Membership Rules

Article 1 (Purpose)

EVERGREEN GYM (hereinafter the “Club”) provides facilities and services to its users for the purpose of promoting the health and improving the physical ability of its members (individuals and corporations that have joined and agreed to abide by these Membership Rules).

Article 2 (Operation and Management)

The Club is operated and managed by EVERGREEN Co., Ltd. (hereinafter the “Head Office”), 1049-1 Tamado, Chikusei, Ibaraki.

Article 3 (Membership System)

1. 1.The Club operates on a membership basis.
2. 2.Members access the Club through a security tag or through reception at the facility they use.

Article 4 (Eligibility)

1. 1.Applicants must satisfy all of the following.
   1. (i)Declaring to the Club that their health permits use of the facilities.
   2. (ii)Agreeing to these Membership Rules.
   3. (iii)Not being affiliated with organised crime.
   4. (iv)Not having an infectious or communicable disease.
   5. (v)Undertaking not to expose tattoos or body art of any kind.
   6. (vi)Accepting that they may appear in photographs or video posted on social media within the Club.
   7. (vii)Being aged 16 or over, or of high-school age or above.
2. 2.Members warrant that neither they nor any third party acting for them will engage in any of the following.
   1. (i)Violent demands.
   2. (ii)Sexual harassment or sexual demands.
   3. (iii)Unreasonable demands exceeding legal responsibility.
   4. (iv)Threatening conduct or violence in connection with transactions.
   5. (v)Spreading rumours, or using deception or force to damage the Club’s reputation or obstruct its business.

Article 5 (Enrollment)

1. 1.To join the Club, an applicant submits an application in the form designated by the Club, undergoes the Club’s review, and, upon the Club’s acceptance, provides the identity documents specified by the Club. The contract is then formed and the applicant becomes a member. Members select their start date and the services they use at their own discretion and responsibility.
2. 2.Even where an application has been submitted, enrollment may be refused as a result of the Club’s review. The method, process and content of that review are not disclosed.
3. 3.Members shall promptly comply when the Club requests identification or other identity information at the time of enrollment. If a member does not comply, the Club may prohibit that member from using the facilities. Even in that case, the member is not released from the obligation to pay the fees set out in Article 8, Paragraph 2.
4. 4.Where a person under 18 wishes to join, unless the Club specifically permits otherwise, they shall first obtain the consent of a parent or other legal representative and then complete the prescribed online enrollment process. The parent shall review these Membership Rules and the other contractual terms shown during the online process, accurately enter their name, relationship, contact details and any other items specified by the Club, and indicate their consent. Once that consent process is complete, the parent is treated as having agreed to these Membership Rules and the enrollment contract. In that case the parent, whether or not they are themselves a member, is jointly and severally liable with the member for all obligations and responsibilities the member bears under these Rules.
5. 5.Applicants and parents must not, in the process described in the preceding paragraph, have a minor impersonate a parent in giving consent, enter a parent’s information without that parent’s consent, or make any other false declaration. If the registered information or consent is found to be false or improper, the Club may refuse enrollment, restrict use of the facilities, or terminate the membership contract. If the Club suffers loss as a result, it may claim compensation from the person responsible.
6. 6.Paragraphs 4 and 5 concerning persons under 18 apply mutatis mutandis to adult wards, persons under curatorship and persons under assistance, according to their legal status.
7. 7.Members shall separately pay an entry-key issuing fee, choosing either an online key at 0 JPY or a physical key at 3,000 JPY (excluding tax).

Article 6 (Notification of Changes)

1. 1.Members warrant that the information entered on their application and otherwise notified to the Club is accurate.
2. 2.The Club bears no responsibility for any loss caused to the member or to a third party by inaccurate information.
3. 3.Where the information on the application or otherwise notified to the Club changes, the member shall promptly complete the change procedure by the method specified by the Club.
4. 4.Notices from the Club to a member are deemed given upon dispatch to the contact details on file. Where a notice is delayed or does not arrive because of reasons attributable to the member, such as failing to notify a change under the preceding paragraph, the notice is deemed to have reached the member at the time it would normally have arrived.

