Yue Co. Ltd, a company incorporated under the Laws of Malta and bearing company registration number C 57832 (“YUE, “the company”, “we” or “us”) operates a fitness & wellness facility situated at Labour Avenue Naxxar, Malta, currently consisting of:
(collectively “facilities”).
The use of our facilities, whether through an active membership, a day-pass or by appointment is governed by these terms and conditions (“Terms”). We thus encourage you to read and familiarise yourself with these Terms before you agree to become a member, acquire a day-pass or attend an appointment. If you have any questions, please inform one of our representatives, who will do their best to provide feedback and answers. Once you apply to become a member or book to access our facilities (as the case may be), you will be deemed to have accepted these Terms. If you are not prepared to accept these Terms, you should not complete sign up and should not use our service in any manner.
1.1. We reserve the right to make the use of some of our facilities available solely to those in possession of a valid membership.
1.2. Anyone applying for membership must be over the age of 16.
1.3. Members over the age of 16 but under the age of 18 must attain a Minor Discharge Form and this is to be filled out & signed by the applicant’s parent/guardian together with a copy of parent/guardian ID Card. The mentioned parent/guardian is to also sign the membership application form adjacent to applicant’s signature.
1.4. To utilize the facilities, you must have an active and valid Membership.
1.5. You will only be deemed to have an active membership if:
(a) You have applied by filling in the application form made available to you by one of our members of staff. Incomplete applications will automatically be rejected. You are entirely responsible for ensuring that all information that you provide to us is complete and accurate.
(b) It is being made expressly clear that we have absolute discretion to determine whether to accept an application or not.
(c) The relevant fees corresponding to the membership plan that you have chosen are paid in full & in advance.
1.6. Should you suffer from any health condition, you are to take sole responsibility for yourself & that the condition is controlled & will not interfere or inhibit your ability to exercise. When signing & consenting to the application form, you are also automatically agreeing that therefore you are able & fit for exercise and that you have discussed your exercise plan with the health professional that you are under the care of.
1.7. Your Membership will be in accordance with Your Membership Plan, and Your use of the gym must always be in accordance with Your Membership Plan. A Membership Plan may not entitle you to use all of our facilities. Please check with a member of our staff before subscribing to a plan.
1.8. All Memberships are non-cancellable and non-refundable.
1.9. Your Membership will last until the end of the respective term corresponding to the membership plan you have subscribed to.
1.10. You may temporarily freeze your membership for a specified fee. During this period, you will not have access to our facilities; however, the equivalent duration will be credited to your subscription term. We have full discretion to accept or deny such requests and to stipulate the maximum term that the membership may be frozen for. Please note, outright suspension of the membership is not permitted.
1.11. Your Membership cannot be transferred to another person.
1.12. We will provide You with a Membership card at the start of Your Membership. You may not enter the Gym or use any of its facilities without a valid Membership card. If You lose Your Membership card, You will have to pay us an administrative fee for a replacement.
1.13. Management reserves the right to suspend and/or withdraw the membership from a member, without compensation or refund for any membership fee should Management deem it necessary & in the best interest of the company.
2.1. The fees corresponding to the membership plan you have chosen must be paid in advance, using any of the payment methods we make available.
2.2, You must pay the applicable Membership fee allocated to your chosen plan irrespective of your non-use of any of our facilities.
3.1. To access and exit the Gym and/or 25m Lap Pool, you must use the Membership Card that we have provided you. Additionally, you may be asked to show a government-issued ID card at any time during your visit to confirm and verify your identity. This measure helps prevent any misuse of membership privileges.
3.2. You are welcome to access the Gym multiple times throughout the day as needed. Please note, however, that our entry system is configured to permit only a single automatic entry per day. If you wish to re-enter the Gym after your initial visit, simply inform one of our representatives. They will assist you by manually granting you access to the facilities again. This policy ensures flexibility for your fitness routine while maintaining security and management of the Gym’s access control.
3.3. We reserve the right to restrict the number of persons using the Gym and/or 25m Lap Pool at any one time for safety and operational reasons.
