MEMBERSHIP AGREEMENT
& TERMS AND CONDITIONS

1.1"the Company", "X FITNESS", "we" or "us" means X FITNESS CENTRE (Business Registration No.: 202503023755; Old Registration No.: IP0604759-X), including its owners, directors, management, employees, agents and subcontractors.

1.2"Premises" means the gym facility operated by the Company, including all training floors, studios, reception, changing rooms, toilets, shower areas, storage areas, entrances and any car park or common area under the Company's control.

1.3"Member", "you" or "your" means any person holding a valid membership with the Company. Where the context requires, it also includes walk-in visitors, day-pass/per entry holders, trial users and guests.

1.4"Membership Term" means the period from the Activation Date recorded by the Company to the expiry date of the membership.

1.5"Agreement" means this Membership Agreement and Terms and Conditions, together with all gym rules, signage, notices and policies displayed at the Premises or published by the Company from time to time, all of which form part of this Agreement.

1.6Headings are for convenience only. Words in the singular include the plural and vice versa. "Including" means "including without limitation".

1.7If this Agreement is translated into Bahasa Malaysia, Chinese or any other language, the English version shall prevail in the event of any inconsistency.

2.1This site and all services offered herein are owned and operated by X FITNESS CENTRE ("the Company"). While the official registered name is X FITNESS CENTRE, the brand is commonly referred to as X FITNESS across all signage, marketing materials, and social media platforms.

2.2By signing up for a membership, purchasing an entry pass, entering the Premises, or using any of our facilities or services in any capacity, you acknowledge that you have read, understood and agree to be legally bound by this Agreement.

2.3This Agreement applies to members, walk-in visitors, day-pass holders, trial users, guests and visitors alike, except where a clause is expressly limited to members.

2.4This version (V03) supersedes V02 and all prior written or verbal agreements, terms, representations or policies between the Company and the member.

2.5This Agreement is made available to you before payment is taken. A current copy is displayed and available for inspection at the front desk, is published on the Company's official website, and may be provided to you on request or through the Company's official communication channels. By proceeding with payment or entering the Premises, you confirm that you have been given a reasonable opportunity to read this Agreement and that you accept it. No signature is required for this Agreement to be binding.

3.1Memberships are available in 1-month, 3-month, 6-month and 12-month plans, with payment made via one-time full payment in advance.

3.2All memberships are strictly non-transferable and non-refundable. A membership may not be sold, assigned, lent, gifted, shared or used by any person other than the registered member.

3.3The Membership Term begins on the Activation Date recorded by the Company at registration and expires automatically at the end of the Term, whether or not the member has used the facilities.

3.4Non-usage, illness, injury, travel, relocation, change of work schedule, change of mind or any other personal circumstance does not entitle the member to any refund, extension, credit or compensation. The only relief available is a freeze under Section 8.

3.5Entry is only permitted to those with a valid and active membership, or a valid one-time entry pass.

3.6Memberships cannot be paused, extended or backdated without a formal freeze request approved under Section 8.

3.7Membership upgrades may be permitted at the Company's sole discretion. Downgrades, partial refunds or cash-out of any unused portion are not permitted.

3.8Any future promotions, pricing changes, packages or additional perks introduced after your sign-up will not apply retroactively.

3.9By joining the club, members automatically accept and agree to be bound by these Terms and Conditions.

(a) Entry to the Premises

4.1Individuals below twelve (12) years old are strictly prohibited from entering the gym area at any time.

4.2Individuals aged 12 to 15 years old may enter and use the facilities by per entry passes only, and only when accompanied and supervised by a parent or legal guardian at all times. The accompanying parent or legal guardian is fully responsible for the minor's conduct and safety throughout the visit.

4.3Individuals aged 16 years old and above may enter and use the facilities independently.

(b) Eligibility for membership

4.4A membership may only be registered in the name of a person aged sixteen (16) years or above.

