We are happy to welcome you to Genesis Gyms & Sports. To get started, we prepared this brief informational packet that outlines everything you need to know about your membership. We are certain that we will be your continued partner in your journey to holistic health, wellness and fitness.
- Genesis Gyms & Sports, hereafter referred to as “we”, “Genesis”, “us”, and “our” is driven by a community approach to fitness, health, and wellness
- Our team of professional certified trainers, and support staff have only one singular goal; to walk with you and ensure that you get 100% support in an honest, timely and reasonable manner
- To help you manage your membership in a cost-effective way, there are no sign-up fees, and we offer flexible membership freeze based on the plan you choose
- For flexibility, we have a variety of membership packages coupled with flexible payment plans to ensure you get the most out of each plan. Be sure to go through each plan carefully and select the best plan that suits your needs. Our staff will be handy to assist you make an informed decision
- For convenience, our gym is located on an exclusive rooftop space, with dedicated lifts and the best view of the city from the flashy Imaara Shopping Mall along Mombasa road. With ample parking space and everything that you need and nothing that you don’t.
- To keep the space clean and amiable for all members, we have a -STRICTLY CLEAN SHOES POLICY- that simply means that you need an extra pair of clean shoes before accessing the gym floor or using the studio. Kindly cooperate with our staff in ensuring that we all follow this simple, yet crucial policy.
- Your biometric access only allows you (single entrant) to enter the premise. Kindly do not use it to grant another member or person access
- While we shall strive to ensure your personal safety within our premise through 24hr CCTV surveillance, we ask you to kindly take care of your belongings on the floor of the gym, and in the changing rooms. You are to also ensure personal safety while using machines or free weights regardless of whether you are under instructions from our trainers or not. Management will NOT be liable for loss, damage, injury or death occasioned by accidents or otherwise. Any sensitive or valuable items such as phones, laptops, car keys, business cards etc should be left at the reception for safe custody.
- Re-racking weights and wiping down equipment after use is a smart way of respecting the safety of other community members and yourself.
- Do not embark on the use of any machine or perform an exercise if not sure what you are doing or don’t know how to use a certain equipment properly. Ask any of our staff on the floor or at the front desk for assistance. From time to time, our staff will ask you to properly use equipment, this is not meant to interfere with your program or embarrass you, but assist you avoid injuries.
- While joining as a new member, we will ask you for personal details. This is part of our onboarding process. Be assured that we shall handle your data with utmost confidentiality and may only from time to time use it to communicate with you concerning changes in our services, new products or any other communique deemed appropriate. We will NOT share your personal information with any third party, unless in a criminal investigation as per the Laws of Kenya.
- From time to time, we will do photography and Videography during personal, group or class sessions. This is meant for our internal content creation, and we shall ask you for permission before sharing individual photos or videos. By joining our group training and studio classes, you permit us to use photo and video content for our internal marketing and promotional activities.
- We understand the need for you to capture individual moments on video or photos while working out. We however kindly request you not to take photos or videos of other members without their direct consent. You need to ensure that while capturing and posting content, other members are not within your frame of capture.
- While we shall provide lockers for your use in the changing rooms, we ask you to ensure that you remove your belongings when leaving the gym. Lockers left locked overnight will be opened by the spare key and any items found within donated to places of need without notice to you.
- If you wish to cancel or discontinue your membership with us, we kindly ask you to let us know in advance. Any issues arising out of this should be reported to management immediately so that we find an amicable solution to any dissatisfaction whatsoever.
- Respect to other community members is paramount. We forbid any altercation whether physical or verbal within our premises. Members found engaging in such behavior will be immediately asked to leave the premise or handed to authority/security officers for onward processing.
- To ensure that you enjoy your journey with us, we may from time to time make changes to our equipment by carrying out routine maintenance, upgrading or moving them from their usual location on the floor of the house. We may as well carry out renovations from time to time to ensure you get the best services in the safest environment possible. We will ensure we communicate in advance so that you are not inconvenienced.
Congratulations on making the decision to begin your fitness journey with us today! This is definitely your genesis to a stronger and fit self, a lifetime investment that is as rewarding as it is engaging. Welcome to our community!
Team Genesis
TERMS & THEIR MEANING
In this agreement:
“The Gym,” or “Gym” means the physical location of Genesis Gyms & Sports domiciled at the 3rd Floor of The Imaara Lifestyle and Shopping Center, along Mombasa Road, Nairobi, Kenya. The space comprises of a gym, a sports arena, a fitness studio, changing rooms and management offices.
