1. Acceptance of Terms

Welcome to Gymtonico. These Terms and Conditions ("Terms") govern your use of our fitness facilities, services, and web application located in Bangalore, India. By registering for a membership, accessing our facilities, or using our services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must not use our services or facilities. Please read these Terms carefully before proceeding.

2. Definitions

• "Gymtonico", "we", "our", or "us" refers to the gym facility and its operators.
• "Member", "you", or "your" refers to any individual who registers for and uses our services.
• "Facilities" refers to all gym premises, equipment, amenities, and services provided by Gymtonico.
• "Membership" refers to the subscription plan purchased by the Member for access to our facilities and services.

3. Membership Registration and Eligibility

3.1 Age Requirement

Members must be at least 18 years of age to register independently. Minors between 16 and 18 years may register with written consent from a parent or legal guardian.

3.2 Registration Process

To become a Member, you must:

• Complete the online registration form with accurate information
• Verify your mobile number via OTP
• Select and purchase a membership plan
• Agree to these Terms and Conditions

3.3 Accurate Information

You agree to provide true, accurate, current, and complete information during registration and to update such information to maintain its accuracy. Providing false information may result in immediate termination of your membership without refund.

3.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.

4. Membership Plans and Fees

4.1 Membership Types

Gymtonico offers various membership plans including but not limited to monthly, quarterly, half-yearly, and annual memberships, as well as personal training and transformation programs. Details of each plan are available on our website and application.

4.2 Payment

All membership fees must be paid in advance through our secure payment gateway. We accept payments via:

• Credit and debit cards
• Net banking
• UPI and digital wallets

Payment processing is handled by CCAvenue, a third-party payment gateway provider.

4.3 Membership Activation

Your membership will be activated upon your first visit to the gym after successful payment. The membership start date and end date will be set by our staff at the time of activation.

4.4 Pricing Changes

We reserve the right to change membership fees at any time. However, any price changes will not affect existing memberships during their current term.

4.5 Taxes

All fees are subject to applicable taxes including GST as per Indian tax laws. Taxes will be clearly indicated on your invoice.

5. Cancellation, Refund, and Freeze Policy

5.1 Cancellation Policy

You may cancel your membership subject to the following conditions:

• Cancellation requests must be submitted in writing via email to info@gymtonico.com
• Cancellations made within 7 days of purchase and before membership activation are eligible for a full refund minus payment gateway charges
• Once the membership is activated, no refunds will be provided for unused portions of the membership period

5.2 Refund Processing

Approved refunds will be processed within 7-10 business days to the original payment method. Payment gateway charges are non-refundable.

5.3 Membership Freeze

Members may request to freeze their membership under the following conditions:

• Freeze requests must be made in writing at least 7 days in advance
• Minimum freeze period is 15 days; maximum freeze period is 30 days per membership term
• Medical reasons require supporting documentation from a registered medical practitioner
• Freeze requests are subject to approval by management

The membership end date will be extended by the approved freeze period.

5.4 No Transfers

Memberships are personal and non-transferable. You may not sell, assign, or transfer your membership to another person.

6. Facility Access and Usage Rules

6.1 Access Hours

Facility operating hours are displayed at each branch and on our website. Hours may vary by location and are subject to change during public holidays or for maintenance.

6.2 Member Identification

Members must present valid identification or use the registered mobile number for check-in. Access may be denied if proper identification cannot be verified.

6.3 Dress Code

Members must wear appropriate athletic attire and closed-toe athletic shoes while using the facilities. The following are not permitted:

• Jeans, khakis, or casual wear
• Open-toed shoes, sandals, or bare feet
• Clothing with offensive language or imagery

6.4 Equipment Usage

Members must:

• Use equipment properly and as intended
• Wipe down equipment after use
• Return weights and equipment to designated areas
• Report any damaged or malfunctioning equipment immediately
• Not monopolize equipment during peak hours

6.5 Prohibited Conduct

The following behaviors are strictly prohibited:

• Harassment, intimidation, or inappropriate behavior toward staff or other members
• Use of tobacco, alcohol, or illegal substances on premises
• Photography or videography without prior written consent
• Solicitation or distribution of materials without authorization
• Dropping or throwing weights
• Excessive noise or disruptive behavior

6.6 Guest Policy

Members may bring guests only if permitted by their membership plan. Guest passes must be purchased in advance and are subject to availability. All guests must complete a waiver form and follow facility rules.

6.7 Personal Belongings

Gymtonico is not responsible for lost, stolen, or damaged personal belongings. Members are encouraged to use provided lockers and bring their own locks. Lockers must be emptied daily; items left overnight may be removed.

7. Health and Safety

7.1 Medical Clearance

Members are strongly advised to consult with a physician before beginning any exercise program, especially if they have pre-existing medical conditions, are pregnant, or have been sedentary.

7.2 Assumption of Risk

You acknowledge that physical exercise involves inherent risks including but not limited to muscle strains, sprains, fractures, cardiovascular events, and in rare cases, serious injury or death. You voluntarily assume all such risks.

