OUR PRIVACY POLICY

MEMBERSHIP TERMS & CONDITIONS & PRIVACY POLICY

1. What Hybrid MMA & Fitness offers?

Hybrid Fitness Limited (“Hybrid”) offers its unique type of training that fuses multiple disciplines and smart approach to nutrition and our own, specifically tailored food and beverages at our club where a community of like-minded people coming together to do what we love, transforming mind, body and soul.

Hybrid offers products (food and beverages, apparel, equipment, accessories, tools and equipment) and services (training and consultation, both online and offline, in mixed martial arts and different physical and sports disciplines) in relation to health, fitness, lifestyle, entertainment and leisure.

2. Our Contact Details & Opening Hours

Website https://www.hybridmmafit.com (“Website”)

Email address info@hybridmmafit.com (“Email”)

Our club is currently at 13/F Entertainment Building, 30 Queen’s Road, CENTRAL, HONG KONG (“Club”).

Our opening hours are currently 530am to 10pm Mon-Fri; 7am to 6pm Sat; 10am to 2pm Sun (“Opening Hours”) This is subject to change according to Holiday Scheduling.

3. Membership

We currently have 4 types of memberships which are all non-transferable and non-refundable:-

• Semi Private Group Fitness Class Packs & One Month Rolling Membership
• Mixed Martial Arts Class Packs & One Month Rolling Membership
• All Access Membership MMA & GT One Month Rolling Membership
• Personal Training One On One (18 Session Minimum)

Details such as fees of pre-paid and drop-in classes can be found at http://www. hybridmmafit.com/packages / member-packages/.

Hybrid’s membership is only opened to people reaching 4 years of age. If the applicant is below 18 years of age, the parent or guardian must apply for the applicant. You become our member once Hybrid accepts your application. Your membership will continue unless it is freeze or cancelled as provided in these Membership Terms and Conditions.

As a member, you can use the Club’s facilities and enjoy the products and services you have purchased in line with these Membership Terms and Conditions.

Hybrid may refuse your membership until a professional recognised by Hybrid confirms in writing that you can take activities provided by Hybrid notwithstanding you have filled in the Pre-Exercise Questionnaire. Your feedback is important in helping us to improve. If you have any comments or questions, please contact us at info@hybridmmafit.com.

4. Your Health

Hybrid’s members of staff and third-party providers are not medically qualified and cannot assess the physical condition of or and whether you/your child/your ward can uses the Club’s facilities and services provided by Hybrid, both online and offline, or otherwise take activities provided by Hybrid without risking your health, safety or comfort. By signing the Pre-Exercise Questionnaire, you confirm that each time you/your child/your ward take facilities and services provided by Hybrid, you/your parent or guardian represent to us that you are in good physical condition and that you/your parent or guardian knows of no medical or other reason why you cannot or should not do active or passive exercise. If you believe any of the facilities and services provided by Hybrid might risk health of yours/your child/your ward, you must tell us this in writing with full details and you must also tell us if the medical condition changes.

5. Use of the Club’s Facilities and Services

When using the Club’s facilities you must always follow the Code on Gym Etiquette which is published on the Website and forms a part of these Membership Terms and Conditions. You should not use the Club’s facilities if you have an infection, contagious illness or physical ailment, such as an open cut or sore or your health or physical condition imposes any risks, however small, to other members or guests.

Hybrid may refuse you using the Club’s facilities or services if you act unreasonably or break the Code on Gym Etiquette. Hybrid may also refuse you using the Club’s facilities or services, alternatively, if Hybrid has reason(s) to believe you are not fit to take the Club’s facilities or services in until a professional recognised by Hybrid confirms in writing that you can notwithstanding you have filled in the Pre-Exercise Questionnaire or if there is no short fall on payment.

6. Mobile App

Hybrid’s mobile app (“App”) allows you to be instantly updated about your membership and latest events and information from Hybrid. Just download and register the App and you will be able to access by showing your member card on the App to gain access to the Club and events, redeem member rewards or discounts, book and cancel your classes, receive electronic statements of history of classes you have booked and status of your membership fees, notifications when your membership is due for renewal, access and update your own membership details and our online classes.