4.1. You are responsible for Your own state of health, physical condition and wellbeing at all times. Without prejudice to the aforesaid,
4.2. You agree that you are fully aware that the use of the equipment provided in the Gym involves vigorous physical exercise which will strain your cardiovascular system and other parts of your body. You agree that you are aware that such vigorous physical exercise can be a hazardous activity and you are voluntarily using the Gym facilities and equipment with the knowledge of the danger involved and the importance of seeking medical advice before using the Gym.
4.3. If you have or suspect you might have any medical conditions such as diabetes, heart issues, unusual blood pressure, or if you are taking significant medical prescriptions, it is essential to consult your doctor before using the Gym’s facilities. This step ensures that engaging in physical activity at the Gym is safe for you. Additionally, in such cases, you are required to provide a medical clearance letter from your General Practitioner (GP).
4.4. We strongly advise against participating in strenuous physical activities for which you may be medically unsuited. Before commencing any intense exercise program, it is prudent to have a thorough medical examination to determine your fitness and readiness. Please be aware that the Gym assumes no responsibility for any injuries or health issues that might occur as a result of such activities. It is vital to prioritize your safety and confirm your medical and physical readiness before engaging in any physical exercise.
4.5. It is your duty to monitor your physical responses during exercise and to immediately cease any activity that causes unusual or prolonged discomfort. Remember, listening to your body is crucial in preventing injuries and ensuring that your workout remains beneficial rather than harmful.
4.6. Ensure that you stay hydrated and nourished appropriately to support your physical exertions at the Gym. Neglecting proper nutrition and hydration can lead to serious health issues, including dehydration and nutrient deficiencies, which can adversely affect your health and hinder your physical performance.
4.7. You should not use the Gym immediately following a heavy meal.
4.8. If You have any medical condition or are taking any medication which may affect Your ability to exercise or use any equipment or facilities provided by the Gym in any way, You must inform Us of it and act in accordance with any instructions provided by Us as a result.
4.9. You should not use the Gym when under the influence of alcohol or illegal drugs.
4.10. You should only attend to another member who is unwell if you are fully qualified to do so. Please be aware that we are not responsible for any actions taken in such circumstances, and you may be held liable for the outcomes of your interventions.
5.1. We have all equipment inspected, tested and maintained on a regular basis. However, if You become aware of any damaged or defective equipment, You should immediately cease using such equipment and inform a member of Our staff.
5.2. We may withdraw equipment at any time and for any reason including, but not limited to, maintenance, repair and alteration.
5.3. We do not offer the opportunity to book equipment within our Gym. This is made available on a first-come-first-served basis.
5.4. It is important for members to use the equipment only for its intended purpose as per the manufacturer’s guidelines. Misuse of equipment not only risks injury but can also cause damage to the equipment, affecting its availability and safety for others.
5.5. You should seek advice or read the instructions before using unfamiliar equipment.
5.6 .You may only use the equipment and facilities provided by the Gym in the correct manner and must not use them in any manner which constitutes a health and safety risk either to You or to others.
5.7. Please respect the shared nature of our facilities by limiting the duration of use on popular equipment, especially during peak hours, so all members have an opportunity to benefit from the equipment. You may be asked by one of our staff members to make equipment available if your usage extends beyond a reasonable period, particularly when others are waiting. This helps ensure a fair and equitable experience for all members.
5.8. For your safety, please adhere to the posted guidelines and instructions for equipment use, and consider a proper warm-up and cool-down to be part of your routine to reduce the risk of injury.
5.9. Members are expected to handle all gym equipment with care and follow the prescribed guidelines for use. Should equipment be damaged due to negligence or misuse, we reserve the right to hold the responsible member accountable. This may include financial responsibility for repairs or replacement, and potential suspension of gym privileges. We urge all members to report any incidents of misuse or accidental damage to a staff member immediately to help maintain a safe and welcoming environment for all users.
6.1. You are asked to wipe down gym equipment before & after use with the products provided.
6.2. You are strictly asked to bring and use your own personal small towel/cloth to wipe away facial, head and hand sweat. We reserve the right to refuse entry should you not have a towel..