“Genesis,” “We,” “Us,” “Our,” “Management,” refers to Genesis Gyms & Sports, operating under the parent company Body Justice Fitness Limited, a limited liability company registered in Kenya with operation offices on 3rd floor, at The Imaara Mall Lifestyle & shopping mall, along Mombasa Road, Nairobi, Kenya.
“Member,” “You,” “Yours,” “You’” refers to the person completing this form or who has completed this membership onboarding form.
“Membership start date,” is the date that your membership commences
“Membership fee,” is the recurring payment that guarantees you this membership and is in line with your membership plan; monthly, quarterly, semiannually or yearly.
“Membership plan,” is the specific plan you have selected in reference to the above durations and with the conditions stipulated for each plan.
“Agreement” means the concluded acceptance of these terms and conditions with us
"Parties" means you and us as the context indicates;
"Agreement" means the agreement concluded between you and us, which comprises hereof as these terms and conditions;
“The Floor” “unit” means the entire space covering the sports arena, stretching area, gym area, management offices and studio sections.
ALL TERMS
Below are all the terms that apply to you once you indicate acceptance in the declaration section at the tail end of this agreement and your enrollment confirmed.
- NEW MEMBERS- Management reserves the right to admit or reject any application for new memberships. Rights and privileges within this agreement can only be enjoyed after an application has been accepted. Your membership commences immediately upon entering into this agreement and cannot be differed or transferred. Our staff at the front desk will ask you a few questions to ascertain your readiness to join and be bound this agreement. Kindly note that membership fee is paid prior and in full in accordance with the membership plan you choose. Change of your membership plan can only be accepted in writing or at the lapse of the prevailing membership duration.
- MEMBERSHIP FEES & TAXES- Any fees of our products and services are tax inclusive at the applicable rates as per the governing laws of taxation in Kenya. If there are any other taxes imposed by the government, you are liable to pay this on top of your membership fees. Such fees however would be communicated in advance to you to avoid any inconvenience. The membership fee is paid in advance and access to the premise will be denied if the same is not honored. We will not charge any joining fees but management reserves the right to introduce such fees at any point. Such fees however will not affect existing memberships unless lapsed or canceled. Any fees introduced will be communicated to members at least 30 days before implementation. For avoidance of doubt, our membership allows you to access the gym, the sports arena and the studio any day and during our operation hours. Events and other auxiliary services such as personal training, physiotherapy, body assessment tests and any other activities attract separate fees.
- PERSONAL TRAINING- We offer personal training services to members who can afford or have been referred or preferred for such services. Before subscribing to personal training services, we will require you to understand the separate terms and conditions that govern these services (in a separate document). Our minimum fee for personal training shall be communicated to you in advance, and a personal trainer assigned to you after signing the personal training (PT) release form. These will be recurring fees on top of your membership fees and you can choose to change the trainer or opt out after sufficient notice to us, preferably 30 days in advance. Any disputes arising between trainer and client must be reported immediately to management so that an amicable solution is found.
- PAYMENT METHODS- Payment can be done using any of the following payment options: Mpesa, Bankers cheque, Visa or Mastercard. We do not accept cash payment for any of our products and services. All payments are made in Kshs and at the prevailing or current rate of each membership plan. Any other currencies or payment methods should be discussed with management before acceptance. Payment confirmation via email to the email address you provide at the point of registration will be issued within 24 hours of successful processing of your payment.
- DURATION OF MEMBERSHIP AND TERMINATION- Your membership commences on the membership start date and lapses at the end of the duration of your plan. We will communicate to indicate when your membership is about to lapse so that you can plan ahead, at least a week prior. Based on your membership plan, you can cancel your membership with us in writing to management with no less than one-month notice, and should give reasons for termination of the same, and provide any proof if requested by us. The management reserves the right to accept or decline membership termination after thorough review. In case of material breach or misconduct adduced to you, we may terminate this contract in writing to you with a one-month notice during or at the end of your membership. We reserve the right of future admittance in such a case. We may increase your membership fees from time to time upon us giving you one month's written notice. If you do not wish to accept the increase, you may cancel your membership by giving us one month's written notice. You are not allowed to defer, adjust or withhold any payment due or payable to us under this agreement; If payment of any amount due in terms of this agreement is not made in full within the stipulated period, we reserve the right to refuse you access to our premises until the same is honored in full.
