General Terms
Terms and Conditions – 24/7 Fitness Clubs
- General Terms
(A) “24/7” or the “Company” means T.Q. (Gauci) Company Limited of 59, Guzepp Balzano Street, Rabat, bearing company registration number C 30310 or any of its successors in title.
(B) “Member” means the person(s) named in the Application Form and the Membership Card.
(C) “Membership” means membership of the Clubs in accordance with the terms and conditions set out herein.
(D) “Club(s)” means any/all the premise(s) operated by 24/7 as health and fitness clubs in Malta and Gozo.
(E) “Facilities” means all exercise and treatment facilities, changing rooms, showers, saunas and equipment available at any of the Clubs.
(F) “Membership Period” means the first term of the Membership and any subsequent period thereafter.
(G) “Membership Fees” means the fees due by the Member in consideration for Membership of the Clubs.
(H) “Club Rules” means the rules and regulations which apply to the operation of the Club and the conduct of the Members displayed in each Club and which may be varied from time to time.
(I) “Application Form” means the 24/7 application form attached to these terms and conditions.
(J) “Renewal Form” means the 24/7 renewal form signed by the Member at any point of his or her Membership.
- Membership is subject to these terms and conditions as may be amended by the Company from time to time on reasonable notice.
- All terms and conditions shall apply to all persons mentioned in the Membership. Membership shall entitle the Member to use the Facilities as set out below.
- Submission of the Application Form is an offer to become a member of 24/7 subject to the terms and conditions set out herein. Similarly the submission of a 24/7 Renewal Form is an offer to renew the Membership subject to these terms and conditions. Membership shall only become effective upon signature of the Application Form or Renewal Form as applicable and payment by the Member of the Membership Fee. The Company reserves the right to refuse, reject or terminate any membership, whether upon application or renewal stage. All information collected by the Company from its Members shall be processed in accordance with the Company’s Data Protection Policy. The purpose of such processing shall in all cases be limited to membership administration and marketing initiatives to be undertaken by the Company for the benefit of its Members.
- A Member is entitled to use all the Facilities for the Membership Period provided that the Member is not in arrears in respect of any monies due to 24/7 or in breach of any of these terms and conditions or the Club Rules.
- Subject to these terms and conditions, Membership is available to anyone aged 18 years and over. Provided that Individuals under 18 years of age may apply for Membership subject to producing written parental consent and any additional requirements which the Company may request from time to time.
- In order to gain access to any Clubs the Member must show the Membership Card or quote his/her Membership number at reception. A charge may apply for any replacement card.
- The Membership card may only be used by the Member or Members (as applicable) and not loaned to anyone else. Breach of this condition may lead to immediate termination of the Membership.
- A Member is required to adhere to Club Rules at all times. The Club Rules are available upon request and displayed in each Club. Any changes to the Club Rules will be available following such changes being made. Proper gym wear must be worn by the Members in the Clubs. The use of towels is mandatory within the Clubs. Towels shall be used by Members at all times and shall not be less than 50cmsx100cms in size. Non-observance of these conditions is tantamount to a breach of these terms and conditions. All weights, dumbbells and accessories shall be put by the Members in their place after use. All Members are required to clean and appropriately disinfect any training machine used in the Clubs immediately after completing use. Cleaning and disinfection shall be undertaken through the sanitizing material provided by 24/7. Grunting and posing shall be prohibited at all times.
- All Membership Fees are to be paid by the Member or Members (as applicable) prior to the commencement of the Membership Period. Payments in cash or by cheque only will be accepted by the Company. Membership Fees are non-refundable.
- The Member agrees and undertakes that he/she shall use the Facilities entirely at his/her own risk and 24/7 and/or its employees shall under no circumstance whatsoever be liable for any loss, personal injury or damage sustained by the Member within the Facilities, or when using any other service provided by 24/7 and/or its employees. By agreeing to these terms and conditions, the Member expressly agrees that participation in any physical activity within the Facilities or any other service provided by 24/7 and/or its employees is voluntary undertaken by the said Member who knowingly assumes all such risks and elects to proceed with the Membership despite all the risks. The Member further acknowledges and agrees to unconditionally release 24×7 and/or its employees from any and all liability to the greatest extent allowed or otherwise permitted by law.