4.5Individuals below 16 years old are not eligible for membership under any circumstances, whether or not accompanied by a parent or legal guardian. Their only permitted form of access is walk-in entry under Clause 4.2.

4.6A person aged 16 or 17 may register for membership only with the written consent of a parent or legal guardian, who must co-sign this Agreement and who accepts joint and several responsibilities for the minor's conduct and for all obligations under this Agreement.

(c) Identity and accuracy of information

4.7You agree to provide accurate, complete and truthful personal information, including your full name, IC or passport number and contact details, at registration. The Company may require photographic identification at registration and at any time thereafter to verify identity, age and membership status.

4.8Providing false, forged, misleading or incomplete information is strictly prohibited, is a material breach of this Agreement, and may result in refusal of entry, suspension of access, immediate termination without refund, and/or legal action.

5.1By registering, you confirm that you are physically fit to exercise and do not suffer from any medical condition that may endanger yourself or others.

5.2You must disclose to the Company any medical condition, injury, disability, pregnancy or medication that may affect your safe use of the facilities. The Company may require a doctor's written clearance before permitting or continuing use of the facilities.

5.3Where a person has a medical condition that poses a material and immediate risk of transmission to others, the Company may require that person to refrain from attending until the condition has resolved or a medical clearance is provided. This clause is applied on medical and safety grounds only and shall not be applied in a discriminatory manner.

5.4Our staff, agents and subcontractors are not medically qualified. If you have any concern about your health or fitness to exercise, please consult a doctor before beginning any workout.

5.5Exercising under the influence of alcohol, drugs, or medication that may impair physical ability or judgment is strictly prohibited.

5.6You must report any injury, accident or incident occurring on the Premises to staff immediately and before leaving the Premises. Failure to report may affect any subsequent claim.

5.7You must provide and keep current an emergency contact. You consent to the Company contacting that person, and to the Company arranging emergency medical assistance at your cost, if you are unable to give consent at the time.

6.1All fees must be paid in full and in advance.

6.2Accepted payment methods include debit/credit card, cash or QR payment. A receipt or the Company's system record is the only accepted proof of payment.

6.3The Company reserves the right to revise membership fees, package structures and ancillary charges at any time, in compliance with applicable laws. Any revision applies to new sign-ups and renewals only and does not affect the fee already paid for a current, unexpired Membership Term.

6.4Where a payment is reversed, charged back, dishonoured or otherwise fails after access has been granted, the membership is suspended immediately until the outstanding amount is settled in full, and the member is liable for any resulting bank charges and reasonable administrative costs.

6.5All fees are quoted in Malaysian Ringgit. Any new or increased government tax, levy or duty introduced after the date of payment may be passed on to the extent permitted by law.

7.1Each member will be issued one (1) key fob upon registration for gym access.

7.2All members are required to scan their own key fob at the front desk to gain entry into the gym on every visit. Entering behind another person without scanning ("tailgating") is prohibited.

7.3Members who fail to present their key fob must provide relevant personal information (e.g. IC number) for staff to manually verify that their membership is active. Entry without verification will not be permitted.

7.4To ensure fairness for all members, manual check-ins are limited to a maximum of three (3) occasions. After the third manual check-in, you will be required to purchase a replacement key fob to continue accessing the gym.

7.5In the event of a lost or misplaced key fob, a replacement fee of RM30 will be charged.

7.6Faulty or defective key fobs may be replaced free of charge, subject to staff inspection and approval.

7.7Members must not share, lend or transfer their membership or key fob to any other person, or allow any other person to enter the Premises using their credentials. Bypassing registration or check-in procedures, or gaining unauthorised entry, is strictly prohibited. Doing so will result in immediate termination of membership without refund, and the Company may recover from the member the value of the unauthorised access obtained.

7.8Members may only access the gym during official operating hours. The Company may vary operating hours, close on public holidays, or close all or part of the Premises temporarily for maintenance, renovation, cleaning, safety, staff training or private events. Reasonable notice will be given where practicable.

