8. Reservation, Non-Refund & Use of Facility Agreement
Fitness Exclusive, OPC (“Fitness Exclusive” or “FITEX”), with registered office at Trium Square, 2183 Sen. Gil Puyat Ave., Barangay 37, Pasay City 1300, and the client (“Client”) agree as follows for any reservation of a class, session, court, coach, facility, or other slot with FITEX. Payment of the fee or use of any FITEX booking channel constitutes acceptance of this Agreement, whether or not separately signed.
Rescheduling (Section 2) and transfers (Section 1) remain available as stated above. This Agreement governs refunds, credits, and use of the facility.
- The reservation fee is earned on booking. Fitness Exclusive operates on limited, time-bound capacity. Once a reservation is confirmed, the slot is withdrawn from sale and staff, equipment, and facilities are committed to it. The reservation fee is paid as consideration for holding that capacity — not solely as advance payment for services rendered — and is earned at the moment of confirmation.
- No refund for non-use. The reservation fee is not refunded where the Client cannot or does not use the reservation for any cause not attributable to Fitness Exclusive. This includes no-show or late arrival; cancellation or change of mind; work, family, travel, or schedule conflicts; traffic or transport problems; illness or injury; and similar causes.
- Fortuitous events. Where a reservation cannot proceed because of an event beyond FITEX’s reasonable control — typhoon, flood, earthquake, fire or other calamity; epidemic or public health emergency; civil disturbance; power, water, or telecommunications failure; closure or act of the building administration or lessor; or any government order, suspension of work or classes, curfew, or road closure, and any other fortuitous event — Fitness Exclusive is not liable for any resulting loss or inconvenience. In lieu of refund, Fitness Exclusive shall issue a credit equal to the reservation fee, valid twelve (12) months from the affected date and usable on any comparable service subject to availability.
- If Fitness Exclusive is at fault. If Fitness Exclusive fails to make the reserved service available for reasons within its control — cancellation for its own convenience, double-booking, or closure attributable to Fitness Exclusive — the Client may choose rescheduling at no charge, a credit, or a refund of the fee. This is the Client’s sole remedy; Fitness Exclusive is not liable for transport costs, lost time, or other indirect loss.
- Right to refuse or eject. Management reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct violates any law, or which management deems disorderly, or who poses a clear danger to the public, who uses vulgar or abusive language, who violates rules posted in the premises, or for other analogous reasons. Breach of terms or rules will terminate the reservation without refund.
- Searches. Guests’ belongings may be searched upon entry. Guests consent to such searches and waive any related claims that may arise against Fitness Exclusive. A guest who elects not to consent to a search may be denied entry.
- Belongings. Guests are responsible for their belongings. The management of Fitness Exclusive is not responsible for any damage or loss.
- Assumption of risk. Guests voluntarily assume all risk and danger of personal injury (including death) and all hazards arising from, or related in any way to, the event or activity, whether occurring before, during, or after it, howsoever caused and whether by negligence or otherwise.
- Breach. Breach of any term of this Agreement, or failure to comply with Fitness Exclusive rules, automatically terminates any right the Client may have. Management also reserves the right to request that guests leave the venue at any point on reasonable grounds and may take any appropriate action to enforce this right.
- General. If any provision is held invalid, the rest remains in force. Fitness Exclusive may amend these terms prospectively by posting them at its premises and booking channels; amendments do not apply to confirmed reservations. Personal information is processed for reservation purposes under Republic Act No. 10173 (Data Privacy Act of 2012). This Agreement is governed by Philippine law, with venue exclusively in the proper courts of Quezon City, Philippines.