- CANCELLATION AND REFUNDS- You are allowed to cancel your membership within 24 hours after payment for any reason. If you paid during our pre-sale, and for whatever reason don’t want to join after opening, you will have 48 hours to cancel your membership after we open. Any cancellation done must be in writing and when approved, refunds will be done within 30 days of such approvals via cheque or the original mode of payment where possible.
- MEMBERSHIP FREEZING- The terms for our freezing policy are as follows; Membership freezing only applies to quarterly, semiannually and Yearly plans. Corporate plans and Monthly plans are exempted from our freezing policy. You are required to formerly and in writing request for freezing, that will be done automatically from the portal and will be reactivated at your request or on your access to the facility. Access to the premise will automatically restart your membership even if written notice of your resumption has not been received by us. Specific duration of freezing for each plan will be shared before you subscribe to any membership plan. In event of imposed government regulations requiring gyms to temporarily shut down, all membership plans will be automatically frozen until such a time when the ban shall be lifted. No cancellations will be permitted and no refunds will be made during such durations. If and when we are forced to close the facility for renovations, we shall freeze all membership for the duration of the said renovations.
- GROUP TRAINING- Group training is your way of tapping into our vibrant community energy, that will propel you to the next level. All beginners will be advised to join a group so that together they can learn the basics and transition to individual training or personal training later. They are however allowed to pick personal training right away if they so wish. Our group sessions shall be free for all members, but shall be limited to a maximum of 5 members. The groups shall be supervised, led and monitored by a certified trainer, who will keep a report of progress to help you track your goals. The maximum duration for any group shall be 3 months and members of these groups will be required to subscribe to our quarterly plan to ensure consistency. Composition of each group shall be under the discretion of the Lead Trainer, who, together with the group members, can appoint a team leader on rotational basis, to build synergy and leadership. Take this chance to grow and pursue your goals with friends.
- CLASSES & USE OF STUDIO- We have a separate space/studio for all our gym classes. We also have a sports arena and a separate small space for stretching/mobility/functional workouts. Kindly note that all these spaces are communal and are to be shared with our community members. Dominating and squatting over a section for a protracted amount of time is strictly prohibited. The same applies to monopolizing one or more machines at a go. Be mindful of others and reasonably share both the space and equipment. We are a community. We shall have specific gym classes happening at specific times at our studio. Kindly note that if you sign up for a class, you must be in the studio at least 5 minutes before commencement of the class. You will not be allowed in class once the class has started and the door closed. Late comers will be turned away and asked to join the next class. Following this simple rule will help you plan well and avoid unnecessary inconveniences. As noted in our “Clean Shoes Policy” above, you will be denied entry in the studio if you don’t have an extra pair of clean shoes. Remember to carry your own water bottle, face towel and any other support gear. Phones, Cameras and Laptops are NOT ALLOWED in the studio during the class. Food is also strictly restricted, only drinking water is allowed.
- USE OF CHANGING ROOM & LOCKERS- We shall provide neat and well-arranged changing rooms separate for male and female members. Your use of this crucial area is hinged on personal responsibility and community consideration as they are communal areas. You can use any of the lockers (based on availability) while working out on the floor of the facility, but you must empty the same on exit. Lockers left locked or with items will be cut, opened and all items placed at the reception for your collection within 5 days, failure to which items will be discarded or donated to needy or charity homes. Any valuable personal belongings must be left at the reception desk or handed to your personal trainer during workout. Lost or damaged items in the changing room shall be entirely your responsibility. No claims shall be entertained for lost or damaged items. Importantly, bags will not be allowed on the floor and are required to be left in the changing room. We will provide flip flops for your use and the same must be left in the changing room. Stealing of such items, including any other gadgets placed in the changing for your use will lead to automatic loss of membership without any refund whatsoever. Use resources such as soap, electric gadgetry and water sparingly and with community responsibility at the core. Do not overstay in the shower rooms, other members need to utilize the same. We shall also provide toilets and urinal for your use. Kindly note that additional toilets and urinals can be accessed outside on the left wing of the elevators. Use this facility responsibly. Leave the changing room as clean as possible.
- USE OF SPORTS ARENA & STRETCHING SECTION- The Sports Arena and the Stretching sections are open for all our members. Being a family fitness facility, we encourage you to bring your young ones to our sports arena. Kindly note that children under the age of 18 are not allowed in the main gym section and the studio section unaccompanied. Children found in these areas without an adult will be asked to wait at our reception area for proper accompaniment. We have a number of sports and games that you can enjoy at our sports section. Be sure to sample some and try some you like. A sports timetable will be followed to ensure we manage the area properly. The stretching section can be used for mobility and functional fitness sessions as pointed above. Kindly use the space mindful of others. No food or drinks other than water will be allowed in these sections. The same applies to the gym and studio sections. Change to this rule is solely under management’s discretion.