7.9The Company reserves the right to limit entry, restrict walk-in access, implement waiting periods, or refuse entry during peak hours, special events, maintenance periods or overcrowded conditions, for safety and operational reasons.

7.10The Company reserves the right to refuse entry to, suspend the access of, or remove from the Premises any individual whose conduct, hygiene or attire is deemed inappropriate, unsafe, disruptive, or inconsistent with the rules and interests of the Premises.

8.1Each membership is entitled to one (1) freeze request during its active period, subject to a one-time processing fee of RM150.

8.2The maximum freeze duration allowed depends on the membership type:

• 1-Month Membership: Not eligible to freeze
• 3-Month Membership: Up to 3 months freeze
• 6-Month Membership: Up to 6 months freeze
• 12-Month Membership: Up to 12 months freeze

8.3Freezing a membership will extend the contract duration by the exact frozen duration.

8.4Members must notify gym management in advance to request a freeze. Requests must be made in writing (including via the Company's official WhatsApp number) and take effect only from the date approved by the Company. Freezes cannot be backdated or applied retroactively.

8.5The minimum freeze period is one (1) full month, and freezes are applied in whole-month blocks.

8.6A freeze may not be requested while a membership is suspended, under disciplinary investigation, or after it has expired.

8.7During the freeze period, access to the gym is temporarily suspended and the key fob will be deactivated.

8.8The RM150 processing fee is non-refundable and applies to both standard and extended freeze requests.

9.1Members are expected to follow all gym rules, including proper conduct, hygiene and equipment usage, and to comply immediately with any instruction given by staff on safety or conduct.

9.2Proper gym attire and sports shoes must be worn at all times. Sandals, slippers, open-toed footwear and bare feet are not permitted on the training floor.

9.3Removing shirts in public areas is not allowed, except within the designated posing area.

9.4Members and visitors must return all equipment and tools to their designated places after use. All weights, including dumbbells and bumper plates, must be re-racked after use.

9.5Slamming or dropping dumbbells, barbells or bumper plates unnecessarily, or misusing gym equipment, is strictly prohibited.

9.6Members and visitors are expected to maintain proper personal hygiene while using the facilities, and to wipe down equipment after use where applicable.

9.7During peak hours, members must share equipment reasonably and must not occupy stations while inactive.

9.8Respectful behaviour towards staff, members and visitors is required at all times. Members must not threaten, intimidate, insult, or physically or verbally abuse any other member, staff member, guest or visitor. Any disrespectful, threatening, dangerous, disruptive or inappropriate behaviour may result in warnings, suspension, removal or permanent banning without refund.

9.9Smoking, vaping, alcohol, weapons, dangerous items, glass containers and pets (other than recognised assistance animals) are not permitted on the Premises.

9.10Any intentional or negligent damage to gym property, equipment or facilities, or the disturbance of other members, will not be tolerated. Members are liable for the full cost of repair or replacement, and compensation charges and legal action may follow.

9.11Members must not enter staff-only areas, reception counter, offices, storage rooms, plant rooms or any area marked as restricted.

9.12Members must not tamper with, disable, obstruct, cover or reposition any CCTV camera, alarm, fire safety equipment, door, lock or access control device.

9.13Loitering, sleeping, or remaining on the Premises for purposes unrelated to training is not permitted.

11.1Photography, video recording and live-streaming are strictly prohibited inside changing rooms, toilets and shower areas at all times, without exception.

11.2Recording or photographing other members or visitors without their consent is strictly prohibited. Elsewhere on the Premises, members may film themselves for personal use only, provided that no other person appears identifiably in the frame without that person's express prior consent, and provided that it does not obstruct or inconvenience others.

11.3Recording, photographing, live-streaming or covertly observing any person without their consent — including any recording of an intrusive, intimidating or sexual nature — is strictly prohibited and constitutes Serious Misconduct under Clause 18.3.