6.3. If you notice any cleanliness or maintenance issues, please report them to a staff member immediately. This includes spills, broken equipment, or unsanitary conditions in locker rooms or bathrooms.
7.1. You should dress appropriately when using the gym. Guidance as to what is considered to be suitable attire may be sought from our personnel who may at their discretion require you to leave the premises or part of the premises if your attire is not considered suitable.
7.2. Outdoor clothing and/or dirty clothing should not be worn and should be stored in the lockers provided in the changing areas.
7.3. Appropriate clean exercise clothing and shoes must be worn whilst exercising.
7.4. We aim to make our Gym a welcoming space where everyone can enjoy their fitness journey. You are required to uphold a standard of conduct that respects the rights and comfort of others. Please observe the following guidelines to ensure a positive experience for all users:
7.4.1. Respectful Communication: Speak in a moderate tone and always conduct yourself with decorum. Avoid using foul, loud, or abusive language. Disruptive behaviour, including shouting or aggressive actions, is unacceptable and may lead to consequences as per our gym’s policy.
7.4.2. Interpersonal Conduct: Acts of threatening behaviour, harassment, or molestation towards other members, guests, visitors, or staff are strictly prohibited. It is essential to interact with everyone in a manner that fosters safety and respect.
7.4.3. Substance Prohibition: Bringing, using, or being under the influence of illegal drugs is not permitted anywhere within the Fitness Centre. This policy is strictly enforced to ensure the health and safety of all members.
7.4.4. Alcohol Restrictions: Alcohol is not allowed on the premises. Members must not enter the Centre while intoxicated. This rule helps maintain a focused and safe environment conducive to fitness and well-being.
8.1. We kindly suggest that you leave your valuables at home when you come to work out at our Gym. While we do our best to keep the Gym a safe place, we cannot take responsibility for personal items that might get lost or stolen. Please bring just what you need for your session. Let’s keep the focus on fitness and fun, without the worry!
8.2. We also make available lockers for our Members, subject to availability and on a first-come basis.
8.3. Lockers are provided solely for storing your gym attire, toiletries, and the clothes you arrive in. It is strictly forbidden to store any other items in these lockers. However, we must emphasise that we cannot guarantee that the use of one of our lockers means that no theft or damage to your items will occur. We cannot accept any liability for such matters.
8.4. You must empty your locker before you leave the Gym.
8.5. Should we suspect that a locker is being misused or has not been emptied, we reserve the right to open the locker (using force if necessary) to inspect and remove any unauthorized or leftover items.
8.6. Should any belongings be removed from your locker due to a breach of our policies, or because they were not cleared out before you leave our Gym, you may retrieve them from reception upon paying a holding charge. These items will be held for thirty (30) days. If you do not claim your belongings within this time frame, they will be considered abandoned and may be donated to charity. We encourage you to adhere to this policy to maintain safety and organization within the Gym.
9. Media; Social Media
9.1. Whilst we understand the importance of capturing your fitness journey through photos and videos, we kindly request that you adhere to the following guidelines when it comes to recording or taking pictures and publishing on social media:
9.1.1. When taking footage (whether photos or videos), you should first try to make sure that no other person (i.e. other than yourself) features.
9.1.2. No footage whatsoever should be taken in the changing rooms.
9.1.3. When this is not possible, you are required to be mindful of others’ privacy and seek their consent before recording or taking pictures that include them in the frame, including those in the background.
9.1.4. If you choose to share footage taken in our Gym (whether on social media platforms or otherwise), we expect you to respect the privacy of others. Do not post or tag anyone without their explicit consent. Please block or blur anyone in the background of your still or video imagery.
10.1. We do not allow any animals in the Gym with the exception of guide dogs. If You require the use of a guide dog, You should inform Us of that when You apply for Membership.
10.2. We do not allow smoking inside the facilities.
11.1. The facilities are open to members during designated hours as stated on our website and in our reception area.
11.2. We reserve the right to alter the opening times of the facilities. These hours may vary based on operational needs, holidays, or special events. We ensure that any changes to our opening hours are communicated in advance through our website, posted notices at the reception and also our official social media platforms. Members are encouraged to regularly check these sources to plan their visits effectively and make the most of their membership.