- HEALTH & SAFETY- By accepting these Terms & Conditions, you warrant that you are in good and reasonable condition to engage in either active or passive workouts. You also agree that such physical activities will not be detrimental to your general health, comfort, safety, physical and mental condition. You also warrant that you have sought a doctor’s clearance to engage in these activities, if you have any known or suspect to have a medical condition and that the same has been assessed as safe for you taking part in gym and sports sessions. Additionally, if suffering from any known infectious or contagious disease, open cuts, abrasions, wounds, sores or visible ailments that may be detrimental to the health and safety of other members, management reserves the right to ask you not to access the common areas or take part in any sessions, until such a time when a medical report is submitted to show doctor’s clearance.
- You are required to use your own face towel to wipe off sweat and use the provided towels to clean the benches with disinfectant after every use. Re-racking weights is a way of ensuring the space is well organized to avoid any accidents that may occur if weights are left on the gym floor. Ensure that you carry your water bottle and sip from your own bottle at all times. While we shall provide drinking clean water at our water point, kindly exercise high standards of hygiene while fetching water here. We shall not allow water cups, jugs, tumblers at the water point or on the floor of the gym or studio.
- To ensure your safety, Genesis staff and trainers are authorized to stop anyone they feel is performing an exercise wrongly or in a manner that may cause bodily injury or machine damage. Compliance is advised. From time to time, we might withdraw an equipment from the floor or mark it as “under repair.” Avoid attempting to use such machines as they are unsafe. Importantly, any use of any machines/equipment is at the members own discretion and risk. Equipment and machine malfunction may occur and members waive any such responsibility and affirm that they are using our equipment and machines at own volition and risk. Personal safety is to be ensured at all time.
- As noted above, only water shall be allowed in the studio, gym area, sports area or stretching areas; eating is strictly forbidden on the floor, including in the changing rooms. Alcoholic beverages, smoking, narcotics and other mind-tempering substances are strictly prohibited; possession of these substances/items will lead to automatic ban from our facility. Management reserves the right to ask any member not wearing appropriate attire to leave the facility. No bare feet will be allowed on the floor, appropriate workout/sports shoes are to be worn at all times.
- COMMUNITY RESPONSIBILITY & BEHAVIOUR- Acts deemed as causing public distress such as shouting, howling, crying, loud arguments including unsolicited political pronouncements and religious discourse, spitting on the floor, cursing, dropping weights, body shaming, sexual harassment and indecent sexual advances, dirty or smelly attire, very loud perfume, loitering in the gym, sitting and occupying floor space without any business to be on the floor, or hording of weights is a violation of our community rules. Members found doing this will be politely asked to desist or politely asked to leave the premise. As a community, we shall at all times act as one to advance the general good and wellbeing of other members. This also means that respect is to be advanced to all staff and fellow members; failure to do so and outward expression of a rude and unruly attitude will lead to loss of membership. Management reserves the right to deny entry to any one deemed to be behaving inappropriately or expressing offensive behavior, including leaving weights on the floor, not wiping down equipment, visible bad personal grooming and hygiene and display of anti-social behavior. Breaking these regulations will be considered gross misconduct and may result in loss of membership without any refund.
- DATA PROTECTION- Our facility shall be under 24hr CCTV surveillance. By entering the facility and accepting these terms and conditions, you agree to be videotaped on these cameras, all geared towards enhancing safety. We however do not have CCTV surveillance in the changing rooms and ask all members to exercise respect and restraint when using personal cameras or phones. It is a member’s responsibility to ask for permission from fellow members to record or take any photos of themselves in the common areas and if members incidentally appear in their footage, it is up to the owner of the footage to seek consent before posting. We will from time to time ask to take member photos and videos, either on the floor of the gym, sports arena or stretching areas whilst working out for our promotional purposes. Importantly, kindly note that by agreeing to access our gym studio you waiver any rights to video footage taken during workouts and grant us permission to use such for our promotional content. If you don’t wish to be captured on our recording devices, kindly do not access the studio while a session is on. We reserve the right to any photo or video of members in any of our promotional purposes via print or digital platforms without notice to the members. At the point of registering for your membership, we shall ask you for personal information such as bio data, or photo and contact information. We intend to use this information to manage your membership and periodically communicate with you. In case of changes in the information you give us, it is your responsibility to keep us updated. We guarantee to safely and confidentially use this data and can only use it for our internal marketing or if requested by authorities as per laws of Kenya under The Data Protection Act. Genesis will use a communication channel deemed appropriate to effectively communicate with you from time to time, concerning your membership, offers and promotions and any other information we feel is relevant to you as our member.
