Terms of Service

Membership Terms

• Membership is the validity period of a personal training session to the member and is non-assignable, non-transferable and non-refundable. A member may not loan his/her membership card to be used by a third party. The Company may assign the benefit of these agreements to any person, firm or Company at any time without notice to the member.
• All new memberships and membership transfers are subject to the approval of The Management. The Management reserves the right to reject an application for membership to The Studio for any reason whatsoever.
• Upon acceptance, the member will be issued with a membership card (which shall remain the property of the Company), and the member shall be entitled to all the rights and privileges under the class of membership. If a membership card is lost or misplaced, The Management will issue a replacement card at a nominal charge.
• Any member wishing to enter The Studio without a valid membership card must do a manual checking at the counter before starting a session.
• The Body Lab Studio Membership Categories:
  • Starter Pack (5 sessions) – 31 Days
  • Power-Through (10 sessions) – 100Days
  • Supercharge (20 sessions) – 175 Days
  • Elite (88 sessions) – 365 days
• Memberships are available to individuals who have attained a minimum age of 14 years old. A parent/ guardian for any applicants below 18 and above 14 must sign on the agreement/paper contract or digital contract as consent for the minor to join The Studio and abide by the rules and regulations. Alternatively, the parent/guardian may produce a signed letter of consent to The Studio.
• Prepaid membership dues and free fees are non-refundable, non-transferable in any circumstances. A lump-sum prepaid term membership plan is available upon request. Lump-sum membership will automatically end at the minimum term unless you choose to renew it.

Membership Agreement / Contract Form

• A digitally/electronically signed contract and paper signed contract are legally recognised and shall not be denied of its legal effect, validity, or enforceability.
• You will be given a copy of the digital signed contract upon joining via email that you have provided to us. Alternatively, you may request to have a printed copy from The Studio upon joining.
• A paper form contract may be used at the discretion of The Studio.

Personal Training Fees

• All members shall pay a Fee in the sum specified, which are non-refundable and shall become due immediately upon being accepted as a member. Joining fees and administration fees are subject to change without notice.
• Initial fees and Membership fees are not refundable upon resignation or termination for any reason whatsoever.
• Failure to use the training session does not eliminate the obligation to pay all subscriptions on time.
• The credit card/bank direct debit authorisation amount must be sufficient to cover at least three months of subscription outstanding plus late payment fees. On occasions, bank delays may cause your credit card/direct debit to be inactive for several months. In this case, you can make payments directly at The Studio. Please continually update your billing details and contact information with The Studio. The Body Lab Studio may increase the frequency of billing runs at any time to collect the arrears.
• The Management reserves the right to cancel any membership on which fees are unpaid for three months or more. Legal action will be taken to recover outstanding dues from the member.
• Any lapse in membership will require the member to be charged as late payment.
• Membership Fee Increase:
• Price promise; The Body Lab Studio agrees not to increase the Members’ Monthly Dues within their Minimum Contract Period (MCP).
• Thereafter The Body Lab Sdn. Bhd. reserves the right to increase prices of any existing membership option, whether individual or under a corporate account, subject to giving 30 days’ notice to the Members by posting such notifications in The Studio or by whatever means is deemed appropriate at the time.
• Monthly Membership Dues are payable in advance through the autopay system. The Body Lab Sdn. Bhd. reserves the right to charge a nominal fee in the event of late payment due to unsuccessful collection for whatever reason or in the event that an alternative method of payment is used.
• If membership fees are increased, you hereby authorise the Company to increase any autopay instruction indicated in the front of the membership application form upon joining (or on a separate Action Form – whichever is the most current) accordingly.