7.3 Health Declarations

Members must inform staff of any medical conditions, injuries, or physical limitations that may affect their ability to exercise safely. Failure to disclose relevant health information may result in membership termination.

7.4 Emergency Procedures

In case of injury or medical emergency, notify staff immediately. We will provide reasonable assistance and may contact emergency services if necessary. You authorize us to seek emergency medical treatment on your behalf if you are unable to do so.

7.5 Hygiene Standards

To maintain a clean and healthy environment:

• Members must bring and use their own towels
• Members with contagious illnesses should not use the facilities
• Proper footwear must be worn at all times
• Members must maintain personal hygiene standards

8. Personal Training Services

8.1 Personal Training Plans

Personal training sessions are available as separate packages or as part of specific membership plans. Sessions must be scheduled in advance and are subject to trainer availability.

8.2 Session Scheduling

Members must schedule personal training sessions at least 24 hours in advance. Cancellations or rescheduling requests must be made at least 12 hours before the scheduled session to avoid forfeiture.

8.3 Session Validity

Personal training sessions must be used within the validity period specified in your package. Unused sessions expire at the end of the validity period and cannot be refunded or extended.

8.4 Trainer Assignment

While we will make reasonable efforts to maintain trainer consistency, we reserve the right to assign or reassign trainers based on availability and operational requirements.

9. Liability and Indemnification

9.1 Limitation of Liability

To the maximum extent permitted by Indian law, Gymtonico, its owners, employees, contractors, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:

• Personal injury, illness, or death resulting from use of our facilities or services
• Loss, theft, or damage to personal property
• Interruption or unavailability of services
• Acts or omissions of other members or third parties

9.2 Indemnification

You agree to indemnify, defend, and hold harmless Gymtonico, its owners, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our facilities or services
• Your violation of these Terms
• Your violation of any rights of another person or entity

9.3 Insurance

Gymtonico maintains general liability insurance as required by law. However, members are encouraged to maintain their own health and personal property insurance.

9.4 Waiver of Claims

By using our facilities, you waive any claims against Gymtonico for injuries or damages that may occur during your use of the facilities, except in cases of gross negligence or willful misconduct on our part.

10. Suspension and Termination

10.1 Suspension by Gymtonico

We reserve the right to suspend or terminate your membership immediately without refund if you:

• Violate these Terms and Conditions
• Engage in prohibited conduct as outlined in Section 6.5
• Provide false or misleading information
• Engage in behavior that threatens the safety or comfort of staff or other members
• Damage or misuse facility property or equipment

10.2 Termination by Member

Members may terminate their membership in accordance with the cancellation policy outlined in Section 5.

10.3 Effect of Termination

Upon termination, your access to facilities will be immediately revoked. No refunds will be provided for unused portions of the membership period unless otherwise specified in these Terms.

11. Facility Maintenance and Closures

11.1 Scheduled Maintenance

We reserve the right to close facilities temporarily for maintenance, repairs, or renovations. We will provide reasonable advance notice when possible.

11.2 Emergency Closures

Facilities may be closed without notice due to emergencies, natural disasters, government orders, or circumstances beyond our control. No refunds or extensions will be provided for temporary closures of less than 7 consecutive days.

11.3 Extended Closures

If facilities are closed for more than 7 consecutive days due to circumstances within our control, membership periods will be extended by the closure duration.

12. Intellectual Property

12.1 Ownership

All content, trademarks, logos, and intellectual property associated with Gymtonico are owned by or licensed to us. You may not use, reproduce, or distribute any such content without our prior written consent.

12.2 Restrictions

Members may not photograph, record, or reproduce any proprietary training methods, programs, or materials without express written permission.

13. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By accepting these Terms, you also accept our Privacy Policy. Please review it carefully to understand how we handle your personal data in compliance with applicable Indian data protection laws.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.

14.3 Dispute Resolution

Before initiating any legal proceedings, parties agree to attempt to resolve disputes through good faith negotiations. If negotiations fail, either party may pursue resolution through the appropriate courts in Bangalore.

14.4 Arbitration

At our discretion, we may require disputes to be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Bangalore, Karnataka, and the language of arbitration shall be English.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gymtonico regarding your use of our services and supersede all prior agreements and understandings.

15.2 Amendments

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website or application. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms. We will notify members of material changes via email or in-app notification.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.5 Assignment

You may not assign or transfer your membership or these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.6 Force Majeure

Gymtonico shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, government actions, pandemics, or public health emergencies.

15.7 Notices

All notices to members will be sent to the email address provided during registration. You agree to keep your contact information current. Notices to Gymtonico should be sent to the contact details provided in Section 16.

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms and Conditions, please contact us:

17. Acknowledgment and Acceptance

By registering for a membership, accessing our facilities, or using our services, you acknowledge that:

• You have read and understood these Terms and Conditions in their entirety
• You agree to be bound by these Terms
• You have the legal capacity to enter into this agreement
• You understand the risks associated with physical exercise and voluntarily assume those risks
• You have reviewed our Privacy Policy and consent to the collection and use of your personal information as described

Thank you for choosing Gymtonico. We look forward to supporting you on your fitness journey.