TERMS & CONDITIONS & LIABILITY WAIVER

1. Acceptance of Terms 

 

By registering as a member, attending any class, or using the facilities of Absclusive Fitness Sdn. Bhd. (“the Company” or “the Studio”), you (“the Member” or “Participant”) acknowledge that you have read, understood, and agreed to these Terms and Conditions.

The Company reserves the right to amend these Terms and Conditions at any time without prior notice. Continued participation constitutes acceptance of the revised terms.
 

​

2. Membership and Payments 

​

• All memberships, packages, and class credits are non-transferable and non-refundable, except where required by law.
   

• Full payment must be made before participation in any class or service.
   

• Prices, packages, and schedules are subject to change with reasonable notice.
   

• The Company reserves the right to suspend or terminate membership for breach of these terms or misconduct.
   

​

3. Bookings and Cancellations 

​

• All classes must be booked in advance via the Studio’s approved booking system.
   

• Late Cancellations: Cancellations made less than 6 hours before a scheduled class are considered late. The class credit will be forfeited.
   

• No-Shows: Failure to attend a booked class without notice will result in full charge or forfeiture of the session.
   

• Repeated late cancellations or no-shows may result in suspension of booking privileges.
   

 

4. Safety, Health, and Assumption of Risk 

​

• Participation in any fitness activity involves inherent risks, including physical injury, strain, illness, or other medical conditions.
   

• Members participate voluntarily and at their own risk.
   

• The Company, its directors, employees, agents, and instructors shall not be liable for any injury, accident, or loss arising from participation, except in cases of proven gross negligence.
   

• Members must ensure they are medically fit to participate and disclose any pre-existing medical conditions or injuries before joining.
   

• Members agree to follow all safety instructions and to use equipment responsibly.
   

• The Company reserves the right to deny participation if a Member’s health or behavior poses a safety risk.

​​

​

5. Use of Image, Video, and Likeness 

​

• By attending the Studio or participating in its programs, Members grant Absclusive Fitness Sdn. Bhd. the right to use their image, likeness, and voice in photos, videos, or recordings for marketing, promotional, or social media purposes, without compensation.
   

• Members who do not wish to be featured must notify the Studio in writing before participating in any session.
   

 

6. Personal Belongings 

​

• Members are responsible for their personal belongings.

• The Studio will not be liable for any loss, theft, or damage to personal property on its premises, including items stored in lockers or other areas.
   

 

7. Code of Conduct 

 

Members are expected to:

• Be respectful and courteous toward instructors, staff, and other members.
   

• Maintain good hygiene and wear proper workout attire and footwear.
   

• Use equipment correctly and return it after use.
   

• Avoid conduct that is unsafe, disruptive, or disrespectful.
   

The Company reserves the right to suspend or terminate membership for misconduct or violation of these terms.

​

​

8. Privacy and Data Protection (PDPA Notice) 

 

  a. Collection of Personal Data

   The Company may collect personal data including, but not limited to:

​

• Name, contact details, identification information, and emergency contact details.
   

• Health and fitness information necessary for safe participation.
   

• Photos, videos, or recordings during Studio activities.
   

• Payment information and transaction records.
   

  b. Purpose of Collection

   Your data is collected and processed to:

1. Manage memberships, bookings, and payments.
    

2. Communicate class schedules, updates, and promotions.
    

3. Ensure member safety and customize training programs.
    

4. Maintain internal administrative and accounting records.
    

5. Comply with legal obligations.
    

6. Conduct marketing and promotional activities (with consent).
    

  c. Data Protection

• The Company takes reasonable steps to protect your personal data from unauthorized access, use, disclosure, or loss.
   

• Only authorized personnel have access to your information, and data is retained only as long as necessary for legitimate business or legal purposes.
   

  d. Disclosure of Data

   Your data may be shared only with:

• Service providers (e.g., IT, payment, marketing) who are bound by confidentiality agreements.
   

• Government or regulatory bodies where required by law.
   

• Insurance or legal representatives for legitimate business protection.
  The Company does not sell or trade personal data to third parties.
   

  e. Your Rights

   Under the Personal Data Protection Act 2010 (PDPA), you have the right to:

• Access and request correction of your personal data.
   

• Withdraw consent for processing (subject to legal or contractual restrictions).
   

• Request deletion of your personal data, where applicable.
   

All requests must be made in writing to:
Email: absclusivefitness@gmail.com
Address: Absclusive Fitness Sdn. Bhd., 12-1-1 Jalan Semarak Api 2, Diamond Square, 53000 Kuala Lumpur.
 

  f. Marketing Communications

   By providing your contact details, you consent to receiving updates, offers, and
   promotions. You may opt out at any time by emailing the Company.

 

9. Liability Waiver 

 

By participating in any Studio activity, you acknowledge that:

• You understand the nature of fitness training and voluntarily assume all risks associated with participation.
   

• You release Absclusive Fitness Sdn. Bhd., its employees, contractors, and agents from any liability for injury, loss, or damages sustained during or after participation.
   

• This waiver applies to all activities organized, sponsored, or endorsed by the Company, whether on or off the premises.
   

 

10. Governing Law 

 

These Terms and Conditions are 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