination of this Agreement.

9. RECOVERY FACILITIES

9.1 The Company offers recovery facilities including ice bath and sauna within the Gym Premises (“Recovery Facilities”).

9.2 The Recovery Facilities are available to you during the Company’s opening hours via booking or reservation. However, as there is a maximum capacity limit for each of our Recovery Facilities, the Recovery Facilities are subject to availability, and we do not guarantee availability of the Recovery Facilities.

9.3 Health disclaimer. Although the Company provides the Recovery Facilities with yourhealth and safety in mind, each individual has their own limitations and it is therefore critical that you consult your physicians or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided, and obtain appropriate authorisation before accessing or using any services, especially if you are feeling unwell, prone to injuries, are pregnant or nursing, suffering from a chronic illness or undergoing treatment for a chronic illness (such as chemotherapy for cancer) or have any other unique or special physical and/or medical conditions. any individual results using the services may vary.

9.4 Cautions and advisories. If you have any infection, rash, abrasion, cut, open wound or sore that may come into contact with shared facilities such as benches, tubs, and/or other equipment, do not use the Recovery Facilities or other facilities and equipment until you have recovered. You are advised not to “sweat out” a hangover as alcohol intoxication will decrease your judgment. alcohol also increases your heart rate, which may be further increased by heat stress from our saunas. the use of alcohol, drugs and/or medications prior to a sauna session may lead to unconsciousness. 

9.5 The Company would like to remind you that the Recovery Facilities are not a replacement for traditional treatment. The Recovery Facilities are not a cure for any condition. The Recovery Facilities should be used as a supplement to traditional treatments, but not as a replacement. While the Recovery Facilities are beneficial for most people, the practice takes some getting used to and the body may be taxed by the process of getting used to.

9.6 Pre-existing medical conditions. Each time you use the Recovery Facilities, you must ensure that you are in good physical condition and know of no medical or other reason why you should not use the Recovery Facilities and you do not have any physical, medical or other disability or condition which may be affected or aggravated by using the Recovery Facilities. You undertake that you shall not use the Recovery Facilities if you have any pre-existing medical conditions or implants that may affect your ability to do physical activities, including but not limited to:

(a) Heart conditions;

(b) Chest pains;

(c) Loss of balance due to dizziness;

(d) Bone or joint problems;

(e) Haemophilia;

(f) Heat sensitivity; 

(g) Prescription drugs for blood pressure or heart conditions; 

(h) Infectious illness or disease;

(i) Metal or titanium or other medical implants such as pacemakers; or

(j) Any other reason why you should not do physical activity.

9.7 If you do have any of the above conditions or implants and you wish use the Recovery Facilities, please inform the Company and provide us with a written certification from a licensed medical practitioner that you are fit to use the Recovery Facilities. If your health condition changes at any point such that any of the above conditions apply, please inform the Company and provide a written certification from a licensed medical practitioner that you are still fit to use the Recovery Facilities.  

9.8 Prior physical examination. The Company strongly recommends that you consult with your physician or other licensed healthcare provider before using the Recovery Facilities. It is also your responsibility to secure personal health insurance in advance, if desired. If our employees deem that use of the Recovery Facilities may be unsafe for you or may put you at unnecessary risk, the Company reserves the right to refuse your use of the Recovery Facilities until you provide a written certification from a licensed medical practitioner that you are fit to use the Recovery Facilities.

10. PRIVACY POLICY

10.1 Protecting and safeguarding your Personal Data is important to us. Information about our security and privacy practices can be found on our Privacy Policy available at https://cffitness.com.sg/privacy-policy (“Privacy Policy”) which is deemed incorporated into the Contract by reference.

10.2 For safety purposes, you acknowledge and agree that closed circuit television may be installed in the Gym Premises. You consent to being filmed for these purposes and understand that the Company will only use any images or recordings in accordance with its Privacy Policy.

10.3 We may from time to time take photographs and video of you and your Clients at the Gym Premises (“Recordings”). Unless you notify us otherwise, you are deemed to have consented to us using such photographs and video recordings for training, publicity and marketing purposes and in consideration of the Company granting you access to Gym Premises you:

(a) acknowledge and agree that Recordings may be taken, captured or made by the Company’s employees;

(b) give unconditional and irrevocable consent for the Company to use the Recordings in perpetuity without restriction as to changes or alterations, and to disclose any of your personal information that is contained in the Recordings, to any person (including via social media) and via any medium for the purpose of promoting the Company’s business or any other purpose the Company reasonably requires;

(c) acknowledge and agree that you are not entitled to any remuneration, royalties or any other payment from the Company in respect of the use of any Recordings;

(d) acknowledge and agree that as between yourself and the Company, the Companyis the sole legal and beneficial owner of all intellectual property rights in and attaching to any Recording.