Article 7 (Protection of Personal Information)

The Club manages the personal information of members in accordance with its separately established Notice on the Handling of Customer Personal Information.

Article 8 (Payment of Fees)

1. 1.Fees for each membership category are as stated on the enrollment application form specified by the Club at the time of joining.
2. 2.Members shall pay each charge by the payment date separately specified, by the method designated by the Club for the membership category they have applied for.
3. 3.Fees once paid are not refunded for any reason.
4. 4.If fees fall into arrears or cannot be collected, the member may not use the Club until payment is made.
5. 5.Where fees or other charges fall into arrears or remain unpaid, the Club may take legal action against the member.
6. 6.The Club becomes available for use once registration of the payment method has been completed at enrollment.

Article 9 (Succession and Transfer of Membership)

Membership of the Club is personal to the member. Membership rights, entry keys and options may not be transferred to another person, nor may they be inherited.

Article 10 (Compliance with Rules)

1. 1.In using the Club’s facilities, members shall observe these Rules, the prescribed methods of use for equipment and any other rules established by the Club, and shall follow the instructions of facility staff (hereinafter “staff”).
2. 2.The Club bears no liability whatsoever for theft or loss occurring in connection with use of the Club.
3. 3.Items left behind at the Club that remain unclaimed after two weeks are treated as abandoned, and members raise no objection to the Club disposing of them. Where there is a risk of decay or another health and safety issue, items may be disposed of before that period expires.
4. 4.Cameras are installed within the facility, covering entrances, reception and the areas around the gym equipment, in order to maintain a safe and appropriate environment. Members use the facility on the understanding that this is the case.
5. 5.In light of their medical history and current condition, members shall refrain from using the facilities on their own judgement when they are unwell.

Article 11 (Prohibited Conduct)

Members are prohibited from the following conduct within or in the vicinity of the Club’s facilities. Failure to observe these prohibitions may result in restricted use or withdrawal of membership.

1. (1)Slandering or defaming other members, staff or the Club.
2. (2)Violence against members or staff, including striking, pushing or restraining them.
3. (3)Shouting or making strange noises; violent or sexual language or conduct towards members or staff; blocking another person’s way; and other intimidating or disruptive behaviour.
4. (4)Throwing, breaking or striking objects, or other conduct that frightens other people or staff.
5. (5)Damaging, mishandling or removing the Club’s facilities, equipment or fittings.
6. (6)Lying in wait for, following, or persistently speaking to other people or staff, and similar nuisance behaviour.
7. (7)Use exceeding the time or quantity set by the Club (equipment, lockers, showers and the like).
8. (8)Molestation, voyeurism, indecent exposure, spitting and other conduct contrary to law or public order and morals.
9. (9)Bringing dangerous items such as blades, or pets, into the building.
10. (10)Using the facilities while intoxicated or under the influence of alcohol.
11. (11)Bringing large sums of money or valuables into the building.
12. (12)Monopolising the Club’s facilities or equipment beyond the designated time.
13. (13)Photographing or recording within the facility without the Club’s permission.
14. (14)Using the Club’s authentication to let in a person who is not a member.
15. (15)Use of the facilities between 11:00 p.m. and 4:00 a.m. by minors under 18.
16. (16)Napping or sleeping within the Club, or loitering for long periods unrelated to using the facilities.
17. (17)Solicitation, sales activity, religious activity and similar conduct.
18. (18)Dropping equipment on the floor, or otherwise deliberately or unnecessarily making noise or causing vibration.
19. (19)Entering restricted areas such as the information room or staff room.
20. (20)Changing the settings of equipment (air conditioning, lighting, audio and the like) without permission.
21. (21)Soliciting members, staff or associates to resign, or arranging or poaching them for employment elsewhere.
22. (22)Any illegal act not individually listed above.
23. (23)Providing personal training or similar instruction within the gym, or conduct regarded as such, without the Club’s permission.
24. (24)False declarations or false reports when using the Club’s facilities or receiving its services.
25. (25)Any other conduct the Club deems unbecoming of a member.

