Terms and Conditions Governing Participation in Personal Training Sessions

The following are the Terms and Conditions governing the rights and obligations of SgFitFam Pte. Ltd (UEN 201901929G) (SgFitFam) and the Participants of any of its classes. SgFitFam provides customised personal training and corporate health programs which can be held virtually, and offers a team of fitness professionals, each with their specialisation and assigned training locations (Personnel). For the purpose of these Terms and Conditions, a Participant is defined as an individual employed by Partners Group (Singapore) Pte. Ltd (UEN 200410184K) (Partners Group) and who participates in Partners Group’s corporate wellness program consisting of Personal Training sessions.

1. Participant’s Acknowledgement

The Participant agrees that:

(a) He/she has read the T&Cs herein and accepts them as a legal and binding contract.

(b) He/she is of legal age and capacity and has voluntarily entered into this agreement.

(c) He/she understands and accepts that the Personal Training pass(es) are issued under the corporate wellness program offered by Partners Group, therefore his/her entitlement and rights to any services provided by SgFitFam is subject to any changes in the program by Partners Group and/or obligations under the Agreement.

2. Booking Policy

(a) Personal Training – Personal Training sessions are strictly by appointment. The Participant shall make the appointment 7 days in advanced via SgFitFam’s Booking System. Personal Training sessions are to be conducted by the Participant’s choice of personal trainer subject to availability.

3. Cancellation Policy

(a) Personal Training – 24 hours of notice to the personal trainer is required in the event of cancellation or postponement, failing which, the Personal Training session will be forfeited.

4. Rescheduling Policy

(a) Personal Training – any rescheduling of Personal Training session is subject to agreement between the Participant and the personal trainer and the personal trainer’s schedule.

5. Late Policy

(a) Personal Training – Should a Participant fail to turn up for a class on time, no additional time will be compensated. SgFitFam reserves the right to forfeit the session if the Participant fails to turn up within 15 minutes of the appointment start time.

(b) SgFitFam reserves the right to reschedule any sessions or assign another Personnel should the assigned Personnel be unavailable due to reasons deemed acceptable by SgFitFam at its discretion.

6. Physical Condition and Assumption of Risk

(a) The Participant fully understands that he/she is engaging in physical exercise and training and instructions by SgFitFam’s personnel, which may cause injury, a risk of abnormal body changes and other hazards to him/her. He/she thereby agrees that he/she is a voluntary participant in physical exercises, the use of facilities or equipment, and the training and instruction by SgFitFam’s personnel and he/she is assuming all risk and injury including but not limited to abnormal body changes and even death on account of these activities. It is further agreed that SgFitFam will not perform and is not required to perform any evaluation of the Participant’s physical condition which might result in the identification of risk factors contradicting or prohibiting physical exercise prior to his/her starting or continuing an exercise activity.

(b) The Participant hereby warrants, represents and agrees that he/she is in good physical condition and has no physical disability, impairment or ailment that he/she is aware of preventing him/her from engaging in any exercise activity, or that will be detrimental to his/her health, safety, comfort, physical condition, or that of others. The Participant acknowledges and agrees that it is his/her responsibility to consult with his/her physician or other health care professionals prior to participating in a Personal Training Session and to determine if participating is appropriate for him/her. The Participant further undertakes that he/she will not participate in the Personal Training session if his/her physician or health care provider advises against it.

(c) SgFitFam shall not be liable or responsible for any injury or abnormal body changes caused as a result of the training and instructions by SgFitFam’s Personnel and/or the use of facilities or equipment except to the extent caused by gross negligence or wilful misconduct.

7. Waiver, Release of Liability and Indemnification

(a) Save for willful misconduct or gross negligence by SgFitFam, the Participant hereby waives any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury (including, but not limited to, to bodily injury, physical harm, loss, illness, death or property damage) that may be sustained by the Participant, while participating in the Personal Training session, or while or upon the premises where the class is being conducted (if applicable).