You can also book your class online via the App up to 2 days in advance. Please cancel your booking if you cannot make the class and you can cancel up to 24 hours days before class starts. Please check in to the class at the Club’s reception at least 15 minutes before class start or your place may be given to another member/guest.

7. Membership freeze

You can freeze your membership for up to a maximum of 3 months in each calendar year for pre-paid classes if you are seriously sick or incapacitated in which case you must show us a certificate from a professional recognised by Hybrid except that the Mixed Martial Arts Membership is not entitled to time freeze. Just send your request to info@hybridmmafit.com

8. Membership cancellation

Hybrid’s One Month Rolling Membership requires 1 month notice and ceases on the last day of the following month. You can only cancel your membership or demand for a refund unless the law allows you to do so and in that event, your liability to pay us outstanding fees remains and we may take action to recover them.

If for any reason Hybrid refuses you using the Club’s facilities or services, Hybrid may also warn you that you risk having your membership cancelled unless that reason discontinues but if that reason continues, Hybrid may cancel your membership. If there is short fall on payments which is not made good within 14 days of notice, Hybrid may cancel your membership.

Hybrid may cancel your membership immediately without warning if you at the Club pose a threat or harassment to anyone be that other members, guests or Hybrid’s staff members, damaging equipment, use illegal drugs or instructing other members or guests without Hybrid’s authorisation in writing.

9. Hybrid’s rights

If Hybrid does not enforce our rights at any time, it does not mean they have been waived, no matter how long Hybrid has waited. Hybrid can assign or transfer the benefit of your membership to any person, firm or company at any time and will give you 14 days’ notice in writing.

10. Hybrid’s Disclaimers – Important Notice

Hybrid’s members of staff and third-party providers are NOT doctors, licensed dieticians or nutritionists. We do not claim to help cure any condition or disease. We do not provide medical, diet or nutrition advice for the purposes of health or disease. Information, materials, recommendations and opinions given by any of Hybrid’s members of staff and third-party providers about weight training, nutrition, supplements or lifestyle provided to you in person, on the Website, by email, in classes, through products, services, facilities or other means are based on their respective experiences and for general information purposes only and should not be treated as prescriptive advice such as prescribing supplements, specific dietary plans or formulating menus. They cannot replace professional medical advice and must be discussed with your doctor because physical training involves risks. Before starting any new diet and exercise program, please consult your doctor and get clearance and confirmation before. Any product recommendation is not intended to diagnose, treat, cure, or prevent any disease.

Hybrid expressly disclaims responsibility to any person, firm or company for any liability, loss, or damage caused or alleged to be caused directly or indirectly as a result of the use, application or interpretation of any of those information, materials, recommendations, opinions, facilities, products or services given by any of Hybrid’s members of staff or third-party providers. You confirm you are participating voluntarily in using any of those information, materials, recommendations, opinions, products or services given by any of Hybrid’s members of staff or third-party providers and you alone are solely and personally responsible for your results, health, life and well-being as well as those of your family and children (born and unborn, as applicable), and all decisions now or in the future. Hybrid, its members of staff and third-party providers are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of income, revenues or profits, in any way relating to those information, materials, recommendations, opinions or any facilities, products or services provided by Hybrid or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the same (including without limitation as a result of breach of any warranty or other term of these Membership Terms and Conditions) even if such damage, claims, losses or injuries were foreseen or foreseeable. Any claim against us shall be limited to the amount you have paid, if any, for use of any of Hybrid’s facilities, products or services.

Furthermore, individual results are not guaranteed and may vary. Whilst each person’s anatomy is different, it is important to make it clear to you that a particular result is not guaranteed because result varies depending on each person’s background, dedication, physical capacity or health and genetic profile. We cannot and do not guarantee that you will attain a specific or particular result and you accept the risk that results differ for each person.

11. Update

Hybrid may change the terms of these Membership Terms and Conditions from time to time including the Club’s venue, opening hours, services, facilities and membership fees. Sometimes, we may also close the Club for refurbishment to improve the facilities. Please check for the latest terms at the Website before you use the Club’s facilities and the services you have prescribe and your continue use of the same shall be treated as your acceptance of such changes.