Health and Safety

• Our staff, agents and subcontractors are not medically qualified, so if you have any doubts about your fitness or capability to exercise, we strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for correctly using all studio facilities. If you are not sure how to use any equipment, always ask a member of staff.
• The member warrants and represents that he/she is in good physical condition and that he/she knows of no medical or any other reason why he/she is not capable of engaging in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition.
• The member shall not use any studio facilities whilst suffering from any infections or contagious illness, disease or other ailments such as open cuts, abrasions, open sores or minor infection, where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other members. (Users of pacemaker and pregnant women are strongly advised against using the device)
• Members are advised to consult their physician before commencing any type of physical exercise and to let the EMS Personal Trainer know the previous and current health condition.
• All members are encouraged to fix an appointment to undertake your training session conducted by an EMS Personal Trainer before starting an exercise program.
• Members should be considerate of other members training sessions at the training area and be seated in the waiting room.
• EMS Personal Trainers are authorised to stop anyone from using studio facilities in a manner that may result in personal injury or/and injury to others. Users must abide by the instructions of the Personal Trainer.
• Smoking is not permitted in any part of The Studio.
• In the interest of health and hygiene, all members are requested to sanitise their hands before and after the session.
• Members or guests may not use The Studio’s facilities while under the influence of alcohol, narcotics or other mood-altering substances.

Health and Safety

• Our staff, agents and subcontractors are not medically qualified, so if you have any doubts about your fitness or capability to exercise, we strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for correctly using all studio facilities. If you are not sure how to use any equipment, always ask a member of staff.
• The member warrants and represents that he/she is in good physical condition and that he/she knows of no medical or any other reason why he/she is not capable of engaging in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition.
• The member shall not use any studio facilities whilst suffering from any infections or contagious illness, disease or other ailments such as open cuts, abrasions, open sores or minor infection, where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other members. (Users of pacemaker and pregnant women are strongly advised against using the device)
• Members are advised to consult their physician before commencing any type of physical exercise and to let the EMS Personal Trainer know the previous and current health condition.
• All members are encouraged to fix an appointment to undertake your training session conducted by an EMS Personal Trainer before starting an exercise program.
• Members should be considerate of other members training sessions at the training area and be seated in the waiting room.
• EMS Personal Trainers are authorised to stop anyone from using studio facilities in a manner that may result in personal injury or/and injury to others. Users must abide by the instructions of the Personal Trainer.
• Smoking is not permitted in any part of The Studio.
• In the interest of health and hygiene, all members are requested to sanitise their hands before and after the session.
• Members or guests may not use The Studio’s facilities while under the influence of alcohol, narcotics or other mood-altering substances.

Operating Hours

The Body Lab Studio operating hours is between 7.00 am and 9.00 pm and solely on an appointment-basis scheduling. The Management reserves the right to adjust the hours for purposes of cleaning, decorating, repairs, special private functions and holidays. The Management shall endeavour to give reasonable notice of any change in operating hours.

Provision of Personal Data

• The Company recognised the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect, and process your personal data.
• You understand, acknowledge and consent to the Company processing, collecting and using your personal data for the following purposes:
• Processing, administering and managing your Membership Contract benefit programs;
• Processing any transactions or payments made by you and maintaining payment records;
• Contacting you or communicating with you via a telephone call,
  text message, fax message, email and/or postal mail for the purposes of the processing, administering and managing your Membership Contract benefit programs;
• For publicity purposes and conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities in order to enhance the services we provide to you, where you have consented for the Company to do so;
• Record-keeping purposes;
• Responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;
• Complying with any applicable law, regulation, legal process or government request; and
• Storing, hosting and/or backing up (whether for disaster recovery or otherwise) your personal data, whether within or outside Malaysia.
• Your personal data may be used, disclosed, maintained, accessed, processed and/or transferred to the following third parties, whether in Malaysia or outside of Malaysia, for one or more of the purposes set out above:
• The Company’s head office, affiliates and subsidiaries;
• Any of the Company’s agents, contractors or third-party service providers that process or will be processing your personal data on our behalf, including but not limited to those third-party service providers which the Company has engaged to (i) to provide and maintain any IT equipment used to store and access your personal information; (ii)
  to operate the; or (iii) otherwise in connection with the provision of The Body Lab Studio services to you;
• The Company’s auditors and legal advisors;
• Financial institutions, credit card companies and payment processors; and
• Public and governmental/regulatory authorities, courts and other alternative dispute forums.