Article 12 (Exemption from Liability)

1. 1.When using gym equipment installed at the Club, members shall follow the normal method of use and give full consideration to their own health and ability. Even if an accident occurs while using such equipment, the Club bears no liability and the member is responsible for it. This does not apply where the accident arises from the Club’s wilful misconduct or gross negligence.
2. 2.The Club bears no liability for loss, theft or other damage arising in connection with use of the facilities.
3. 3.The Club takes no part in, and bears no responsibility for, disputes or trouble arising between members (including third parties).

Article 13 (Members’ Liability for Damages)

Where a member causes loss to the Club, to other members or to a third party while using the Club’s facilities for any of the reasons below, that member bears responsibility for the loss.

1. (i)Where prohibited conduct under Article 11 has damaged the facilities or restricted the use of fittings.
2. (ii)Where the facilities have been used in a manner other than that designated or instructed by the Club.
3. (iii)Where fittings provided by the Club have been taken away.
4. (iv)Where loss has otherwise been caused to another member or to the Club wilfully or negligently.

Article 14 (Withdrawal and Suspension)

1. 1.A member withdrawing or suspending membership for personal reasons may do so by completing the procedure in the form specified by the Club (withdrawal and suspension cannot be requested by telephone or verbally) by the 10th of the month before withdrawal, or the 5th of the month before suspension. Members remain obliged to pay all charges up to the date of withdrawal or suspension.
2. 2.During a suspension, the member pays the monthly suspension fee set by the Club.
3. 3.Suspension lasts a maximum of six months from the month declared, after which the membership reverts automatically to the plan previously contracted.
4. 4.The Club may not be used during a period of suspension.
5. 5.To return from suspension, the member completes the procedure in the form specified by the Club (requests cannot be made by telephone or verbally) by the 10th of the preceding month. Membership resumes and use of the facilities becomes possible once the procedure is complete.

Article 15 (Restriction and Prohibition of Use)

1. 1.Where a member falls under any of the following, the Club may restrict or prohibit that member’s use of its facilities, or immediately terminate the contract. Even where use has been restricted or prohibited, the member remains obliged to pay the charges set out in Article 8, Paragraph 1.
   1. (i)It emerges that the eligibility requirements in Article 4 are not met.
   2. (ii)These Rules or other rules established by the Club have been breached.
   3. (iii)After a payment method has been set up, it becomes unusable through the member’s own responsibility.
   4. (iv)Fees have not been paid for two consecutive months.
   5. (v)A petition for bankruptcy or civil rehabilitation has been filed, or voluntary liquidation has been proposed.
   6. (vi)It emerges that the member has a condition liable to cause muscle spasms, loss of consciousness or similar symptoms.
   7. (vii)It emerges that the member has a condition liable to cause a group infection.
   8. (viii)It emerges that a doctor has prohibited the member from exercising or bathing.
   9. (ix)Regarding use of the facilities during pregnancy, a doctor has prohibited exercise, or the Club judges use of the facilities inappropriate in order to ensure the safety of the member or the foetus.
   10. (x)The law has been broken.
   11. (xi)The Club otherwise deems the person unbecoming of a member.
2. 2.Even where a member suffers loss as a result of the Club terminating the contract under the preceding paragraph, the Club bears no liability to compensate that loss.

Article 16 (Temporary Closure and Shutdown)

1. 1.The Club may designate days of temporary closure.
2. 2.Where the Club judges, for any of the following reasons, that operating is difficult or inadvisable, it may temporarily close or shut down all or part of its facilities.
   1. (i)A natural disaster, severe weather, earthquake, epidemic or other force majeure has occurred or is likely to occur.
   2. (ii)The facilities require alteration, extension, repair, maintenance or inspection.
   3. (iii)A judgment has been handed down, legislation enacted or repealed, or an administrative disposition (including an adverse disposition) or order issued.
   4. (iv)There has been, or is likely to be, a marked change in social conditions.
   5. (v)Circumstances have arisen, or are likely to arise, that make operating financially difficult or inadvisable.
3. 3.In the cases in the preceding two paragraphs, the member’s obligation to pay charges is neither reduced nor waived, except as provided by law or as recognised by the Club.
4. 4.Where temporary closure or shutdown is planned, the Club will, so far as circumstances allow, give notice to members at least one month in advance.