11.3. Members must vacate the facilities 10 minutes before closing. Management & staff personnel on duty reserve the right to communicate this to members and should a member not co-operate, we also reserve the right to strictly ask the member to vacate the facilities immediately. Should this be repeated on multiple instances, we also reserve the right to revoke a membership without compensation.
12.1. No person can act as a personal trainer or swimming instructor within our facilities unless they have been approved by us. Any unauthorized individual found offering personal training services will be required to leave the premises immediately.
12.2. Our approval of personal trainers & swimming instructors is based solely on verifying their qualifications, ensuring they meet industry standards. This verification process allows us to confirm their professional credentials. While we ensure that all personal trainers in our facility are certified and qualified, members should exercise their own judgment when choosing to engage with any trainer/instructor. If you are not satisfied with your trainer/instructor, please get in touch with us immediately.
13.1. We make parts of our facilities available to third parties who in turn organise group sessions and/or classes such as yoga, Pilates and karate (“classes”). This allows us to enhance our offerings and provide a variety of fitness options to suit every individual’s preferences. Thus, this section only applies in relation to the participation in the classes.
13.2. It is important to understand that the organization, management, and quality control of these classes are solely the responsibility of the third-party providers. Our involvement is limited to logistical support and administrative services to assist with the booking and scheduling of these classes.
13.3. As such, we do not bear responsibility for the content or the delivery of these classes. Any concerns regarding the quality of instruction or the class content should be directed towards the third-party providers. We aim to ensure clear communication channels are available for our members to express any feedback or concerns, which we can relay to the class organizers to foster a continuous improvement in the services offered.
13.4. Classes are available to members and non-members. To participate in a class, members and non-members must pay a participation fee at the time of booking.
13.5. You must book in advance to attend any class. No priority is given and places are allocated on a first-come-first-served basis.
13.6. If a class requires specific clothing, footwear, or other items which You must provide, details of the class will specify those requirements. If You do not comply with those requirements, you may be refused the opportunity to participate in the class.
13.7. If a class involves a warm-up session, and You arrive after the warm-up session has begun, you may not be permitted to participate in the class for health and safety reasons.
13.8. In order to avoid disturbing classes you are requested to arrive in good time. Entrance to classes after the class start time may be refused. Any spaces available at the start time will be offered to those present and waiting.
13.9. Where, in the opinion of an instructor, a class is overcrowded, the instructor may restrict the number of attendees in the class.
13.10. An instructor may at any time ask you to leave a class if you are jeopardising the safety or enjoyment of others.
14.1. Some Membership Plans grant access to the pool and aquatic centre (“pool”). This section outlines specific regulations for the use of these areas. Nonetheless, all other general terms and conditions of the Terms apply to these facilities as well, adjusted as appropriate (mutatis mutandis), to ensure consistent and thorough governance across all our offerings. Thus, this section only applies in relation to the use of the pool.
14.2. These pools can only and strictly be accessed by pre-booking and sessions can be booked online via our website, by contacting our reception personnel to check availability & to schedule bookings.
14.3. Our pool is a 3-lane pool therefore allowing a maximum of 3 people within each lane, therefore, to the maximum occupancy of 9 people per hour.
14.4. Pools can also be accessed by prior booking with respective swimming schools or service providers that the Company has an agreement for offering their services from within.
14.5. If you use the pool, you must observe any and all safety notices posted in the pool area.
14.6. If your paid membership plan allows you to use the gym only, then an additional fee (over and above the Membership Fee) is required for use of the pool and this must be paid before entering the pool area.
14.7. You must store all outdoor clothing and personal items in the lockers provided in the changing areas.
14.8. You must shower before entering the pool.
14.9. Swimmers under the age of 16 (“children” for the purposes of this Clause) must be accompanied by an adult at all times. No more than 2 children may be supervised by one adult unless by prior arrangement with Us.