11.4Unauthorised commercial filming, photography, photoshoots, influencer or sponsored content, media interviews, solicitation or promotional activities within the Premises are not permitted unless approved in writing by management.

11.5The Company may require any person to immediately delete, in the presence of staff, any image or recording taken in breach of this Section. Refusal is itself Serious Misconduct. Where the material may constitute evidence of an offence, the Company will instead preserve it and hand it to the police.

11.6The Company may photograph or film on the Premises for marketing purposes. Reasonable notice will be given, and any member who does not wish to appear may inform staff, in which case the Company will not use their image.

13.1The use, possession, preparation, distribution or administration of steroids, illegal drugs or unauthorised performance-enhancing substances within the Premises is strictly prohibited.

13.2Injecting or attempting to inject any substance within the Premises, including in restrooms, changing areas or the car park, is strictly prohibited.

13.3The disposal of needles, syringes, vials or related paraphernalia anywhere on the Premises is strictly prohibited.

13.4Individuals found engaging in any activity under this Section may receive warnings, suspension, or immediate permanent banning without refund, depending on the severity or repeated nature of the offence. Distribution, supply or administration to any other person is Serious Misconduct under Clause 18.3 and will result in immediate permanent banning.

13.5The Company reserves the right to report illegal activities to law enforcement authorities where necessary.

14.1In this Section, "External Trainer" means any person who conducts personal training, coaching or instruction on the Premises and who is not employed by the Company.

14.2The Company currently permits External Trainers to conduct personal training on the Premises, subject to this Section and to the following conditions: both the External Trainer and each person being trained must at all times hold a valid and active membership, or have paid the applicable walk-in entry fee, for every visit.

14.3Permission under Clause 14.2 is granted at the Company's discretion, is not a right, and may be varied, suspended or withdrawn at any time, either generally or in respect of any individual, without compensation.

14.4The Company reserves the right to introduce, at any time, additional fees, levies, registration requirements, insurance or certification requirements, session limits, designated time slots or other conditions applicable to External Trainers. Any such fees or conditions, and the date they take effect, will be determined and announced by management through the Company's official channels or by notice displayed at the Premises. Continuing to conduct training on the Premises after the announced effective date constitutes acceptance of those fees and conditions.

14.5External Trainers must not, whether on or off the Premises, represent or imply that they are employed by, affiliated with, endorsed by, certified by, or acting on behalf of X FITNESS. All advertising, social media content, pricing and communications must make clear that the training service is provided by the External Trainer in their own personal capacity.

14.6External Trainers must not use the X FITNESS name, logo, marks, signage, interior imagery, videos or any other Company property to advertise, promote or sell their own training services, classes or packages, without the Company's prior written permission. This is in addition to Section 25.

14.7External Trainers must not approach, canvass, solicit or recruit the Company's members, walk-in customers, guests or staff, whether on or off the Premises, for their own training services or for any other business. Training may only be conducted for clients who have engaged the External Trainer independently and outside the Premises.

14.8No person may sell goods or services, distribute promotional material, collect payment, run promotional activities, or recruit members or staff for any other business on the Premises, without the Company's prior written permission.

14.9External Trainers are solely responsible for the safety, instruction and conduct of the persons they train, and for their own qualifications, licences, taxes and insurance. The Company gives no warranty as to any External Trainer and accepts no liability whatsoever in respect of any training service provided by an External Trainer. The External Trainer indemnifies the Company against all claims arising from that service.

14.10External Trainers must not monopolise equipment, obstruct other users, or conduct group sessions that unreasonably restrict access for other members, particularly during peak hours. Staff instructions on this take immediate effect.

14.11Breach of this Section may result in immediate withdrawal of permission to train on the Premises, termination of membership without refund, permanent banning, and recovery by the Company of a reasonable fee for the unauthorised commercial use of the Premises.

15.1Members and visitors are responsible for securing their personal belongings. Lockers are provided for same-day use only during the visit and belongings must not be left overnight.