(b) The Participant has carefully read this clause and fully understands this as a release of any and all future claims of whatsoever nature against SgFitFam and its Personnel, including the personal trainers, instructors, employees or agents.

(c) Save for willful misconduct or gross negligence by SgFitFam, and to the extent permitted by Law, the Participant shall indemnify and hold SgFitFam, affiliate entities, each of their respective trainer(s), officers, employees, representatives and agents harmless from any claim, demands, liabilities, losses, damages, costs and expenses arising from or in connection with this Terms and Conditions or the Participant’s participation in the Personal Training Package, including but not limited to bodily injury, physical harm, loss, illness, death or property damage.

8. Results

(a) The Participant acknowledge and agree that the effectiveness and/or results of the training provided under the Personal Training program cannot be guaranteed as it varies depending on an individual’s own efforts.

(b) No representations, assurances or guarantees of any kind have been made or will be made by SgFitFam or any Personnel concerning any specific results and/or outcomes of the training.

9. Provision of Personal Data

(a) For the purposes of this Clause, Personal Data means data, whether true or not, about an individual who can be identified (a) from that data alone; or (b) from that data and other information which SgFitFam has or is likely to have access.

(b) The Participant understands, acknowledges and consents to SgFitFam processing, collecting and using his/her Personal Data for the following purposes:

(i) Verification of identity;

(ii) Processing, administering and managing his/her participation in the Personal Training Class;

(iii) Contacting or communicating with the Participant via telephone call, text message, fax message, email and/or postal mail for the purposes of processing, administering and managing his/her participation in the Personal Training Class;
(iv) Record-keeping purposes;

(v) Complying with any applicable law, regulation, legal process or authorities request; and

(vi) Any other purposes which SgFitFam notifies the Participant at the time of obtaining his/her consent.

(c) SgFitFam will put in place reasonable security arrangements (including, where appropriate, physical, administrative, procedural and information & communications technology measures) to prevent unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of the Participant’s personal data, or other similar risks to protect the Participant’s Personal Data in SgFitFam’s control or possession.

(d) SgFitFam will not transfer any Personal Data to a place outside Singapore without the Participant’s prior written consent.

(e) SgFitFam will notify the Participant without undue delay on becoming aware of a Personal Data breach

(f) SgFitFam shall not retain the Participant’s Personal Data (or any documents or records containing Personal Data, electronic or otherwise) for any period of time longer than is necessary to serve the purposes of the Agreement.

(g) At the written direction of the Participant, delete or return Personal Data and copies thereof to the Participant on termination of the Agreement unless required by applicable laws to store the Personal Data.

10. Intellectual Property

(a) All intellectual property rights, including but not limited to copyright, trademarks, domain names, designs, trade or business names, rights protecting goodwill and reputation and other similar or corresponding proprietary rights, in the materials created by SgFitFam in the course of providing the services belong to SgFitFam.

(b) SgFitFam owns all video recordings, sound recordings, and contents rights of their services that are provided to the Participants, which is conducted by SgFitFam's Personnel. If the Participant would like access to any of the mentioned recordings or contents for any reason, SgFitFam would only be able to provide a link for the Participant to view the recordings or contents but will not be download-able. If the Participant wishes to have a download-able version, there will be an additional fee set by SgFitFam.

(c) Except as expressly authorized by SgFitFam, the Participant agrees not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, circulate or otherwise make unauthorized use of any recordings or contents. In the event that the recordings or contents are downloaded to his/her device, the Participant does not obtain any ownership interest in such contents.

11. Photography and Videography

(a) During the session(s), photos and/or videos may be taken and used as part of SgFitFam’s training and marketing purposes. If the Participant does not wish to have the session filmed, recorded or pictures taken, please inform SgFitFam in advance.

12. Amendment of Terms

(a) SgFitFam may amend the Terms and Conditions from time to time. All amendments will be effective upon sending the Participant such updated Terms via email.

13. Governing Law

(a) The Terms and Conditions are governed by the laws of Singapore.