14.10. Unaccompanied swimmers over the age of 16 but under the age of 18 must attain a Minor Discharge Form and this is to be filled out & signed by the swimmer’s parent/guardian together with a copy of parent/guardian ID Card. The mentioned parent/guardian is to also sign the membership application form adjacent to applicant’s signature should they be applying for a membership.
14.11. You may not use any electronic equipment including, but not limited to cameras and mobile telephones, in the pool area without Our prior authorisation.
14.12. You must not use the pool when under the influence of alcohol or illegal drugs.
14.13. You should not use the pool immediately following a heavy meal.
14.14. Please note that the pool area is unsupervised, and no lifeguard is on duty. Members are strongly encouraged to exercise caution and prioritize safety while using the pool.
14.15. For your safety and the safety of others, please use the pool only if you are confident in your swimming abilities. Members who are not proficient swimmers are advised to take caution and consider swimming lessons or avoiding deeper areas of the pool. This ensures that all users can enjoy the pool safely and without undue risk.
14.16. Always adhere to posted safety guidelines and rules. Swimming alone is not recommended; it’s safer to swim with a buddy whenever possible.
14.17. Do not use the pool if you are experiencing any illness, open wounds, or any health conditions that might pose a risk to yourself or others. Ensure you shower before entering the pool to maintain water cleanliness.
14.18. Make sure you are familiar with the location of life-saving equipment, including life rings and poles. Know how to access emergency assistance if needed. Emergency contact numbers and procedures are posted around the pool area for quick reference.
14.19. Appropriate swimwear must be worn at all times in the pool. The use of swimming caps are strictly mandatory for all pools. We only permit and allow a cap not to be used in the case where an individual’s condition inhibits him to do so. Please inform a member of our staff in advance so that we can carry out any verifications, where necessary.
14.20. Keep personal belongings secure and use designated storage areas. The company is strictly not responsible for lost or stolen items.
14.21. This is a shared space, and courtesy goes a long way. Keep noise to a minimum and avoid acts that disrupt the enjoyment of others.
14.22. Bookings for pool are subject to our cancellation policy (see Appendix 1).
15.1. We rent out or otherwise make our clinics available to third-party professionals to provide certain services or treatments (hereinafter “clinic services”). This section solely applies in relation to clinic services.
15.2. Our role is limited to providing the physical space, facilities and booking assistance for clinic services but the clinic services themselves are provided directly and independently by third party professionals. We do not offer, manage, or assume liability for the clinic services provided within these clinics.
15.3. All clinic services are offered by independent professionals who are not employed or engaged by us. These providers are solely responsible for the clinic services they provide. The inclusion of such third-party professionals in our facility does not constitute an endorsement of their services. Clients are advised to conduct their own due diligence.
15.4. We expressly disclaim any responsibility for the outcomes, including but not limited to injuries, complications, or any form of dissatisfaction, that arise from your interactions with, or services received from the clinic service providers operating within our facilities. We are not liable for any actions, advice, diagnosis or treatments provided by these independent professionals. Any disputes, claims, or legal actions that may result from these services should be directed solely towards the individual provider. We encourage all clients to conduct thorough due diligence before engaging with any clinic service provider.
15.5. Any booking for clinic services is subject to our cancellation policy (see Appendix 1).
16.1. To the greatest extent permitted by applicable law, the facilities are available for your use, without any representations or warranties of any kind, either express or implied.
16.2. To the fullest extent permitted by applicable law, Yue’s maximum aggregate liability under or in connection with your use of and/or access to the Gym and/or these Terms shall be limited to direct damages of an amount equal to the amount of membership subscriptions paid by you to Yue pursuant to these Terms during the calendar year in which the loss or damage arose.
16.3. You fully acknowledge, understand and accept that there is inherent risk arising out of the use of any of our fitness facilities. This includes, amongst others incorrect use of equipment, participating in strenuous activities, being hit by falling weights and colliding with equipment and other members. You acknowledge that these injuries could result from your own actions, or the actions, omissions, or negligence of others. You accept that while we strive to maintain a safe environment, the recreational services and facilities inherently carry significant risks. By choosing to participate, you do so voluntarily and at your own risk, acknowledging full responsibility for any resulting harm or injury. Members are responsible for their own insurance arrangements in respect of any injuries which may be suffered by them or caused to them by any third party, whilst using the facilities.