15.2The Company may open, cut or remove any locker left secured after closing time. Any lost and found item retained by the Company for more than seven (7) days without claim may be disposed of at the Company's discretion.

15.3The Company shall not be responsible for any loss, theft or damage to personal property brought onto the Premises, including items in lockers and vehicles in the car park, save to the extent caused by the Company's own proven negligence.

15.4Members are encouraged not to bring valuables to the Premises, and to obtain personal insurance for any potential loss, injury or damage arising from gym use.

16.1Walk-in entry is valid for one-time access only, on the day of purchase, and cannot be carried forward.

16.2Fees paid for walk-in entry and day passes are non-refundable and non-transferable.

16.3All walk-in visitors, day-pass holders, trial users and guests are required to complete the designated check-in procedure and register their details before entering the Premises, and are bound by this Agreement. The age requirements in Clauses 4.1 to 4.3 apply to all walk-in entry.

16.4Failure or refusal to check in may result in immediate removal from the Premises without refund.

16.5Sharing access, bypassing registration procedures, or unauthorised entry is strictly prohibited and may result in suspension or permanent banning.

16.6A member who brings a guest onto the Premises is responsible for that guest's conduct and for any damage or loss caused by that guest.

17.1Where classes or bookable sessions are offered, places are subject to availability and must be booked in advance.

17.2Members must cancel a booking within the notice period stated at the time of booking. Repeated no-shows may result in booking privileges being withdrawn.

17.3The Company may cancel, reschedule, substitute the instructor of, or change the format of any class. Where a paid class is cancelled by the Company, a replacement session or credit will be offered.

19.1All fees paid are strictly non-refundable, including but not limited to early termination, disciplinary termination, voluntary cancellation, non-usage, or dissatisfaction with services or facilities.

19.2Clause 19.1 does not exclude, restrict or modify any right or remedy that cannot lawfully be excluded under Malaysian law, including the Consumer Protection Act 1999.

19.3If the Company permanently ceases operations at the Premises during a Membership Term and does not offer a reasonable alternative location, the Company will refund the pro-rated unused portion of the membership fee.

20.1All equipment and facilities are used at your own risk. You acknowledge and accept the inherent risks of physical exercise, including muscular and joint injury, cardiac events and, in rare cases, serious injury or death.

20.2The Company and its staff are not responsible for members' personal health conditions. For safety, you are responsible for correctly using all facilities and for training within your capability. If unsure about equipment usage, ask a staff member before use.

20.3To the fullest extent permitted by law, the Company shall not be held responsible for any injury, accident, illness, health-related issue, loss or damage suffered on or in connection with the Premises, save to the extent directly caused by the Company's own negligence or by a breach of a duty that cannot lawfully be excluded.

20.4Nothing in this Agreement excludes or limits liability for death or personal injury caused by the Company's negligence, or for fraud, to the extent that such exclusion is prohibited by law.

20.5To the fullest extent permitted by law, the Company's total aggregate liability to any member arising out of or in connection with this Agreement shall not exceed the total membership fees paid by that member in the twelve (12) months preceding the event giving rise to the claim.

20.6The Company is not liable for any indirect or consequential loss, including loss of income, profit or opportunity.

21.1You agree to indemnify and hold harmless the Company against all claims, damages, losses, costs and reasonable legal fees arising out of your breach of this Agreement, your negligence or wilful misconduct, or the conduct of any guest you bring onto the Premises.

22.1The Company may add, remove, relocate, replace or withdraw equipment, classes, services, facilities and operating hours from time to time without compensation, provided the overall service remains substantially available.

22.2The Company is not liable for any failure or delay in performance caused by events beyond its reasonable control, including fire, flood, natural disaster, epidemic or pandemic, government order, movement control order, utility or internet failure, strike, riot, civil unrest or act of God.

22.3Where a closure caused by an event under Clause 22.2 lasts more than fourteen (14) consecutive days, the Company will extend all affected Membership Terms by the length of the closure. No cash refund will be given in respect of such closures.