- 24/7 is not responsible, under no circumstance whatsoever, for any loss of personal items or damage to personal property either at the Clubs or in the Clubs’ parking areas.
- It shall be the responsibility of any Member and/or parents or guardians of children under 15 years of age to supervise their children whilst in the Club premises.
- Any Member shall use the Facilities in accordance with the advice provided by any representative of the Company and/or notices displayed. A Member must not abuse the Facilities and the Member will be responsible for any willful damage or damage caused by negligent use of the Facilities. Members are required to behave in a reasonable and courteous manner so as not to be offensive or cause disturbance. 24/7, its staff and representatives have the right to restrict, at any point in time, access to any Member who is deemed or otherwise considered to be unsafe to the other members within the Clubs.
- Membership may be terminated for violation of the Club Rules or for conduct reasonably considered by 24/7 to be detrimental to the welfare, good order, health and safety and character of the Clubs and its Members. The Company reserves the right to retain a proportion of the Membership Fees paid by the Member relating to the use of the Clubs prior to termination and any reasonable cost incurred as a result of the termination.
- Members shall not freeze their Membership.
- Smoking within the Clubs is strictly prohibited. Membership allows access and use of the Facilities only. 24/7 reserves the right to change, add to, reduce or cease any Facilities and to utilise the Facilities for any special events, parties, seminars, tournaments or other activities it may deem desirable upon giving such reasonable notice as possible in the circumstances. Compensation will not be given for such closures and the Member may use the Facilities of another Club during such period. 24/7 reserves the right to refuse access and use of the Facilities to person who are or are deemed to be under the influence of alcohol, narcotics or any banned substances.
- 24/7 may, on a temporary basis, withdraw use of part of the Facilities at a Club due to the failure of services or for the purpose of undertaking necessary maintenance or repair work or for the replacement of Facilities. Any work will be completed as quickly as practicable. Compensation will not be given for such closures and the Member may use the Facilities of another Club during such period.
- Through circumstances beyond the reasonable control of 24/7, it may not be possible to provide the same Facilities at all Clubs.
- No marketing, promotional or commercial activity shall be undertaken in the Clubs or in the Clubs parking areas by Members or third parties on the Member’s initiative without the Company’s directors’ prior written consent.
- By signing this form, the Member expressly consents to the Company, using and publishing the Member’s and/or image and/or videos (which may contain the Member’s image) in any of its publications, websites, and social media platforms and materials (including written, electronic, and multimedia material) for distribution anywhere in the world or on the internet. The Member further acknowledges that upon publication of the above data and media on the internet, the Company shall have no further control over its subsequent use and disclosure.
MyCoach T&C’s
- The time of each workout session is usually one (1) hour however a different length of the session can be agreed between the Client and the Coach.
- If the client is more than 10 minutes late, the Coach will be entitled to reduce the previously agreed session time by a corresponding period of time.
- If the Coach is more than 10 minutes late, the Client shall be entitled to a full one (1) hour session or shall be entitled request another date.
- If the 10-session package is chosen, the Client shall present the 10 sessions card to the coach upon arrival.
- Any failure to attend a booked session by the Client will result in the loss of the said session.
- The Coach is to be notified about a cancellation at least eight (8) hours before the scheduled training session, otherwise a session will be deducted from the 10 sessions as if it was done. If the Client chooses to pay session by session, and fails to notify a cancellation as indicated herein, the Client will still be charged for that session on the following session.
- A 10-session package has to be used within 3 months.
- Any sessions that remain after the expiration date will be forfeited.
- Any package chosen is not transferable and payments are not refundable.
- Full payment is to be made upfront for any chosen package.
- Besides the terms and conditions in this agreement, the client hereby agrees that by signing below he is agreeing to be bound by all the terms and conditions signed in the 24/7 Fitness Club Membership form upon registration, which includes also refers to the Company’s Data Protection Policy which the Client hereby confirms he/she has read
- I, the undersigned, being aware of my own health and physical condition highlighted in this agreement, am aware that my participation in fitness activity/nutrition advice may cause injury, I am voluntarily choosing to participate in the MyCoach program and therefore specifically and unequivocally consent that the Company processes all my personal data (including data concerning health) in accordance with the Company’s Data Protection Policy. .
- There are always certain risks associated with any physical activity/nutrition advice .
- I understand these risks and declare myself physically sound and capable to participate in the program offered.
- I have read this document in its entirety, fully understand its terms, and understand that I am giving up substantial rights – including my right to sue 24X7.
- I know, understand and appreciate these and other risks that are inherent in the activity.
- I expressly agree and assert that participation in the activity is voluntary and I knowingly assume all such risks and elect to proceed with the participation despite all the risks.
- I acknowledge that I agree with this document freely and voluntarily and intend, by my acceptance (selection), the complete and unconditional release of all liability to the greatest extent allowed by law.”
DATA PROTECTION POLICY
Introduction
24×7 is committed to protecting the privacy and protection of data of our clients, customers, partners, employees and all other persons in respect to whom personal data has been collected. (hereinafter the “Data Subjects”). 24×7 will only collect personal data in a lawful, fair and transparent manner, limited to the purposes for which it has been collected, keep accurate and up-to-date as much as possible, whilst ensuring secure storage, integrity and confidentiality of the personal data collected.
All data is collected and processed in accordance to the General Data Protection Regulation (EU) 2016/679 (“GDPR”), Data Protection Act 2001 (the “Act”) and other subsidiary legislation (collectively referred to as “Data Protection Laws”.
What is the purposes of this Data Protection Policy (the “Policy”)?
This Policy sets out the following:
- What personal data we collect and process about you in connection with your relationship with us as;
- Where we obtain the data from;
- What we do with that data;
- How we store the data;
- Who we transfer/disclose that data to;
- How we deal with your data protection rights;
- And how we comply with the data protection rules.
- All personal data is collected and processed in accordance with the Data Protection Laws.
Data Controller
“24×7” (referred to as “we”, “us”, “our” or the “Company” in this policy) in this policy is the trading/branding name which is collectively administered by T.Q (Gauci) Company Limited (C 30310) of Clevlands Apt, Block A Flat 5, Triq il-Fiera, Bahrija and S T Gauci Company Limited (C 60606) of Clevlands Apt, Block A Flat 5, Triq il-Fiera, Bahrija. T.Q (Gauci) Company Limited and S T Gauci Company Limited are the “data controller” of all personal information that is collected and used about 24×7 customers for the purposes of the Data Protection Laws.
What personal data we collect
Personal data means any information relating to you which allows us to identify you, such as your name, contact details, payment details and certain health information. We may collect personal data from you through our physical forms, through our website (https://fitnessclub247.com/) (the “Website”), through our contracts, any other designated or specific form or from your employer in the case of a corporate membership.
Specifically, we may collect the following categories of information:
- Name, home address, e-mail address, telephone number, passport or other recognized personal ID card numbers and details, bank account details of the Company’s Data Subjects;
- Data concerning health and facial images which we will process exclusively for (a) the protection of our data subjects’ vital interests (in the case of medical emergency, security or when advising you on a fitness or nutrition programme) or (b) where specific consent has been provided or (c) in the case of employees to allow the Company to fulfil its obligations in terms or employment, social security and social protection laws;
- Information about your use of our Website; and
- The communications you exchange with us or direct to us via letters, emails, calls, completion of 24×7 forms and social media.
Uses of personal data
Your data may be used for the following purposes:
- Performing our contractual obligations in your favour;
- Providing products and services you request: we use the information you give us to perform the services you have asked for in relation to your membership at 24×7 fitness clubs;
- We use your payment information for accounting, billing, payment of salaries and audit purposes and to detect and / or prevent any fraudulent activities;
- Administrative or legal purposes: we use your data for statistical and marketing analysis, systems testing, customer surveys, maintenance and development, or in order to deal with a dispute or claim.
- Security, health, administrative, crime prevention/detection: we may pass your information to government authorities or enforcement bodies for compliance with legal requirements;
- Customer Services communications: we use your data to manage our relationship with you as our customer and to improve our services and enhance your experience with us; and
- Provide tailored services: we use your data to provide information we believe is of interest to you and to personalise the services we offer to you, such as our training and nutrition services.
We will only process your personal data where we have a legal basis to do so. The legal basis will depend on the reasons we have collected and need to use your personal data for. In most cases, we will need to process your personal data so we can fulfil our contractual obligations with you.
We may also process your personal data for one or more of the following purposes:
- To comply with a legal obligation;
- You have consented to us using your personal data;
- To protect your vital interests or those of another person (e.g. medical emergency);
- It is in our legitimate interests in operating as a number of fitness centres in Malta.
Only children aged 18 or over can provide their own consent. For children under this age, consent of the children’s’ parents or legal guardians is required.
We will not retain your data for longer than is necessary to fulfil the purpose it is being processed for. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the purposes for which we process it and whether we can achieve those purposes through other means. We must also consider periods for which we might need to retain personal data in order to meet our legal obligations or to deal with complaints, queries and to protect our legal rights in the event of a claim being made.
When we no longer need your personal data, we will securely delete or destroy it. We will also consider if and how we can minimise over time the personal data that we use, and if we can anonymise your personal data so that it can no longer be associated with you or identify you, in which case we may use that information without further notice to you.
Security
We follow strict security procedures in the storage and disclosure of your personal data, and to protect it against accidental loss, destruction, breach or damage.
Sharing of Personal Data
We will not share your personal data with any third parties, unless such sharing is required by law or expressly consented by you.
Cookies Policy
The Website site uses cookies to enable us to improve our service to you and to provide certain features that you may find useful. This may include cookies of media and advertising partners that are being placed on your machine when visiting our Website. Please visit our partners’ websites for information on their privacy and cookie policy.
Cookies are small text files that are transferred to your computer’s hard drive through your web browser to enable us to recognise your browser and help us to track visitors to our site; thus enabling us to understand better the products and services that will be most suitable to you. A cookie contains your contact information and information to allow us to identify your computer. Most Web browsers automatically accept cookies, but, if you wish, you can change these browser settings by accepting, rejecting and deleting cookies. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to change these settings, you may find that certain functions and features will not work as intended. The cookies we use do not detect any information stored on your computers.
For more information about cookies and how to stop cookies being installed visit the following website: http://www.allaboutcookies.org.
Data Protection Contact Person
24×7 does not fulfil the requirements for the appointment of a Data Protection Officer as contemplated by Article 37(1) of the GDPR. In order to comply with the spirit of the Data Protection Laws, the Company has designated Mr. Thomas James Mayo as the Company’s Data Protection Contact Person. Any notification to be sent under this Policy to the Company shall be sent to Mr. Thomas James Mayo on the following email address: mayothomasjames@fitnessclub247.com or by mail to his attention on:
24/7 Fitness Club
Ta’Qali National Stadium, Ta’Qali, ATD 4000, Malta
Contact Number: +356 2738 5383
Your data protection rights
Under certain circumstances, by law you have the right to:
- Request information about whether we hold personal information about you, and, if so, what that information is and why we are holding/using it.
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request transfer of your personal information in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format.
- Withdraw consent. In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
If you want to exercise any of these rights, then please submit a notification in writing to the Company’s Data Protection Contact Person as set out above. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Changes to Data Protection Policy
This Policy may change from time to time and any changes thereto will be communicated to you by way of a notice on the Website.
Vers. dated 22 May 2018