11. USE OF WEBSITE

11.1 Availability of Website and Services

The Company may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website.

11.2 Illegal or unauthorised acts

By using the Website, you agree not to do any of the following:-

(a) you will not access the Website using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;

(b) you will not upload viruses or other malicious code onto the Website;

(c) you will not solicit login information or access an account belonging to someone else;

(d) you will not use the Website to do anything unlawful, misleading, malicious, or discriminatory;

(e) you will not do anything that could disable, overburden, or impair the proper working or appearance of the Website such as a denial of service attack or interference with functionality; and

(f) you will not facilitate or encourage any violation of these Terms.

12. TERMINATION 

12.1 The Company is entitled to terminate its relationship with you if you are in material breach of your obligations and following receipt of notice of such breach, you fail to remedy to the Company’s satisfaction within seven days.

12.2 The following are deemed to be material breaches:-

(a) you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or

(c) any breach by you or your clients of these Terms.

12.3 In the case of Package Pass and Subscriptions, you may terminate the Contract at any time by giving the Company two (2) weeks’ written notice. At the expiry of the two (2) week period, you will no longer incur any financial obligations after the expiration of that period.

12.4 After providing notice in accordance with Clause 12.3, you may continue to use the Gym Premises until the expiration of that period.

13. INDEPENDENT CONTRACTOR

13.1 The User and Personal Trainer is an independent contractor and is not an employee, agent, partner or joint-venturer of the Company and will act and represent accordingly. 

13.2 The User and Personal Trainer shall accept any directions issued by the Company pertaining to the use of the Gym Premises for its Intended Purpose, but the User and Personal Trainer shall be solely responsible for and will have sole control over the manner and means of performing his obligations to his Clients.

13.3 The User and Personal Trainer shall not be eligible to participate in any of Company’s employee benefit plans, fringe benefit programs, group insurance arrangements or similar programs. The User and Personal Trainer shall comply at his expense with all applicable Singapore laws, regulations and codes relating to terms and conditions of employment required to be fulfilled by employers or independent contractors.  

13.4 The User and Personal Trainer has no authority to obligate the Company by contract or otherwise and does not have the authority to negotiate and close deals on behalf of the Company, unless such limited authority has been explicitly agreed to in writing prior to engaging in any such activity. This section will survive termination of the Contract.

14. LIMITATION OF LIABILITY

Use of Website and Services

14.1 The use of the Website and the Gym Premises is at your own risk. The information and materials contained in or accessed through this Website are provided on an “as is” and “as available” basis and are of a general nature which have not been verified, considered or assessed by the Company.

14.2 Without prejudice to the generality of the foregoing, we do not warrant:

(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Website or the Services;

(b) that the Website will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;

(c) that the Website is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and

(d) no warranty of any kind, implied, express or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus and other malicious code), is given in conjunction with the Services or the Website in general;

(e) the security of any information transmitted by you or to you through the Website, and you accept the risk that any information transmitted or received through the Website may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

Disclaimer of liability 

14.3 The Company expressly disclaims:-

(a) all liability whatsoever to the extent permitted by law whether arising in contract, tort or otherwise in relation to the use of the Website, Gym Premises and the Services; and

(b) all implied warranties, terms and conditions relating to the Website, Gym Premises and Services (whether implied by statute or common law) including without limitation any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, non-infringement and information accuracy.

14.4 The Company will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Website, Gym Premises and Services, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

De maximis liability 

14.5 For the avoidance of doubt, in the event the Company is liable to you directly or indirectly in relation to the Website, Gym Premises and the Services, the Company’s liability shall be limited to the aggregate of all Licence Fees paid by you.

15. GENERAL

Amendments to Terms

The Company reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link on the Website to this page. You agree to be bound by such new Terms.

You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Website. 

No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of the Company.

Indemnity

By using the Website and the Gym Premises (even if you do not engage the Company’s Services), you are deemed to have agreed to indemnify the Company in full and on demand from and against any damages, losses, liabilities, claims, actions, proceedings, costs (including legal costs on a full indemnity basis as well after as before judgment) and expenses which the Company may suffer or incur relating to, in connection with, arising from your use of the Website and the Gym Premises.

No Waiver

Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

Governing law

These Terms shall be governed by and construed in accordance with Singapore law and you agree to submit to the exclusive jurisdiction of the Singapore Courts.