Others

• Soliciting and selling private personal training sessions or merchandise to any member are prohibited and shall result in immediate termination of the member concerned.
• Daily lockers must be cleared daily. Unclaimed or lost properties will be kept by The Studio for a period of 1 month, after which The Management reserves the right to dispose of the items in any way it sees fit. No claims shall be entertained after this period.
• The Management reserves the right to use any individual or group photographs of members and/or guests for press or promotional purposes.
• All members must abide by the rules of The Studio, which may be amended, varied, deleted and added from time to time at Management’s discretion.
• Failure by The Management to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.
• These Rules shall be governed and construed in accordance with Malaysia’s laws and subject to Malaysia’s jurisdiction.
• All brandings, designs, logos, and studio interior are mainly for The Body Lab Sdn. Bhd. use only. Any guests or members are not allowed to photograph or copy any studio interior designs, promotional materials, tag lines or theme. The Body Lab Sdn. Bhd. reserves the right to proceed with legal action to any member caught distributing, sharing or supplying such contents to any third-party vendor or competitor.

Limitation of Liability

In consideration for The Management accepting his/her application for membership of The Studio and him/her becoming and remaining a member of The Body Lab Studio, the member agrees that:

• The Body Lab Sdn. Bhd. accepts no responsibility for loss or damage to members’ or their guests’ properties or death or injuries sustained while on the premises. Members and their guests agree that no claims will be made against the Company, The Body Lab Sdn. Bhd., The Management or staff for any reason whatsoever.
• The Body Lab Sdn. Bhd. its associated companies, employees or agents shall not be held responsible for any claims, demands, injuries, damages or actions for negligence arising on account of death or due to injury, loss, damage or theft to a member’s person or property arising out of or in connection with the use by a member of any of the services, facilities on the premises of The Body Lab Sdn. Bhd. The member hereby holds the Company, The Body Lab Sdn. Bhd. its associated companies, employees and agents harmless from all claims which may be brought against them by or on a member’s behalf for any such injuries or claims aforesaid.
• Any guest of a member or a temporary visitor to The Studio shall agree to abide with The Body Lab Sdn. Bhd. rules and the same limitation of liabilities for a member shall apply.

Terms and Conditions

• We use reasonable efforts to include accurate and up-to-date information on our website. The information presented within is for guidance only and is not intended to form any part of a contract. It is subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.
• The information on these web pages has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.
• You agree that any material downloaded or otherwise accessible through the use of our web pages is obtained entirely at your own risk and that you will be fully responsible for any resulting damage to your software or computer system and/or any consequential loss of data, even if we have been advised of the possibility of any such damage.
• We do not accept any liability in connection with any third-party websites which may be linked or accessible through our website and we do not endorse or approve the contents of any such site.
• In relation to a dispute arising out of this website, you, the user, and we, The Body Lab Studio, agree to submit it exclusively to the jurisdiction of the courts of Malaysia.
• Except where expressively stated to the contract, the text and graphics in the information contained on this website are copyrighted under The Body Lab Sdn. Bhd. You may download or print out individual selections of this website only if explicitly used for your own personal use and not to be publicly reproduced. Permanent copying or storage of whole or part of this website or the information contained in it or reproduction or incorporation of any part of it in any other work or publication, whether on paper or electronic media or any other form, is expressly prohibited.
• The entire contents of these web pages remain our property and copyright with all rights reserved.
• The Body Lab Sdn. Bhd. is taking full responsibility for all the transactions from the website, and handling the dispute management, refunds, cancellations, returns & customer support.