Article 17 (Dissolution)

1. 1.Where unavoidable circumstances arise, the Club may dissolve by giving three months’ notice.
2. 2.Where the reason for dissolution is a natural disaster, an order or compulsion by public authority, or other force majeure, the notice period in the preceding paragraph may be shortened.
3. 3.In the event of dissolution as above, the Club bears no liability to compensate any loss suffered by members.

Article 18 (Changes to Charges, Scope of Use, Conditions and Operation)

1. 1.Where the Club judges it necessary and reasonable in light of social conditions, economic circumstances, taxation, prices, labour costs or other operational factors, it may change, introduce or abolish (hereinafter “revise”) fees, charges, handling fees and other prices, membership categories, plans, service content, scope of use, conditions of use and methods of facility operation.
2. 2.Where the Club makes a revision under the preceding paragraph, it will notify members of the content of the revision, the effective date and the members affected at least two months before the effective date.
3. 3.Where the notice under the preceding paragraph does not specify the members, locations, plans or other scope affected, the revision applies to all members.
4. 4.Notice under this Article is given by at least one of the following: the Club’s website, its official LINE account or other chat medium, email, social media, or notices posted within the facility. Notice is deemed given at the point of publication or distribution on that medium.
5. 5.A revision applies to the members affected from the notified effective date. A member who does not agree to the revision shall complete the withdrawal procedure set out in Article 14 before that date.

Article 19 (Amendment of These Rules)

The Club may amend these Rules, in principle by giving notice to members. Notice is given by the method set out in Article 20. Unless the Club specifies otherwise, the amended Rules take effect for all members upon that notice, and members agree to this in advance. Revisions under Article 18 are governed by that Article in priority.

Article 20 (Method of Notice)

Notice to members under these Rules is given by at least one of the following: notices posted within the facility, the Club’s website, its official LINE account or other chat medium, email, or social media. Notice is deemed given at the point of publication or distribution on that medium.

Article 21 (Supplementary Provisions for Corporate Members)

1. 1.For members under a corporate membership contract (hereinafter a “corporate contract”) between the Club and the corporation they belong to, the following apply in addition to the above.
   1. (i)In addition to the requirements of Article 4, Paragraph 1 (Eligibility), the corporation the member belongs to must have concluded a corporate contract with the Club.
   2. (ii)Separately from Article 18 (Changes to Charges, Scope of Use, Conditions and Operation), where charges change as a result of a change to the corporate contract, that change applies.

Article 22 (Personal Training)

1. 1.Where the personal training service attached to Light Plan benefits is used, only the contract holder may use it. The right of use may not be transferred to, or used by, a third party.
2. 2.The right to one personal training session per month attached to the Light Plan is valid only within that month. If it is not used within the month, the right lapses regardless of the reason and cannot be carried forward, substituted, refunded or exchanged for cash. Unused sessions do not accumulate. This does not apply where the session could not be taken within the month for reasons attributable to the Club.
3. 3.Cancellation or rescheduling of a personal training booking shall be communicated by the method specified by the Club by the day before the booking.
4. 4.Where a booking is cancelled or rescheduled on the day, or the member does not attend at the booked time without prior notice, 100% of the session fee is payable as a cancellation charge, regardless of the reason. Where the booking was made using a ticket or other right of use, that right is treated as consumed and is neither refunded nor transferred. This does not apply where the session could not take place for reasons attributable to the Club.
5. 5.Where a member repeatedly fails to attend without notice, or the Club otherwise judges the conduct to be improper, the Club may decline to continue personal training for that customer or member, restrict bookings or use, or terminate the membership contract and withdraw the membership.
6. 6.Even where personal training is discontinued, use is restricted, or the membership contract is terminated under the preceding paragraph during the contract period, fees, membership charges and other sums already paid are not refunded. This does not apply where a refund obligation arises by law.
7. 7.Members and other users of personal training shall not make false or inaccurate declarations, or conceal material facts, regarding their physical condition, medical history, injury history, medical treatment and medication, instructions received from a doctor, dietary history or other matters necessary for delivering and directing personal training. They shall declare such matters accurately to the extent they are aware of them.
8. 8.Where any of the matters in the preceding paragraph changes, or where a change in condition, pain or other symptom arises during or around a personal training session, the member or user shall promptly report this to the Club or the trainer in charge.
9. 9.Where a member or user breaches the preceding two paragraphs by making a false declaration, giving an inaccurate report, omitting or concealing required information, or delaying a required report, and this results in a deterioration in condition, injury, the onset of symptoms, reduced effectiveness of instruction, failure to reach a set goal or other loss, the Club bears no liability. This does not apply in cases of the Club’s wilful misconduct or gross negligence. Where the breach causes loss to the Club, the Club may claim compensation from that member or user.