Hybrid will give you at least 7 days’ notice of any changes by sending a notification to you via the App, publishing them on the Website and placing a notice at the Club. If we suspend the Club’s operations or services temporarily, we will be offering you a complimentary time freeze of the same duration as the period of suspension of operations or services.

12. Applicable Law

These Membership Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China. If any part of these Membership Terms and Conditions is ruled invalid or unenforceable, that part will be deleted and the other parts will remain valid and enforceable.

13. English Version and Chinese Translation

These Membership Terms and Conditions are written in English language and may have translation in other languages. If there is any discrepancy or conflict between the English version and any of its translation(s), the English version prevails.

I, ____________________________, confirm I have reached 18 years of age and I am the parent/guardian (delete as appropriate) of ______________________________ (“Child”) (who is over 4 but under 18 years of age) and fully understand the contents of this Membership Terms and Conditions after carefully reading it, in particular Hybrid’s Disclaimers. I would like to apply for the Chid one of the following and I understand if the application is accepted by Hybrid, the contents of this Membership Terms and Conditions shall apply:-

□o membership of Hybrid

□o free consultation

PRIVACY POLICY

Hybrid respects your privacy and recognises you have the right to control your personal data. Hybrid is committed to protecting your privacy and complying with the provisions of Personal Data (Privacy) Ordinance (Cap. 486), the data privacy law in Hong Kong. You providing your personal data to us is an act of trust and we take it very seriously. Unless you consent to, Hybrid will only collect, use, store, disseminate and retain your personal data as set out in this Private Policy.

This Privacy Policy explains how your personal data will be treated either upon becoming a member of Hybrid, registering for free consultation, when you browse the Website or download and register the App. If you are under the age of 13, you must ask your parent or guardian before providing any personal data to Hybrid.

Please feel free to send an email to privacy@hybridmmafit.com if you wish to:

• receive assistance on the meaning of the contents of this Privacy Policy
• request for access to or correction of data or for general information regarding our privacy policy
• know what kind of personal data that we hold
• make any general questions or complaints

To protect your privacy, the email should be marked ‘PRIVATE & CONFIDENTIAL’.

1. Collecting Your Personal Data

Hybrid limits the collection of personal data to specific information we need to provide products and services, offer information which may be of interest to you and to operate the Club but some of it is strictly necessary to allow us to provide you with our health and fitness services such as :

• attendance record, purchase history, name (full names if your name is in more than one language), address (residential/office and email), phone number (mobile and residential/office), emergency contact information (name and phone number), whether you are from the EU, gender, age group (but we will not collect your date of birth) marital status, identity card or passport number (but we will not collect copy of your identity card or passport), profile photo, company name and address
• credit card details, payment details including type of payment
• your type of membership; your class and goal
• year of becoming Hybrid’s member
• how you heard of Hybrid
• information from your interaction with the Website, the App, our products and services including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information

We will verify some of your data by cross checking with your identity card or passport when you submit your application for free trial or membership of Hybrid.

These personal data marked as “mandatory” and provided by you will be used and is necessary for the purposes of:

• application, operation, administration, continuation, alteration, enhancement and termination of the our products and services.
• ensuring your safety and welfare should emergency occurred when you are at the Club or receiving our services.
• choosing, offering and arranging the appropriate products/services (provided by Hybrid or third-party providers) specific to your age or physical capacity or other requirements specified by you.
• for you to register with the App or the Website (as the case may be).
• supplying you with updates, notices and other communications our products and services.
• processing and requesting billing and payment, determining amounts outstanding, and if necessary, collection of outstanding payments.
• responding to your request, enquiry and complaint by telephone, email, letter or other form of communication by the same means.
• complying with obligations, requirements, recommendations and instructions to make disclosure to any regulatory or other authorities (including industry and self-regulatory bodies) in Hong Kong under the requirements of any laws binding on us or in legal proceedings.
• allowing us to select for you the appropriate products and services.
• other purposes directly relating to any of the above purposes

2. Using Your Personal Data

Hybrid intends to use your contact information (email address and mobile phone number), age group and name in direct marketing of our products (food and beverages, apparel, equipment, accessories, tools and equipment) and services (mixed martial arts, sports, physical disciplines training and consultation, both online and offline, in relation to health, fitness, lifestyle, entertainment, leisure and sports, offering discount, special offer or other forms of benefit to and in relation to our products and services of or relating to, health together with promotion of the same such as newsletters, informational materials, updates and events, rewards, promotions, events and benefits related to or offered by Hybrid.