- GENERAL- By agreeing to enter into this agreement, you are duty bound to follow and adhere to all the terms therein and to note the conditions for your use of the facility as a member. You agree to comply at all times with Genesis’ rules and policies and that breaking them would lead to the mentioned consequences. We reserve the right to amend, delete or add any rule that we deem appropriate. Part or all of these rules may be displayed at different sections within the facility as a reminder to you. Breach of any of the rules and regulations may see your membership terminated immediately.
- Selling of merchandise of any type, soliciting for private sessions, conducting sessions with other members while misrepresenting our staff, is prohibited and any member found doing this will have their membership terminated.
- This is the whole agreement and supersedes all and any other verbal or written agreements between parties. In case of any disputes, only the English referencing of this agreement will be binding and any other translations will be voided. If any waiver, extension, relaxation or temporary suspension of any rules and regulations contained in this agreement is occasioned, it shall not be construed to mean non-entity and such shall only apply to the subject matter. Any part of the agreement found in violation or invalid shall still have the other parts enforceable and legal as per the terms and conditions therein. Any promises or deletions made whether in writing or verbal by any of our staff that are not in line with the provisions of this agreement will be deemed void, and the terms of this agreement shall remain in force.
- We can assign, delegate, cede, authorize or appoint any third party of our choosing to enforce any part of this agreement without consent from you and such representatives shall be deemed as speaking the voice of Genesis. Failure on our part to exercise any of our rights for any reason or in event of a breach will not deem it as acceptance of such breach or waiver of such rights. Management reserves the right of admission of any member, regardless of rank, status or social and financial standing in the community and every member is subject to the terms and conditions contained in this agreement.
WAIVER & CONSENT
I agree to the terms and conditions outlined above and state that I am an adult of sane mind and voluntarily consent to participate in the health, wellness and fitness activities advanced by Genesis. I am well aware of the nature of all and any risks involved and bind myself and my personal legal representatives.
I am aware that Genesis Gyms & Sports is a communal space that may expose me to risk of illness from infectious diseases such as colds or flu from other facility users. I assume all such risks knowingly both known and unknown and assume full responsibility from participation in the activities at the unit.
Whilst willingly agreeing to comply, I will, in the spirit of community responsibility bring to the attention of the management any concerns, observations or reservations I may have in relation to hygiene and any other arising health risk. I might as well choose to remove myself from taking part in further activities after such notification has been made for personal safety.
I understand that Genesis may deny me entry to the facility if they have doubts, founded or otherwise of my health in relation to infections, or suffering from infectious disease or have other ailments that may affect other members within the premise. My admission will be upon presentation of a medical release form that will ascertain that I am free from such diseases and that I am fit to take part in physical fitness and activities.
Assistance advanced to me by Genesis’ staff is rendered in good faith and I understand that it doesn’t replace or supersede professional advice from my doctor or personal physician. Seeking such advice is done under my own volition and not under duress, and I indemnify the company’s staff from any unforeseen complications that may arise from following such advice.
In consenting, I declare that I am fully aware of the risks involved in taking part in any activities advanced by Genesis, and that I am in proper physical and mental condition to take part in the said activities. I know that the activities can be potentially dangerous and I may be exposed to personal injuries, and I thus accept such risks up to and including death, or property damage, and take full responsibility for the same.
I and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless the management, their officers, officials, agents, and/or employees, shareholders, directors, other participants, sponsoring agencies, sponsors, insurers, volunteers, shareholders, directors, and if applicable, owners and lessors of premises where Genesis is domiciled or where Genesis is conducting activities, whichever may apply, with respect to any and all illness, disability, death, or loss or damage to person or property, whether arising from the negligence of the releases or otherwise, to the fullest extent permitted by law.
I declare that the above information is correct and if changes arise, I will at all times notify the management at Genesis.
I acknowledge that I have read and fully understood the above prior to my signing below and I confirm acceptance of all the terms as outlined above.