Terms & Conditions

Terms and Conditions of the contract:



Section 1 (In regards to Users with Gym Membership)

  1. Both the parties agree to bind in the contract of providing service to the user which on-boards First party’s application/website through the second party’s membership. First party shall treat this user as it’s and provide him/her the access to use its application/website.
  2. The services given to second party by the first party in regards to this user will be solely based on the mutual agreement of both the parties on the basis of the service charge decided by the First Party.
  3. First party holds the right to change its fees structure towards the second party for providing the services to second party with a proper notice, at least 7 days in advance through email or message.
  4. The user in this category can avail one session a day with advance booking of slots, within the defined timeline of his/her gym membership.
  5. Both the parties agree that till 30th Sept 2020, the service offered to second party (support in managing their time slots & payment reminder) is free of cost provided from the first party’s side. After that, the cost of service will be subject to discussion between both the parties. If any party does not agree on terms at this point of discussion, then the two services will stop for second party without affecting other services from Fitness Per Hour.
  6. The data shown as per the mobile applications/website of first party would be considered as the final data. The membership cost and other details sent by the second party will be deemed as the final input details received and any changes to such details need to be brought under the notice of first party by the second party, in advance before putting it into effect for any user using first party’s platform. In such cases, second party will be considered liable for the discrepancy of any misinformation.
  7. First party holds all the rights to suspend the services provided to the user of second party’s gym/fitness center after providing the notice of intimation to user or the second party.
  8. Second party either has directly applied for this agreement through “http://www.fitnessperhour.com/partner.php” link or through thedetails filled by them in the Google form.In both cases, the submission will be considered at equal stand of details’ submission from the second party.

 

Section 2 (In regards to Users without Gym Membership)

  1. Both the parties agree to merge on the terms that the first party mobile application’s/website customer base will have full access to the gym floor and gym facilities of the second party over an hourly cost basis.
  2. The per hour gym usage fee to be collected by the second party from the first party would be as per described in annexure 1 following this agreement.
  3. The time calculation of hours would be based through log in and log out using a QR code available on the first party’s mobile application’s/website for the second party as to be presented by the second party to the mobile application’s/website user.
  4. The time would be calculated as per by the minute and one hour would amount to sixty minutes.
  5. The data shown as per the mobile applications/website would be considered as the final data and as per that only the price is to be calculated.
  6. The first party shall pay the sum of the total per mobile application’s/website user to the second party as per the formula rate decided in agreement, multiplied by number of hours logged in the mobile application’s/website data of gym usage of the second party for each and every app user using the facilities of the second party’s gym through the mobile application/website only and no other medium.
  7. The first party shall use the information of the gym facility provided by the second party howsoever they find it suitable over their mobile applications/website and have full consent in doing so by the second party.
  8. The second party shall not forcefully or through any other method evict the mobile application’s/website users of the first party from their gym facility, and in case of any violent or verbal dispute with the first party mobile application’s/website user, the second party shall only report directly to the first party alone and the actions to be taken would be in sole hands of the first party according to their best understanding and judgment in this case.
  9. There would be no defining limit as per how many users of the first party’s mobile application’s/website shall use the facilities of the second party’s gym in an hour/day/month/period of this contract.The second party is liable of providing all the requested documents as per by the first party in the correct form and truest manner, else this agreement shall get terminated.
  10. The second party shall freely define their working hours for the gym facility and the usage of mobile application’s/website shall be defined for those hours only for the second party by the first party.
  11. This contract shall be terminated if any of the above stated terms and conditions are not being followed or being manipulated by any of the both parties, and in such a case the parties can bring forward their issues and concerns in front of a court of law and appeal for justice.
  12. As of now, the first party is not charging any cost from the second party for entering into this agreement, but in the future the first party has the rights to charge the money for providing partnership to the second party. The same in future if acceptable to second party will be charged or else, both parties will have the option to exit from the contract.
  13. The first party shall give notice for change of entering the agreement in the future to the second party in writing, only then it will be acceptable.
  14. The second party agrees to get its amount paid over a monthly basis from the first party as per made by the QR code log in and log out data over the app/system server in a maximum of four transactions per month by the second party towards the first party.
  15. The second party shall raise a request for their due payment and once the first party shall approve of the request, the due amount shall get credited to the second party’s bank account in a time frame of within five days after deducting TDS at rates mentioned in Income Tax Act, 1961 and other legal tax liabilities. The amount decided as per the annexure 1 is inclusive of the GST as applicable.
  16. All kinds of payments due towards the second party by the first party shall be settled only over a monthly basis.
  17. At any time, any of both the parties are not willing to continue, both have the right to exit from the contract by giving a7 day notice. However, the first party holds the right to temporarily suspend the services of second party on its platform without any prior notice given to the second party.
  18. Both the parties agree that any further agreement signed between the first and second party will be an extension to this agreement without any notice and shall in no case be exclusive to this agreement until unless specifically mentioned in the further agreement.

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