16.4. We are not responsible to you for the following types of loss or damage: (a) of a kind that is not reasonably foreseeable; (b) which results from you misusing the facilities and equipment we provide; (c) when you are in breach of the Terms; or (c) from any events which are beyond our reasonable control. However, nothing in these Terms is intended to limit or exclude our liability for death or personal injury caused by gross negligence, or otherwise where we are not permitted to limit or exclude our liability by Maltese law.
16.5. YUE will not accept liability for any loss, damage to or theft of money, valuables or other personal property of members and guests. Nor will the company accept liability arising from acts or omissions of any and all third parties offering their services from within our facilities. Property stored in lockers provided by YUE is stored at the owner’s risk and no liability for loss or damage thereto will be accepted by the company.
17.1. All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17.2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policies, available from our reception and uploaded on our website. These policies are incorporated into these Terms by this reference.
18.1. These Terms and any other document expressly referred to herein constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to this subject matter. We both agree and accept that, neither of us relied on any representation or warranty (whether made innocently or negligently) that is not set out in Terms or the documents referred to in them.
18.2. We may alter these Terms at any time, but in any case we will inform you accordingly, by means we deem reasonable in the circumstances.
18.3. In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
19.1. It is important to us to ensure that your feedback is heard.
19.2. You may send any message containing complaints, suggestions, or queries that you might have regarding the use of the Platform by contacting us through any of our contact channels.
19.3. All messages are handled with due care by us and shall be confidential.
19.4. Upon receiving any such feedback, we will endeavour and do our utmost to reply as soon as is practicable.
20.1. Our failure or delay to enforce any provision of these Terms is not a waiver of our right to do so later.
20.2. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of the Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
21.1. We reserve the right, without your consent, to assign these Terms and our rights and obligations under these Terms to a third party. This may happen because of or in preparation of a corporate transaction but there may be other circumstances where we may decide to do so.
22.1. These Terms, and the relationship between you and YUE Co. Ltd (whether contractual or otherwise) shall be governed by and construed in accordance with the law of Malta.
22.2. You irrevocably agree to submit yourself to the non-exclusive jurisdiction of the Courts of Malta for settlement of any matter or dispute whatsoever arising out of these Terms.
22.3. In any case, this choice of applicable law and jurisdiction shall not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
Appendix 1 – Cancellation Policy
a. As set out in our Terms, you must book in advance to reserve a spot in a class and/or pool, set up an appointment with an instructor and/or make an appointment with one of the professionals that are available in the clinics (hereinafter collectively referred to as a “reservation”). To complete the reservation, you must make a payment in advance, the amount of which will be disclosed to you accordingly either on our website or by one of our representatives.
b. By completing a reservation, you reserve a specific spot. Due to limited capacity, this reservation precludes the possibility of accommodating others in that spot. The following terms apply to cancellations.
c. A reservation can only be cancelled by not later than 12 hours before the scheduled start time to avoid any fees (“cancellation window”). This allows us the opportunity to offer the spot to other interested members.
d. To cancel a reservation, you must either access our website and follow the instructions in the “cancel a reservation” page (or equivalent). Alternatively, you must send an email to <info@yuemalta.com>. These are the only accepted methods for cancellation, and any requests made through other channels or methods will not be considered valid.
e. If a cancellation is validly received within the cancellation window, we will provide credits which you are able to use for future reservations. However, you will only be able to use the credit in the same event that you had booked. Example, if you cancelled a booking for a pool, you will not be able to use that credit to book for a clinic.
f. Credits are valid for 30 days. Once their validity expires, you will not be able to use them.
g. If a cancellation of a reservation does not adhere to the requirements specified above (i.e., it is made outside the cancellation window or not properly received), you will be required to pay the full amount for the booking associated with the reservation.
h. This cancellation policy may be extended to apply to any of our offerings. Similarly, we reserve the right to change this policy at any time.