Personal Data Protection Act 2010

Corporate Privacy

Statement of Practices

For the purpose of carrying on the Company’s business, including registration and administration of the Company’s related products and services (including relevant online services), you may be requested to provide personal data such as, but not limited to, the following, without which it may not be possible to satisfy your request:

• Your name;
• Correspondence address and/or billing address;
• Payment details, including credit card and banking information;
• Contact details, including contact name and telephone number or email address.
• Your image taken at our premises with a webcam (or like equipment ) for visual identification.

The Body Lab Sdn. Bhd. may employ other companies or individuals to assist us in providing our services or providing certain services such as analysing customer lists, marketing assistance, or consulting services. These third parties may have access to information needed to perform their function but cannot use that information for other purposes.

In some instances, you may also be requested to provide specific data that may be used to improve our products and services further and/or better tailor the type of information presented to you. In most cases, this type of data is optional. However, where the requested service is a personalised service, or provision of a product or dependant on your providing all requested data, failure to provide the requested data may prevent us from providing the service to you. This type of data includes, but is not limited to:

•  Your age;
• Gender;
• Salary range and employment details;
• Education and Profession;
• Hobbies and leisure activities;
• Other related products and services subscribed to; and
• Family and household demographics.

Some of the Company’s Websites may place a “cookie” on your machine, for example to provide personalised services and/or maintain your identity across multiple pages within or across one or more sessions. This information may include but is not limited to, relevant login and authentication details as well as information relating to your activities and preferences across our websites.

Under certain circumstances, telephone calls made to our order and/or service hotlines and/or inquiry telephone numbers are recorded for the purposes of quality control, appraisal, as well as staff management and development. Unless expressly indicated at the time of call, such recordings are NOT personal data of the caller and therefore, in respect of the caller, are not subject to the various provisions of the Ordinance, and the caller has no rights and/or claims; either statutory, contractual or tortuous, over or to such data. At all times, every care is taken to protect such recordings from inadvertent and/or unauthorised access.

Purposes for collection, use, disclosure and processing of personal data

We may collect, use, disclose and/or process your personal data for one or more of the following purposes:

• Considering and/or processing your membership application with us, including to require you to fill in relevant forms which set out your health and lifestyle to ascertain your fitness level at the point of application with us;
• Facilitating and managing your membership with us, including, without limitation;
  • Granting you access into The Body Lab studio facilities according to the terms of your membership;
  • Providing and arranging your personal training programs and other fitness lessons provided by The Body Lab studio;
  • Providing you with service or facilities status updates;
  • Administering your personal training and other training/fitness packages;
  • Processing the payment of your membership fees and/or any other relevant charges that may be incurred by you;
  • Operating The Body Lab studio members’ database;
  • Providing you with any benefits as indicated by the terms of your membership, including administering the relevant referral programs applicable to your membership;
  • Providing you with our session Booker application for you to making the booking(s) for sessions;
  • Tracking your fitness levels with systems provided by our service providers or us
  • Providing you with a fitness evaluation where requested by you;
  • Facilitating the payment and provision of private locker rentals;
  • Managing your access to online services provided by The Body Lab studio;
  • Managing your access to our online services provided by the Company;
  • Where your image is captured on The Body Lab studio facilities, to be used for publicity purposes;
• Carrying out your instructions or responding to any enquiry given by (or purported to be given by) you or on your behalf;
• Contacting you or communicating with you via phone/voice call, text message and/or fax message, email and/or postal mail for the purposes of administering and/or managing your membership with us, such as but not limited to communicating information to you related to:
• The status of your membership;
• Any service or facilities status updates;
• Reminders for appointments and/or sessions that you have booked with The Body Lab Studio, whether through email or notification through our Booker application;
• Outstanding payments or membership fees; or
• Any of the purposes as indicated in paragraphs 1 and 2 above
• Carrying out due diligence or other screening in accordance with any legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;
• To prevent or investigate any fraud, unlawful activity or omission or misconduct, whether relating to your membership with us or any other matter arising from your membership with us, and whether or not there is any suspicion of the aforementioned;
• Complying with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including meeting the requirements to disclose the requirements of any law binding on us and/or for the purposes of any guidelines issued by regulatory or other authorities, whether in Malaysia or elsewhere, with which we are expected to comply;
• Complying with or as required by any request or direction of any governmental authority; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities. For the avoidance of doubt, this means that we may/will disclosure your personal data to the aforementioned parties upon their request or direction;
• Conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities in order to enhance your membership with us or for your benefit, or to improve any of our products or services for your benefit;
• Storing, hosting, backing up (whether for disaster recovery or otherwise) of your personal data, whether within or outside Malaysia;
• Providing and sending you marketing, advertising and promotional information, materials and/or documents relating to your membership with us which we think may be of benefit or interest to you, via (i) postal mail to your postal address(es) and/or electronic transmission to your email address(es), and via telephone calls, SMS/MMS and/or facsimile to your telephone number(s);
• If you have used our studio as a guest or trial pass user, or have signed up with us during our promotional events, providing and sending you marketing, advertising and promotional information, materials and/or documents relating to our membership and studio, via (i) postal mail to your postal address(es) and/or electronic transmission to your email address(es), and (ii) if so consented by you, via telephone calls, SMS/MMS and/or facsimile to your telephone number(s) provided by you;
  (collectively, the “Purposes”)
  As the purposes for which we may/will collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent unless processing of your personal data without your consent is permitted by the PDPA or by law.
  In order to conduct our business operations more smoothly, we may also be disclosing the personal data you have provided to us to our third-party service providers, agents and/or our affiliates or related corporations, and/or other third parties whether sited in Malaysia or outside of Malaysia, for one or more of the above-stated Purposes. Such third-party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes. Examples of service providers include companies that provide web hosting, data analysis, payment processing, order fulfilment, information technology and related infrastructure provision, customer service, email delivery, marketing, auditing, debt recovery and other services.

Accuracy of Personal Data

Disclosure of Personal Data

All personal data held by the Company will be kept confidential, but the Company may, where such disclosure is necessary to satisfy the purpose, or a directly related purpose, for which the data was collected, provide such information to the following parties:

• Any subsidiaries, holding companies, associated companies, or affiliates of, or companies controlled by, or under common control with the Company;
• Any person or company who is acting for or on behalf of the Company, or jointly with the Company, in respect of the purpose or a directly related purpose for which the data was provided;
• Any other person or company who is under a duty of confidentiality to the Company and has undertaken to keep such information confidential, provided such person or company has a legitimate right to such information; and
• Any financial institutions, charge or credit card issuing companies, credit information or reference bureau, or collection agencies necessary to establish and support the payment of any services being requested. Personal data may also be disclosed to any person or persons that have a right under Malaysian law to gain access to such information provided they are able to prove their authority to access such information. For example, if the Company were served with a court order demanding certain customer information, then the Company would disclose the information to the duly appointed officer of the court or such other persons as the court orders.

Security of Personal Data

Physical records containing personal data are securely stored in locked areas and/or containers when not in use. Computer data are stored on computer systems and storage media to which access is strictly controlled and/or are located within restricted areas. Access to records and data without appropriate management authorisation are strictly prohibited. Authorisations are granted only on a “need to know” basis that is commensurate with an individual’s Company responsibilities and their training. Records of the Company are under the control of assigned information officers who are responsible to ensure the transfer of or access to information is legitimate. Audit records may be produced to validate data modifications in order to verify the data’s integrity. There may be violations of logging processes for the investigation of any unauthorised attempt to access information. Encryption technology, such as SSL may be employed for the transmission of data collected online.

Access and Correction of Personal Data
Individuals have the right to:

• Check whether the Company holds any personal data relating to them and if so, obtain copies of such data;
• Require the Company to correct any personal data relating to them which is inaccurate for the purpose for which it is being used.

Change of Policy