Terms and Conditions for Recurring Payment
I/We, authorize the Bank to process the requests of Cobra Fitness Sdn Bhd to debit my/our Bank account to pay for membership fees. I/We confirm that there is no limit to the payments by amount and/or frequency pursuant to this Authorization. I/We understand that this Authorization is governed by the Data Privacy Declaration and Terms & Conditions as specified in this form.
In consideration of your agreement to accept my/our Direct Debit Authorization (“DDA”) for the Bank to debit my bank account as specified above, I/We agree to be bound by the following terms and conditions: Cobra Fitness Sdn Bhd is defined as “Cobra Gym”, the payer bank is defined as “the Bank” and the payer account is defined as “account”.
1. I/We hereby authorize the Bank:
a. To debit my/our account to make payment to Cobra Gym for the membership fee. In the event there is any change to the information mentioned in this form, I/we shall be responsible to submit a new request to Cobra Gym staff;
b. To furnish my/our account number and other information to Cobra Gym so that the instructions may be effected;
c. To debit my/our account for any fees and charges imposed by the Bank from time to time and the relevant taxes chargeable by law upon the fees and charges, in effecting each payment pursuant to this Authorization; and
2. In the event that full payment of the premium cannot be made due to insufficient funds in the account or the account is suspended for any reason, the Bank and/or Cobra Gym shall not be held responsible or liable for not processing the payment pursuant to this Authorization. In such event, I/we shall be responsible to pay Cobra Gym directly. In this respect, I/we authorize the Bank to release the reason(s) or grounds of the rejection of any payment to Cobra Gym. I/We further consent to such disclosure and declare that the Bank shall be under no liability for disclosing such information.
3. I/We understand that the first deduction from the account pursuant to this shall only commence upon receipt of Cobra Gym’s first request for payment after this Authorization is accepted and approved by the Bank and Cobra Gym.
4. I/We hereby agree to indemnify and to keep the Bank and Cobra Gym indemnified against any claims, losses, damages, costs and expenses that the Bank may incur arising from this Authorization or any error in such Authorization.
5. This Authorization shall continue to be in force until 30 days after my/our further notice in writing to Cobra Gym. I/We further understand that Cobra Gym will advise the Bank to terminate based on my/our instruction. The Bank is entitled to refuse to make any debit upon receipt of notice of my/our death(s), bankruptcy, dissolution or winding-up.
6. The Bank and/or Cobra Gym may in its absolute discretion withdraw the approval for this Authorization at any time without prior notice and without assigning any reason to me/us and the Bank and/or Cobra Gym shall not be held liable for any loss or damage which may be suffered by me/us as a result of such action.
7. In the event that I/we wish to alter the account details or cancel this Authorization, I/we agree that Cobra Gym will only approve and give effect to the alteration or cancellation after thirty (30) days from the date Cobra Gym receives the completed termination form which can be obtained from our staff in respective branches, to be submitted to our staff during staffed hours. If there is successful deduction made within 30 days after receiving the cancellation request, the amount deducted will not be refunded. I/We also agree that Cobra Gym is unable to accede to any other request that is not provided in this form.
8. The Bank and/or Cobra Gym reserves the right to change the terms and conditions set out herein at any time or from time to time without prior notice to me/us.
9. Please note that all or part of the membership fee may be subject to taxes at the applicable prevailing rate which shall be payable by the member.
10. I/We undertake to check all transaction entries and account balances in my/our account passbook or statement of account on a regular basis, and undertake to report to the Bank as soon as reasonably practicable in the event any unauthorized transaction, error or discrepancy is detected. I/We confirm that if the Bank does not receive any notification in writing from me/us of any errors or discrepancies as regards to the debit or credit entries in my/our account, then I/we shall be deemed to have accepted such entries made up to the date of the last entry in the statement or passbook as correct, final and conclusive.
11. All members shall pay an initial Joining Fee and Card Fee in the sum specified, which are non-refundable and shall become due immediately upon being accepted as a member. Joining fee, monthly fee and card fees are subject to change without notice.
12. Joining fees, card fee and monthly fees are not refundable upon resignation or termination for any reason whatsoever.
13. Monthly subscription is payable upon expiry of the membership every month through credit card/ bank direct debit arrangements. We reserve the right to adjust your monthly subscription fees to the prevailing Direct Debit/Cash rate at this time.
14. Failure to use or non-usage of the Cobra Gym’s facilities does not eliminate the obligation to pay all subscriptions in a timely manner.
15. The Management reserves the right to cancel any membership on which fees are unpaid for 1 week or more.
16. Any lapse in membership or termination will require the member to re-join at the prevailing Joining Fees.
17. Cobra Gym reserves the right to increase prices of any existing membership option whether individual or under a corporate account, subject to giving 30 days’ notice to the Members by posting such notifications in the gym, or by whatever means is deemed appropriate at the time.
18. If membership fees are increased, you hereby authorise Cobra Gym to increase any autopay instruction.
19. You must walk in to Cobra Gym and fill up the termination form to request a cancellation.
20. Where either of us terminates your membership, any fees that you have not paid (for example, if you had not paid for the previous months) will need to be paid or we may take action to recover the outstanding payments.
21. We can refuse entry to the club whenever your payments are not up-to date.
22. The management may terminate the membership of any member:
a) Without notice and with immediate effect if a member’s conduct, whether or not such conduct is the subject of complaint by another member or members, is such that in the reasonable opinion of the Management, it is harmful to the character and/or interests of the Club.
b) Without notice and with immediate effect if the member has committed any breach of these rules or of the Rules & Regulations of The Club as are from time to time in force.
23. In consideration for the Management accepting his/her application for membership of the gym and for him/her becoming and remaining a member of the gym, the member agrees that:
a) Cobra Gym accepts no responsibility for loss or damage to members’ or their guests’ properties or for death or injuries sustained while on the premises. Members and their guests agree that no claims will be made against the Company, Cobra Gym, the Management or staff for any reason whatsoever.
b) Cobra Gym, its associated companies, employees or agents shall not be held responsible for any claims, demands, injuries, damages or actions for negligence arising on account of death or due to injury, loss, damage or theft to a member’s person or property arising out of or in connection with the use by a member of any of the services, facilities on the premises of Cobra Gym. The member hereby holds the Company, Cobra Gym, its associated companies, employees and agents harmless from all claims which may be brought against them by or on a member’s behalf for any such injuries or claims aforesaid.
c) Any guest of a member or a temporary visitor to the gym shall agree to abide with the gym rules and the same limitation of liabilities for a member shall apply.
24. Membership is unique to individual and not transferable.