Hybrid may be using your above mentioned personal data in promoting an event jointly held with other merchants and business partners but Hybrid will not be sharing your personal data with or disseminating it to any 3rd parties.

Hybrid will not use your above mentioned personal data in direct marketing or joint promotion unless we have your consent. If you would like to receive direct marketing materials from Hybrid, please sign below.

I understand Hybrid intends to use my personal data in direct marketing of Hybrid’s products and services and may not so use unless I have confirmed my agreement. In that regard I confirm my agreement to Hybrid using:-

1. a) my following personal data:

• Contact information (email address and mobile phone number)
• age group
• name

1. b) by the following means of communication:

• email
• mobile phone
• internet

If it later becomes necessary to take legal action to recover money you owe us or for any other reason, you expressly agree that the personal data collected from you can be relied upon in identifying you for that purpose.

3. Storing Your Personal Data

Your personal data will be accessed only by Hybrid’s authorised staff members and third-party providers. They are instructed to access your personal data in accordance with this Privacy Policy. Where personal data is stored electronically, it will be kept on a secured server and will be protected by password or other equivalent form.

4. Disseminating Your Personal Date

Hybrid may transfer/assign your personal data to the following and by signing this Privacy Policy you indicate your express consent to the transfer of personal data:

• any person, firm or company to which Hybrid sells any part of its business.
• any agent, adviser, auditor, third-party providers or service provider who provides services to Hybrid in connection with our business insofar as required to enable us to provide, or assist us in providing, the products and services to you
• any person to whom Hybrid is under an obligation to make disclosure under the requirements of any law binding on Hybrid or for the purposes of any guidelines or codes of practice issued by regulatory or other authorities with which Hybrid is expected to comply.
• Hybrid may sub-contract our obligations to third-party providers without notice but if we do, we are still responsible for ensuring those obligations are met.

5. Retaining Your Personal Date

We will retain your personal data for as long as necessary to fulfil the purpose for which the data was collected. We may also retain archived personal data for statistical purposes. Personal data which is no longer required will be erased.

6. Data Access and Correction

You can at any time request access to or correct your personal data collected by us or to delete your name or your personal data from any marketing activities. Just send your request to privacy@hybridmmafit.com . To protect your privacy, the covering email should be marked ‘PRIVATE & CONFIDENTIAL’. Hybrid may ask for certain details for identification purposes. We are required to respond to your request within 40 days but we may charge you a reasonable fee for doing so. We will not retain your personal data when you request to cancel your membership of Hybrid and we will erase your personal data as soon as practicable after we are no longer obliged to retain such data by law.

7. Cookies

The Website uses Cookies and personal data may be collected through the use of Cookies which are small data files sent from a website and stored on the hard drive of your computer or other devices by your web browser while you browse the Website. Most web browsers automatically accept Cookies but you can edit your browser options to block them but you may not be able to access certain areas of the Website.

8. Hyperlinks

If you click on any advertisements or hyperlinks appearing on the Website linking to another website, you will leave the Website for another location and we shall not be responsible for the privacy and security practices or the content of such website.

9. Update

We may change the terms of this Privacy Policy from time to time. Please check for the latest terms at the Website before you use the App or browse the Website and your continue use/browse shall be treated as your acceptance of such changes.

10. Applicable Law

This Privacy Policy shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China.

11. English Version and Chinese Translation

This Privacy Policy is written in English language and may have translation in other languages. If there is any discrepancy or conflict between the English version and any of its translation(s), the English version prevails.

12. General Data Protection Regulation (GDPR)

Although GDRP is an EU regulation, it applies to all businesses that handle data belonging to a business or individual within the EU, even if the business operates outside the EU. If you are from an EU member state, GDPR applies to us and we need to take measures to comply with GDRP. Please confirm if you are a citizen from a EU member state below; check here : https://europa.eu/european-union/about-eu/countries_en

By creating your profile you are consenting and agreeing to all our terms and conditions.