23.1By registering, you consent to the collection, storage, processing and use of your personal data in accordance with the Personal Data Protection Act 2010 (PDPA) for registration, operational, security and safety purposes.

23.2The personal data collected may include your name, IC or passport number, date of birth, contact details, emergency contact, photograph, health declaration, payment records, attendance records and CCTV images.

23.3This data is processed for the purposes of membership administration, access control and identity verification, safety and security, health and emergency response, billing and accounting, service communications, complaint and disciplinary investigation, insurance documentation, legal and regulatory compliance and, where you have consented, marketing.

23.4Your personal information will be kept confidential and will only be accessible by authorised management-level personnel on a need-to-know basis. The Company will take reasonable and practical steps to protect your personal data from misuse, unauthorised access, modification, disclosure or loss.

23.5CCTV surveillance is in operation within the Premises for safety, security, operational and investigation purposes. No cameras are installed inside toilets, changing rooms or shower areas.

23.6In the event of complaints, disputes, harassment, stalking, theft, vandalism, misconduct, accidents or security incidents, CCTV recordings may be reviewed by authorised management personnel for investigation purposes.

23.7In the event of an accident, injury, medical emergency, property damage, criminal investigation or legal dispute, the Company reserves the right to disclose relevant personal information and CCTV footage to hospitals, emergency responders, insurance providers, legal representatives, law enforcement authorities or courts as supporting evidence, where necessary.

23.8Personal data is retained for the duration of the membership and for such further period as is required for operational, legal, safety, security and record-keeping purposes in accordance with applicable laws.

23.9You may request access to or correction of your personal data, or withdraw consent to marketing, by contacting the Company through its official communication channels. Withdrawal of consent that is necessary for membership administration may make it impossible to continue the membership.

24.1The Company may give notice by any of the following: notice displayed at the Premises, WhatsApp, SMS, email, telephone call, or the Company's official social media channels, using the contact details in the member's record.

24.2Notices are deemed received on the day sent if sent during operating hours, and otherwise on the next working day.

24.3Members must keep their contact details current and notify the Company of any change. The Company is not responsible for notices not received due to outdated contact details.

25.1The X FITNESS name, logo, marks, designs, programmes, materials and content are the property of the Company and may not be used, reproduced, imitated or registered by any other person without the Company's prior written permission.

26.1Complaints should first be raised with the front desk or with management, who will respond within a reasonable time.

26.2The parties will attempt in good faith to resolve any dispute amicably before commencing formal proceedings.

26.3This Agreement is governed by the laws of Malaysia, and the parties submit to the exclusive jurisdiction of the courts of Malaysia.

27.1Amendments. The Company reserves the right to amend, modify or update this Agreement at any time. Updated versions will be made available at the front desk and through the Company's official channels. Continued use of the facilities after an amendment takes effect constitutes acceptance of that amendment. No amendment will increase the fee already paid for a current, unexpired Membership Term.

27.2Entire Agreement. This Agreement supersedes all prior written or verbal agreements, terms or policies between the Company and the member. No staff member has authority to vary this Agreement verbally; only a written variation issued by management is valid.

27.3Severability. If any clause is held invalid or unenforceable, the remaining clauses continue in full force, and the invalid clause shall be read down to the minimum extent necessary to make it valid and enforceable.

27.4No Waiver. Any failure or delay by the Company in enforcing any clause is not a waiver of its right to enforce that clause at any later time.

27.5Third Parties. No person other than the Company and the member has any right to enforce any term of this Agreement.

27.6Assignment. The Company may assign or transfer its rights and obligations under this Agreement, including upon a sale or restructuring of the business. The member may not assign or transfer any rights under this Agreement.

27.7Survival. Clauses 9.10, 15.3, 19, 20, 21, 23, 25 and 26 survive the expiry or termination of this Agreement.

Questions about this Agreement, or complaints under Section 26, can be raised through: