These Terms and Conditions and any document referred to in them (Terms) are between Rapid Sport Fitness (a venture of Sports Performance), its successors and assignees (referred to as “we”, “us” or “our”) and you, the client that purchases a Membership (referred to as “you” or “your”), and collectively the parties. These Terms will apply to your training, rehabilitation or recovery sessions as selected by you as provided by us to you, or to your child.

We will have no obligation or Liability in connection with the Membership Program until you accept these Terms. You will be deemed to have accepted these Terms, whether on behalf of yourself or your child. If you accept these Terms on behalf of your child, any reference to “you” will be to your child where applicable.

Your Membership will start on the Start Date, provided that:

• you have paid us the required Fees 
• any other conditions precedent contemplated by these Terms are satisfied.

IMPORTANT INFORMATION:

Risk Warning: Please note that your participation in the Membership Program may expose you to the risk of physical harm or personal injury. The risk of physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level, strenuous exercises, your training technique or equipment supplied by us. You agree and acknowledge that physical harm or personal injury may arise from you or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Membership Program.

– Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the following meaning:

• Fee means the fees payable by you to us for the Membership Program as set out on the Platform.
• Gym Facilities means the space and gym equipment we offer for your use, including the weights room, machines, recovery booth and change rooms.
• Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), however arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
• Membership is your right to access the Membership Program and our Facilities, subject to and in accordance with these Terms.
• Membership Program means the membership program you choose to participate in, as selected by you at the time of signing up.
• Minimum Age Requirements means the minimum age requirements as communicated by us which may apply to the Membership Program or our Facilities if you are under the age of 18 years.
• Opening Hours means the periods as set out on our Site, as updated from time to time or as otherwise communicated to you.
• Personnel means, any of our employees, consultants, suppliers, subcontractors, agents, instructors, trainers, affiliates and members.
• Physiotherapy Session means a physiotherapy session that may be included as part of your Membership Program, which requires a booking, or you may book into on an ad hoc basis.
• Platform means the Traqade or Team Buildr platform, the Site, or any other address or channel where you can purchase the Membership Programs.
• Premises means our facility – Rapid Sport Fitness, No 310/8, Guava Garden, KHB Colony, 5th Block, Koramangala, Bengaluru, Karnataka 560095
• Rehabilitation Program means the rehabilitation program that we offer, as further particularised above.
• Running Class means a running class offered by us at a specified time, which requires a booking.
• Site means our website available at https://rapidsportfitness.com and may be available through other addresses or channels.
• Start Date means the date that you are deemed to have accepted these Terms.
• Term means the term of these Terms, commencing on the Start Date and ending on the later of the completion of the Minimum Initial Commitment Period, the expiry of any Renewal Terms and the date on which these Terms are terminated in accordance with their terms.

– Commencement

We will commence the provision of the Membership Program on the Start Date and continue to provide the Membership Program for the Term.

– Our Obligations

(a)In consideration of you paying us the Fees, we will provide the Membership Program in accordance with these Terms, whether ourselves or through our Personnel.

(b)We will use our best endeavours to ensure the Premises are open during the Opening Hours.

– General Terms

You acknowledge and agree that:

1. the provision of the Membership Program or any part of any tailored training plan may be subject to availability of facilities or personnel, screening or our performance testing process which you will be required to fulfil. We reserve the right to refrain from providing you access to certain facilities or parts of any tailored training program if you fail to fulfil the requirements of the performance testing or screening process;
2. we may make changes to these Terms, including the availability, timing or frequency of sessions, support and inclusions in your Membership Program, from time to time.
3. in order to access and make use of the Membership Program (including but not limited to booking in for classes or physiotherapy appointments), you may need to create an account using an email address and password with Traqade and TeamBuilr for physiotherapy and training appointments.

– Rules of Conduct

Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree:

1. to comply with these Terms, all applicable laws, and all of our reasonable requests or requirements at all times during the term of these Terms;
2. to observe any applicable house rules or conditions that are introduced or otherwise communicated by us, from time to time;
3. to not use the Premises for commercial or business-related activities and to refrain from causing disruption to other members or other people in the Premises;
4. to sign in at the front desk each time you arrive at the Premises before participating in the Membership Program or using any Gym Facilities;
5. to not allow non-members into the Premises and to report any non-members you observe to be present on the Premises;
6. to not be under the influence of alcohol or non-prescription drugs when in the Premises or when participating in the Membership Program;
7. to not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or a third party;
8. to respect all Personnel, fellow members, equipment and facilities and ensure you leave equipment as you found it;
9. to keep any belongings and valuables you bring into the Premises safe;
10. to wear enclosed shoes and suitable clothing at all times when participating in the  Program;
11. to cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Program, as requested by us from to time, and comply with these requests in a timely manner; and
12. that you will remain solely responsible for all and any activities you undertake through the use of the Membership Program.

– Your acknowledgements and warranties

(a)Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree that:

1. RISK WARNING: your participation in the Program may expose you to the risk of physical harm or personal injury. The risk of death, physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level, strenuous exercises, your training technique or equipment supplied by us. You agree and acknowledge that physical harm or personal injury may arise from you or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Membership Program;
2. in the event that you become aware at any time of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health or affect your proper and safe use of the training facilities, the program or any tailored training program, you must immediately notify us, cease using the training facilities, the relevant services provided as part of the training program and any tailored training program and contact your medical provider;
3. you are solely responsible for determining the suitability of the training or rehabilitation program, your tailored training program and any training Facilities and your reliance on any information that is provided to you is at your own risk;
4. we may, from time to time allow access to the premises to external third parties and other athletes; and
5. we do not provide any guarantee as to the number of personnel available, at any time, in the premises.

(b)You represent and warrant that:

1. you are 18 years or older, or if you are under 18 years, you have the consent of a legal guardian to participate in the Membership Program and that you meet the Minimum Age Requirements;
2. if you are signing on behalf of your child, you have informed your child of the rules of participating in the Membership Program;
3. there are no legal restrictions preventing you from agreeing to these Terms;
4. you will cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Membership Program, as requested by us from time to time, and will comply with these requests in a timely manner;
5. you will at all times comply with the rules of conduct set out in clause 5;
6. any information you provide to us is true, correct and complete;
7. where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in the training program or any part of your tailored program, you will inform us and either, you will not participate in the training Program or the relevant part of your tailored program; or you have received consent from a medical professional to participate in the training Program or the relevant part of your tailored program;
8. you will follow our reasonable instructions;
9. you will inform us if you have reasonable concerns relating to our provision of the training program under these Terms, with the aim that the parties will use all reasonable efforts to resolve your concerns;
10. you are responsible for obtaining any consents, licences and permissions from other parties (such as medical practitioners) necessary for the training program and/or your tailored program to be provided to you, at your cost, and for providing us with the necessary consents, licences and permissions which we may require; and
11. you will not participate in the training program, attend our gym or participate in any part of your tailored program if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other personnel.

– Bookings: Physiotherapy, Training, Pilates, Sports Massage or Recovery Services

• You must make a booking to attend all of our scheduled sessions or to use any of our training facilities that require bookings, including the recovery space. All bookings are required to be made at least 12 hours in advance.
• Bookings are not confirmed until you receive a confirmation message.
• You may cancel bookings by calling us.
• If you cancel within 12 hours, or do not turn up for a session you were booked in for, you will be charged for the session.
• If you do not cancel a booking in accordance with the above clause or you continuously cancel your bookings, you may receive a strike against your Membership. If your Membership is subject to two strikes, you will be issued a warning and if you receive another strike after the number of bookings you may make will be limited as communicated by us to you.
• You must make a booking to attend a Physiotherapy Session. All bookings are required to be made at least 24 hours in advance.
• If you cancel a Physiotherapy Session less than 24 hours in advance of your booking or do not show up to a Physiotherapy Session you may lose your Physiotherapy Session for that week or the physiotherapist may reschedule your booking for that week, depending on their availability.

– Payment

• You agree to pay us the Fee and any other amounts payable to us under these Terms, in accordance with the following:
• You acknowledge that if you have chosen the monthly payment plan, the Fees are payable monthly for the whole Minimum Initial Commitment Period.
• Additional fees (being bank charges or administrative charges incurred by our third party payment provider) may apply for any overdue or late payments.
• We will endeavour to contact you by phone, sms or email to inform you of any overdue payments.
• If any payment has not been made within 7 days of the due date set out in the Payment Terms, we may (at our absolute discretion) immediately cease providing the training program or restrict your access to the premises.

– Liability – Recreational Activities

(a)By accepting these Terms, you agree that you have read the risk warning on the front page of these Terms and at clause, and you are aware that the training program is a recreational activity and a recreational service and that it can be dangerous. Recreational activities include your use of our training facilities, your participation in the training and rehabilitation program or your child’s use of the training facilities or participation in the training program. You accept that there is a degree of risk and you acknowledge that by participating in the program you do so at your own risk.

(b)You agree to release Sports Performance and any affiliates and all parties (including our personnel) associated with organising and delivering the services from any responsibility or legal liability in connection with the recreational activities or services. You agree that any liability in relation to recreational activities or services for death, physical or mental injury (including aggravation, acceleration or recurrence of such an injury) or the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you,

i.that is or may be harmful or disadvantageous to your or the community; or

ii.that may result in harm or disadvantage to you or the community in connection with the recreational activity or your attendance at the Premises and participation in the Membership Program is excluded.

(c)This release does not apply to significant personal injury caused by reckless conduct by Sports Performance. If you have accepted these Terms on behalf of your child, you agree to the release and exclusion of liability above in relation to your child’s participation in the recreational activities and services.

(d)This clause 11 will survive the termination or expiry of these Terms.

– Limitations

(a)Despite anything to the contrary, to the maximum extent permitted by law:

(1)you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us;

(2)you agree that these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms;

(3)our maximum aggregate Liability arising from or in connection with these Terms is limited to us re-supplying the training program to you, or, at our option, refunding to you the amount you have paid us for the Membership Program; and

(4)we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with:

i.any event or circumstance beyond our reasonable control;

ii.any loss, theft or damage to your property (including personal items);

iii.any negligent acts or omissions of you or any third party, including any third party that you allow onto the Premises or to use any part of the training or rehabilation program and/or any other member or user of the Premises; and/or

iv.lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Program.

(b)This clause 12 will survive the termination or expiry of these Terms.

– Term and Termination

(a)Your Membership will begin on the Start Date and continue for the Term.

(1)both parties will be discharged from any obligations and/or Liabilities under these Terms; and

(2)no refund will be initiated for termination or cancellations of any training program or package.

(3)We may terminate these Terms, immediately upon written notice, if:

(a)you commit a serious breach of these Terms;

(b)you breach these Terms and you do not remedy the breach within 14 days of us giving you notice to do so;

(c)you act in a manner that is dangerous to or abusive of any person;

(d)any payment has not been made within 7 days of the due date set out in the Payment Terms; or

(e)If we terminate your Membership for any reason outlined above, we may (without limiting any other right or remedy) recover any reasonable costs and expenses we incur as a result of your breach and:

– Collection Notice

1. We collect personal information about you in order to provide the Membership Program to you, to enable you to access and use the Facilities, to monitor your progress and tailor programs for you, to contact and communicate with you and to respond to your enquiries and for other purposes set out in our Privacy Policy.
2. We may disclose that information to third party service providers who help us deliver our services (including our information technology service providers, data storage, web-hosting and server providers, professional advisors, debt collectors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you. 

– Disputes

1. If you have any feedback or questions about the Membership Program, please contact us.
2. If there is a dispute or you have a complaint in relation to these Terms, your Membership or the Membership Program, you must tell us in writing the nature of the your complaint and/or dispute, what outcome you want and what action you think will settle the dispute. Within 7 days of receiving your notification, we will contact you to seek to resolve your complaint.

– General

1. Notices: Any notice given under these Terms must be in writing addressed to us at our details at the end of these Terms or you at your details which are registered with us. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
2. Publicity: You agree that we may advertise or publicise our provision of the training or rehabilitation program to you, including on our website or in our promotional material. Please let us know if you would not like your participation in the training or rehabilitation to be published.
3. Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our consent. This means you cannot transfer your Membership to another person. We may assign or transfer our rights or obligations under these Terms with notice to you.

For any questions or notices, please contact us at:

Rapid Sport Fitness, No 310/8, Guava Garden, KHB Colony, 5th Block, Koramangala, Bengaluru, Karnataka 560095

Email: info@rapidsportfitness.com

Last update: 1 November 2022