CALIFORNIA FITNESS
RULES AND GUIDELINES (HONG KONG)
Updated 13 June 2008

These Rules and Guidelines (hereinafter referred to as the "Rules") of J.V. Fitness Ltd. (trading as California Fitness) (hereinafter referred to as "California Fitness") have been developed to optimize Members' enjoyment of the facilities while maintaining the highest standards of courtesy, cleanliness and safety. The Rules form part of your Membership Agreement or Guest Pass Agreement, and all ancillary agreements, such as an agreement for personal training services, and shall be enforced at all times.

1. CLUB ENTRY AND MEMBERSHIP CARD

All members and guests must show their valid California Fitness membership cards or guest passes before entry and agree to have their picture taken for use in identification. Membership cards and guest passes are not transferable. Any member or guest found to have allowed or permitted a third party (not being a member of California Fitness) to use or attempt to use his/her membership card or guest pass to gain unauthorized access to any clubs shall be subject to penalties, including but not limited to the payment of any daily subscription fees to the clubs as may be incurred by the third party's unauthorized entry into the clubs, or termination of the membership or guest pass without review or refund of unused prepaid fees or dues. Your Membership Agreement may be used for admittance into clubs until you have received your permanent membership card.

2. CLUB ACCESS AND PRIVILEGES

Your membership entitles you to club access and privileges as specified in your Membership Agreement. In addition, you are entitled to orientation and assessment workouts, use of facilities including Group X classes, day locker and towel service. Additional services are charged on a usage basis which include but are not limited to Personal Training, Pilates Reformer Classes, Pro Shop, Shoe Lockers, special Group X or yoga classes and Workshops.

3. OFF-PEAK HOURS

Some memberships are "off peak", which means that the members holding such memberships may not access a club during peak hours. Currently, the peak hours of California Fitness clubs in Hong Kong are:

Monday to Friday: 5 pm to 9 pm
Saturday: 1 pm to 5 pm

4. GUEST PRIVILEGES

California Fitness encourages you to bring friends, relatives and business associates for a guest's visit. A guest must check in at the front desk, pay the daily subscription fee and complete normal guest procedures including a tour of the club, orientation by a Fitness Consultant and signing of a Guest Fitness Profile or Guest Pass Agreement. If you have received a guest pass, you must show your guest pass card before entry into a California Fitness club.

All references to "members" and "memberships" in these Rules will also mean guests using the facilities.

5. LOCKER USAGE

Members are solely responsible for the safekeeping of their personal belongings. DO NOT BRING VALUABLE PROPERTY TO A CLUB AND DO NOT LEAVE ANY VALUABLE PROPERTY IN A LOCKER AT ANY TIME. To the extent you choose to bring higher-value or important personal property to a club, such as a mobile phone, jewelry, cash, credit cards, driver's license, ID card, etc., you should store such property in one of the club's security lockers and secure such security locker with a strong padlock. Use of a security locker is subject to availability of security lockers at your club. To the extent permitted by law, California Fitness is not liable to members or members' guests for any personal property that is damaged, lost or stolen while on or around California Fitness' premises, including but not limited to a vehicle or its contents or any property left in a locker, whether locked or unlocked. In the event this exemption clause is held to be unenforceable, in no event will California Fitness' maximum liability exceed HK$1000.

Any locker used by you should be locked with a strong padlock supplied by you. Padlocks are not provided by California Fitness. For greater safety, California Fitness suggests using a KEY padlock and NOT a combination lock.

During each visit to a club, members will have at their disposal a day locker and, subject to availability, a security locker to store their items. Shoe lockers are also available to members and may be rented for a fee. Fees for shoe lockers are either paid in advance for 12 months or by pre-authorized withdrawals from your account ("Autopay") on a monthly basis. Please contact reception for shoe locker enquiries.

All day lockers and security lockers are for day use only and must be cleared when you have finished your workout. These lockers will be opened and cleared out by California Fitness at the end of each day. Such opening may require California Fitness to cut or break any lock found on such a locker at that time, and all items found in such opened locker will be donated to charity after 30 days if not collected by a member. California Fitness will not be liable for the damage to any lock that it cuts or breaks, or for the loss, theft or donation of, or damage to, any items that a member may have left in such locker.

6. WORKOUT TOWELS

Towels are available at no charge from the Towel Counter in the changing area. Member are entitled to one bathing towel. An additional fee may be charged for additional towels. Members must give the towel attendant their membership card in exchange for their towels and a towel card. At the end of your workout, you must return to the attendant the towels and the towel card in exchange for your membership card. A fee (HK$50 for a bathing towel, HK$10 for a workout towel and HK$10 for a towel card) will be charged if you do not return your towels and towel card to the towel attendant.

Laundering towels requires water, detergents and electricity. California Fitness encourages all members to do their part to protect the environment by limiting the number of towels that they use.

7. CLASSES AND CLASS BOOKINGS


Some classes may require advance booking in order to reserve a place in the class. Notices will be posted in the club if advance booking is required for a particular class, and will state the procedures to be followed to make a booking.

