These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please Ensure that you read and understand these Terms and Conditions because you will be bound by them.
“Club” means a facility owned and operated by SK Sports & Recreational Services Ltd trading as MOM3NTUM.
“Club Rules” means the rules and regulations governing the use of an MOM3NTUM Club.
“MOM3NTUM” “us” “we” and “our” means SK Sports & Recreational Services Ltd trading as MOM3NTUM.
“Member” “you” and “your” means, card payers, annual and daily prepaid members.
1. MEMBERSHIP OPTIONS
Monthly membership entitles you to full use of the facilities on a monthly basis subject to clause 5 below.
Day Pass / Class Pass entitles you to full use of the facilities for one day only, subject to clause 5 below and a single class credit will be issued with the purchase of a class pass, which expires on the same day.
Annual prepaid entitles you to full use of the facilities for a 12-month period subject to clause 5 below.
2. CLASS BOOKINGS
Monthly members and day pass members
Valid class credits may be used to book your chosen class(es;).
A Class(es) cannot be booked more than 7 days in advance.
3. YOUR MEMBERSHIP
You must be a minimum age of 16 years to join. Anyone under the age of 18 years will require a parent to sign off on their behalf.
On entry into this Membership Agreement and every time you enter a Club during your membership, you warrant and represent to MOM3NTUM that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to cancel your membership.
Your membership allows you to access the Club in accordance with the type of membership option that you have selected as set out above.
Your membership applies to you personally: you cannot lend, assign or transfer it to another person.
We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.
4. PAYMENT OF FEES
By completing the online application form and agreeing to be bound by these Terms and Conditions; you agree to pay all MOM3NTUM membership and other fees on time.
In addition to your monthly, annual prepaid, daily usage, extra add on package or other membership fees, we may also charge you a Joining fee. This Joining fee will be displayed on the website and is non-refundable.
In addition to the Joining Fee and the Membership fees, we may also charge fees for studio classes, personal training, locker rental, beauty therapy, and any other services the Club may provide from time to time.
The Joining Fee (if required) and your first month’s Membership fees are due immediately and will be taken as soon as you complete your online membership and are non-refundable and non transferrable under any circumstances. Your second and subsequent payment will be collected from you on the monthly anniversary of the date of your membership application.
Prepaying daily by card: daily memberships for a specified day can be prepaid via credit or debit card on the website.
Prepaying annually: annual membership can be paid via credit card or debit card.
Paying extra add on monthly by card:. When adding an Optional Extra to your membership, access is instant, and therefore a pro rata payment will be payable immediately by the card registered on your account to cover the time period between the date you add the package, to your next payment date. All optional Extra charges are non-refundable under any circumstances.
Your membership fees are subject to periodic increases and we reserve the right to pass on any changes in the rate of VAT to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given one months-notice of any fee change. Membership dues for prepaid annual memberships will be reviewed only on renewal.
A 1000 KES monthly charge is applied if you freeze your membership. Your membership can be on freeze for a maximum of 3 months after which your membership will automatically be un-frozen and will revert back to your monthly rate. Freeze only applies to monthly memberships.
5. FACILITIES AND SERVICES
You acknowledge that to provide the highest standards of facilities, the Club may need to close certain or all facilities temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, that this may disrupt the provision of services to you and agree that such disruption shall not amount to a breach of this agreement by us.
Opening hours are subject to change and we will normally provide 1 month’s written notice where reasonably practicable.
6. CLUB USAGE
You must familiarise yourself with the Club Rules before you use the Club. The Club Rules are displayed in the reception of the Club and on the website. We may cancel or suspend your membership without notice if you break these rules.
You must wear appropriate clothes and shoes in the Club. No jeans or flipflops are permitted
A sweat towel must be carried at all times, and equipment must be wiped down after use. No sweat towel, no workout rule is enforced.
Weights must not be dropped, and must be replaced after use. Failure to comply will result in the suspension or cancellation of membership.
Lockers are for use when in the gym only – any contents in occupied lockers will be emptied overnight and contents will be donated to charity after 2 weeks if they remain unclaimed.
No bags are allowed on the gym floor at any time.
You must not abuse the equipment or facilities of the Club (you will be liable to pay for any negligent or deliberate damage to property).
You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other members of the gym or gym staff.
The use cameras or phones whilst on the equipment or in the training zone is not permitted.
Smoking, including the use of e-cigarettes is not allowed in any part of the Club. Possession of alcohol, narcotics or other mood-altering substances is not permitted, neither is the use of the Club while under the influence of any of these substances.
We may refuse admission to or ask you to leave the Club if MOM3NTUM reasonably believe that you have broken any section of this paragraph. No refund will be given if you are asked to leave the Club in such circumstances.
Members must secure their personal belongings on their person or place and secure them in the lockers provided by us at all times whilst using the Club’s facilities. Your property is left in these lockers entirely at your own risk.
You are responsible for ensuring that you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment, you must consult one of our representatives before use.
Personal Trainers operate in our clubs on a self-employed basis. Any service they provide to you constitutes a contract between the Personal Trainer and you rather than MOM3NTUM. We accept no responsibility for breach of contract or negligence caused by a Personal Trainer.
7. DATA COLLECTION
In the course of your membership, MOM3NTUM may collect certain personal information about you including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities, our group companies and professional advisors.
Please contact the manager of the Club if you have any questions or concerns about how MOM3NTUM will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.
As a member of MOM3NTUM, you acknowledge that you have read and understand the provisions of this paragraph 7 and that you agree that MOM3NTUM may collect, use, process and disclose your personal information as described.
Cancellation of Class bookings
Classes booked must be cancelled no less than 3 hours before the class’s advertised start time.
Gym members will receive a class credit for each class cancelled no less than 3 hours before the class’s advertised start time.
Cancellation by us:
We may cancel your membership without notice if you commit a material breach of this agreement including, but not limited to, a breach of the Club Rules, abuse or threatening behaviour or vandalism or other illegal activity.
We may cancel your membership with immediate effect if:
you have breached any terms and conditions of this agreement; or
membership fees or other charges remain unpaid seven days after the due date and such a breach is not remedied by you within seven days, after being notified by us.
The Club permanently ceases operation, In these circumstances, we will consider providing a pro rata refund for membership fees already paid in respect of any period after the cancellation date.
9. FORCE MAJEURE
For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of MOM3NTUM including but not limited to strikes, lock-outs or other industrial disputes (whether involving MOM3NTUM or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
MOM3NTUM shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
If the Force Majeure Event prevents MOM3NTUM from providing any of the services for more than 90 days, MOM3NTUM may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.
Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
Where a provision of this agreement is deemed to be invalid or unenforceable by any Kenyan Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.
All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by MOM3NTUM.
Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
This agreement shall be governed by Kenyan law and the Kenyan courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.