Article 23 (Family Access Option for the Light Plan)

1. 1.A Light Plan contract holder (hereinafter in this Article the “Holder”) may, by completing the application procedure prescribed by the Club, obtaining the Club’s approval and paying the separately determined option fee for each user, register their spouse or a relative within the first degree of kinship who is of junior-high age or above as a user of the Club’s facilities (hereinafter a registered person is a “Family User”). However, a single Holder may register no more than two Family Users at any one time.
2. 2.Notwithstanding the age requirement in Article 4, Paragraph 1, Item (vii), a Family User may use the facilities provided they are of junior-high age or above. The eligibility requirements other than age apply to Family Users as well.
3. 3.A Family User does not acquire independent membership. Their right to use the facilities is attached to the Holder’s membership and Light Plan contract. Family Users shall observe these Rules and the other rules established by the Club, and shall follow the instructions of facility staff.
4. 4.The Holder and the Family User shall complete the identity verification, user registration and other procedures specified by the Club. The Club may, as necessary, require identity documents, documents evidencing the family relationship, and any other materials it deems necessary.
5. 5.Where the Holder or the Family User makes a false declaration about the family relationship, age, personal information or other registered items, or conceals a material fact, the Club may cancel the Family User’s registration, prohibit use of the facilities, or terminate the Holder’s membership contract. If the Club suffers loss as a result of that falsehood or concealment, it may claim compensation from the Holder and the Family User.
6. 6.A Family User shall use the entry key and other credentials issued or registered to them personally. They may not use, lend, share or transfer the Holder’s or another person’s entry key or credentials, nor allow a third party to use them.
7. 7.Where a Family User is under 18, the consent procedure by a parent or other legal representative set out in Article 5, Paragraphs 4 and 5 must be completed. A Family User under 18 may not use the Club’s facilities between 11:00 p.m. and 4:00 a.m. the following day.
8. 8.The facilities, equipment, services, hours and other conditions available to a Family User are as separately determined by the Club. A Family User may not use the personal training service attached to the Light Plan under Article 22.
9. 9.The option fee and other charges arising from a Family User’s use of the facilities are, in principle, paid by a payment method in the Holder’s own name. Payment in a name other than the Holder’s is permitted only where the Club recognises unavoidable circumstances. Even where such a payment fails and non-payment or arrears arise, the Holder is not released from the obligation to pay and shall pay the full amount.
10. 10.As the principal contract holder of the Light Plan, the Holder shall ensure that Family Users observe these Rules and the other rules established by the Club, and is responsible for managing and supervising their use of the facilities.
11. 11.Where a Family User breaches these Rules or the other rules established by the Club, or causes loss to the Club, another member or a third party, the Holder is jointly and severally liable with the Family User for that breach or loss. In the event of a breach by a Family User, the Club may restrict or prohibit the use of the facilities by the Family User or the Holder, cancel the family access option, or terminate the Holder’s membership contract.
12. 12.Where the option fee or other charges are unpaid or in arrears, the Club may suspend use of the facilities by both the Family User and the Holder until payment is completed.
13. 13.Where the Holder withdraws or suspends their membership, changes to a plan other than the Light Plan, or has their membership contract terminated, the family access option ends at the same time.
14. 14.Where a Family User ceases to fall within the scope of Paragraph 1 due to divorce, dissolution of adoption or other circumstances, the Holder shall promptly notify the Club. In that case the Family User’s right to use the facilities ends at the point they ceased to fall within that scope.
15. 15.Even where the family access option ends, a registration is cancelled, use of the facilities is restricted or prohibited, or the Holder’s membership contract is terminated, option fees and other charges already paid are not refunded.