1.1 These Terms and Conditions apply to all contracts relating to the use of Smartgym's fitness services between Smartgym and the customer, unless otherwise agreed in writing.
1.2 The term “customer” means any person who has entered into a service contract with Smartgym or who is in the process of applying for the service.
1.3 Any terms or conditions of the customer that differ from these Terms shall not be binding on Smartgym unless Smartgym consents in writing.
1.4 Use of the fitness service is permitted for persons aged 16 years and over.
Persons aged between 16 and 18 must first obtain the consent of a parent or legal representative.
2.1 The customer may register for membership through Smartgym's website by selecting the desired package and filling in the required information. By clicking the button labeled “Order with Payment” or wording with the same meaning, the customer is deemed to have made a binding offer to enter into a contract.
Before confirming the registration, the customer will be able to review and correct the information.
Once Smartgym has sent the customer a confirmation email of the registration, the contract is deemed to be fully effective.
Smartgym will retain the contract data, and the customer will receive a copy of the contract together with these Terms and Conditions by email.
For online registration, the customer has the right to cancel the contract in accordance with consumer protection law.
Persons aged between 16 and 18 may register for membership, but must obtain approval from a parent.
During registration, the customer must provide the parent's email so that Smartgym can send a request for approval.
If the parent does not grant approval within 14 days, the contract shall be deemed not accepted, and no contract shall be formed.
A minor customer will not be able to access the fitness service until approval has been received.
4.1 The customer must download the Smartgym Club application via the Apple App Store or the Google Play Store to use as the access system.
After registration is complete, the customer will receive an email containing user account information and a temporary password.
The customer should change the password after logging in for the first time.
Access to the fitness facility is achieved by opening the app and scanning the QR Code at the entrance.
5.1 The customer has the right to use the fitness service in accordance with the conditions of the package subscribed to.
5.2 The fitness facility is open during the designated hours.
Smartgym operates the fitness facility without staff present at all times.
Smartgym may temporarily close certain areas for maintenance or for legal reasons.
Smartgym may close the service for maintenance for no more than 10 days per year.
The customer has no right to claim a refund of service fees in such cases.
5.3 Access to the service may only be obtained through the Smartgym app.
5.4 Smartgym has the right to establish House Rules for the use of the premises for the purpose of safety and order.
6.1 The right to use the service is personal and cannot be transferred to any other person.
6.2 The customer must maintain the security of the account and the device used to access the fitness facility.
6.3 If the customer allows another person to use their account, Smartgym has the right to charge a penalty of up to 200 euros or an equivalent amount.
6.4 Bringing alcoholic beverages, narcotics, or performance-enhancing substances into the fitness facility is prohibited.
6.5 Smoking inside the premises is prohibited.
6.6 Providing commercial coaching services on the premises without permission from Smartgym is prohibited.
7.1 Monthly service fees will be charged in advance each month.
7.2 Payment methods may include:
Automatic account debit (direct debit)
Credit card
Other payment methods designated by Smartgym
7.3 If payment is unsuccessful, the customer is responsible for any fees incurred.
7.4 If the customer is in arrears with service fees equivalent to 2 months or more, Smartgym has the right to terminate the contract.
8.1 The minimum contract term depends on the package selected by the customer.
8.2 If no cancellation is made, the contract will renew automatically.
8.3 The customer may cancel the contract by:
Letter (in writing)
The Self-Service system in the app
9.1 For safety, some areas of the fitness facility may have a CCTV camera system.
9.2 No cameras will be installed in changing rooms.
9.3 If the customer has an underlying medical condition or health problem, they should consult a doctor before beginning to exercise.
10.1 Smartgym will maintain the equipment in a safe condition.
10.2 Smartgym will be liable only in cases arising from:
Intentional acts
Gross negligence
10.3 Smartgym is not responsible for personal property that is lost or damaged, unless caused by the fault of Smartgym.
11.1 The applicable law is the law of the Kingdom of Thailand.
11.2 If any provision is void, it shall not affect the other provisions.