Members should be punctual for a booked class. The door may be locked at the start of a class to prevent late-comers from entering and disrupting the class. Once a class has started, the bookings of any members who are not present will be forfeited. If you cannot attend a class that you have booked, you must cancel your booking at least one hour prior to the class start time, otherwise you will be counted as being a "no show" for a booked class. A late-comer who is not able to enter a class because the door is locked will also be counted as a "no show." Booking rights for members who are "no shows" may be suspended.

8. GROUP X STUDIO


Members may not use the Group X Studios unless accompanied by a California Fitness Group X instructor or Personal Trainer.

9. CYCLING STUDIO

The Cycling Studio will remain locked when not in use. The cycles in the Cycling Studio are specialist pieces of equipment that can only be used under supervision.

10. POOL, WHIRLPOOL/JACUZZI, SAUNA AND STEAM ROOM

The use of any swimming pool, whirlpool or Jacuzzi, sauna or steam room facilities in a California Fitness club are at your risk. Members must follow the rules posted regarding their use. Members should consult with their physician prior to using such facilities.

11. LOST MEMBERSHIP CARD

In the event of a lost or stolen membership card for any reason, members should contact their California Fitness club regarding the issue of a replacement card. Members are solely responsible for the cost of a replacement card, which is HK$150.

12. MEMBER COURTESY and BEHAVIOR

Courtesy towards other members is the key to maximizing your enjoyment while working out. If you have any problems, please seek assistance from California Fitness staff.

Below are general rules on member and guest conduct:
  • Share equipment politely and allow others to work out on any piece of equipment that you are using
  • Please limit time on cardiovascular equipment to 20 minutes if others are waiting
  • No smoking, alcohol or drugs (including steroids) are permitted in any California Fitness club
  • Workout attire must be clean. No jeans or torn items are permitted.
  • Shirts must be worn at all times
  • Underwear/Undergarments must be worn at all times
  • Sport shoes must be worn at all times - no sandals, shower shoes or bare feet are permitted outside of changing room areas.
  • Spitting (including into water fountains) and littering are not permitted
  • Weights must be put back into their racks after use. Weights should not be dropped onto the floor or banged into other weights or other equipment.
  • Foul language, yelling, fighting aggressive behavior and other discourteous behavior will not be tolerated
  • Only food and beverage products purchased at the pro-shop or café are allowed to be consumed within the club
  • Only equipment approved by California Fitness may be used on its premises.
  • No promotion of products or services, or solicitation of any kind (whether for profit, political purposes or other purposes), is allowed without the prior written permission of California Fitness. This includes, but is not limited to, use of petitions, distributing or posting leaflets, notices or advertising anywhere in a California Fitness facility, or leaving multiple copies of leaflets or other papers in any club areas.
  • No photography, video taping, filming or audio recording (including with a camera built into a mobile phone, laptop computer or other device) is permitted anywhere in California Fitness' facilities.

13. CALIFORNIA FITNESS SERVICES

Only California Fitness staff or persons expressly authorized by California Fitness may solicit or provide CF Services (as hereinafter defined) to members and guests while they are in a California Fitness club. "CF Services" are types of services that California Fitness provides to its members and include, but are not limited to, personal training, Pilates Reformer, Group X or yoga classes, workshops, other forms of fitness instruction, and sales of food, beverages, nutritional supplements and other products. While in a California Fitness club, members and guests may not solicit or provide CF Services to other members or guests, nor may members and guests receive CF Services from other members or guests. This restriction applies regardless of whether (i) California Fitness charges its members for such CF Services or (ii) you charge other members or guests or pay other members or guests for such CF Services. California Fitness shall determine in its sole discretion whether a service being solicited or provided by a member or guest, or being provided to a member or guest, constitutes a CF Service.

14. MINORS

Minors under th age of 14 may not use California Fitness facilities at any time and must be accompanied by a parent or guardian at all times when in the facilities unless a special waiver has been obtained from California Fitness. The grant of any such waiver shall be at the sole discretion of California Fitness. Minors between and including the ages of 14 and 17 may use California Facilities without being accompanied by a parent or guardian if the minor is a member or a guest and the minor's membership agreement or guest pass agreement has been signed by the minor's parent or guardian. Notwithstanding anything stated herein, California Fitness reserves the right, in its sole discretion, to require that a parent or guardian accompany a minor.

15. VIOLATION OF RULES AND GUIDELINES

If any member or guest violates any of the Rules, they may be required to stop or leave the California Fitness club immediately. Violators are subject to having their membership terminated at the sole discretion of California Fitness without review or refund of unused prepaid fees or dues.

These Rules, including any fees or charges listed herein, are subject to change from time to time at the sole discretion of California Fitness. These Rules are not intended to be all-inclusive or restrictive to California Fitness in the operation of its business. This new version replaces all previous editions of the Rules. All approved signs stating rules or policies that are posted in a California Fitness club shall be considered a part of these Rules. In the event of any inconsistency between these Rules and your Membership Agreement or Guest Pass Agreement, the terms in your Membership Agreement or Guest Pass Agreement shall prevail.