References to ‘you’, ‘your’ and ‘yours’, and after acceptance, the member, are references to the individual completing the membership application form. References to ‘we’, ‘us’ and ‘our’ are references to the FitRepublik Fitness Center referred to on this application form, operated by FitRepublik Fitness Center L.L.C., registered in the UAE, and whose registered office is at PO Box 126838, Dubai, UAE.
The “Fitness Center” means the FitRepublik Fitness Center, of which you are a member. The “Fitness Center Rules” mean the operational rules procedures and guidelines applicable to the FitRepublik Fitness Center, as displayed on our “Website”, namely www.fitrepublik.com.
The “Membership Fee” means the Fitness Center membership fee corresponding to the purchased Membership, and determined by the Membership Type and Membership Term.
A “Prepaid Member” is a Fitness Center member who pays the membership fee in full in advance for the whole Membership Term.
”Monthly Charged Members” are Fitness Center members who pay the membership fee monthly, in advance for each month of the Membership Term.
1. ACCEPTANCE OF MEMBERSHIP
1.1 All new memberships are subject to the approval of the management. The management reserves the right to reject an application for membership to the Fitness Center for any reason whatsoever, in their absolute discretion.
1.2 The decision to accept the application of a potential member shall be at the sole discretion of the management. The management reserves the right to verify, or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the payment of all monies due to the Fitness Center.
1.3 The acceptance of an application for membership of the Fitness Center shall constitute a legally binding agreement between the member and the Fitness Center. The member hereby agrees also to be bound by these Terms and Conditions.
1.4 Memberships are personal to the member and are non-assignable, non-transferable and non-refundable. In exceptional circumstances a transfer will be considered at the discretion of the management however an administration fee would be applicable. A membership cannot be transferred to another Fitness Center member.
1.5 Upon acceptance the member will be issued with a membership RFID wristband (which shall remain the property of the Company) and the member shall be entitled to all the rights and privileges under the class of membership purchased.
1.6 The loss of a membership access RFID wristband will incur a charge to replace.
1.7 Membership RFID wristbands issued to all current members must be shown at reception to gain membership rights every time a visit is made to the Fitness Center, worn at all times while in the Fitness Center, and used to operate Access Points and Speed-Gates. Membership RFID wristbands may only be used by the registered member and any fraudulent use of the membership RFID wristband by the member, including the use of a membership RFID wristband by a third party, could result in cancellation of the membership with no refund being made by the Fitness Center.
1.8 FitRepublik Fitness Center Management and Staff maintain the right to inspect Members’ RFID wristbands via scanning, in order to verify valid membership status. Members are obliged to comply with requests to “scan – validate” their RFID wristbands.
1.9 Any member wishing to enter the Fitness Center without a valid membership RFID wristband will only be admitted at the absolute discretion of the management.
1.10 Fitness Center Membership entitles a member to use any FitRepublik Fitness Center having the same status of membership as the membership taken. A member may not use a FitRepublik Fitness Center Membership having a status higher than the one they have taken. In all cases, a membership can be upgraded by paying the appropriate fee, as determined by the management from time to time.
1.11 If the member is under 18 years of age, the Parent/Guardian must sign the FitRepublik Fitness Center Membership Application before the commencement of the membership and the Parent/Guardian will be liable for payment.
2. PHYSICAL HEALTH OF MEMBER
2.1 The member warrants and also represents that he/she is in good health and is not knowingly incapable of engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition.
2.2 The member shall not use any Fitness Center facilities whilst suffering from any infections or contagious illness, disease or other ailment such as open cuts, abrasions, open sores or minor infection, where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other members.
2.3 Before using the Fitness Center, the member must first complete an introductory pre-exercise questionnaire.
2.4 If a member is taking medication and is aware of a condition that may affect them taking part in exercise a doctor’s letter would be needed.
3. MEMBERSHIP DURATION
3.1 The “Membership Term” is the period of months specified on the membership application form, in the case of Prepaid Members, commencing on the day following receipt of the Membership Fee, or in the case of Monthly Charged Members, the first payment towards the Membership Fee.
3.2 If you fail to renew your Membership in accordance with these Terms and Conditions, your Membership will terminate on expiry of the initial Membership Term.
3.3 On termination of the membership for any reason, you must return the membership RFID wristband to the Fitness Center.
4.1 Payment of the Membership Fee entitles you to the use of the Fitness Center exercise facilities during Fitness Center opening hours, in accordance with your type of membership.
4.2 Other charges which are in addition to the Membership Fee may vary by Fitness Center and may include, but not be limited to, charges for equipment hire, solarium and beauty treatment fees, locker hire and guest fees. All local prices are displayed at each Fitness Center. All published fees and other charges are inclusive of any taxes, however, should any taxes be imposed in connection with the provision by us to you of our services under these Terms and Conditions, you undertake to be liable for the payment thereof in addition to the Membership Fees.
4.3 All members shall pay an initial joining fee/administration fee as per the rate applicable at that time, which said fees are non-refundable and shall become immediately due upon being accepted as a member. Joining fees and administration fees are subject to change without notice.
4.4 Joining fees, administration fees, and Membership Fees are non-refundable upon resignation or termination for any reason whatsoever.
4.5 FitRepublik Fitness Center Management maintains the absolute right to review and increase the Membership Fees at any time, to implement periodic reviews of the Membership Fees, and to implement Membership Promotions at its discretion:
(a) If you are a Prepaid Member the review of the Membership Fee will not affect you during the Membership Term.
(b) If you are a Monthly Charged Member or Monthly Credit Card Charged Member we will give you 30 days written notice of any increase of the Membership Fee and the revised monthly payments. In the event of any increase, you may terminate the membership with effect from the date of the proposed increase by written notice to the Fitness Center of at least 7 days before the date of the increase. This will not affect your liability to pay the Membership Fee up until 1st January (or the annual review date, if we have changed it).
4.6 Monthly membership is payable between the 15th – 20th and 27th – 30th of every calendar month through your credit card arrangements as authorized by your signature on the membership application form.
4.7 If the Member makes payments through credit card, a Credit Card Fee as determined by the management from time to time will be deducted from the Member’s account in addition to the Membership Fees.
4.8 Failure to use the Fitness Center or non-usage of the Fitness Centers facilities does not eliminate your obligation to pay all the Membership Fees promptly as per these Terms and Conditions.
4.9 The credit limit on any credit card used for payment must be sufficient to cover at least 3 months Membership. If for any reason your credit card becomes inactive, it is your responsibility to provide the Fitness Center with new credit card details immediately. Credit |Card payments that default will continue to be charged until the payment is collected. In such cases, access to the Fitness Center will be denied until the outstanding fees are paid. A late payment fee as determined by the management from time to time may be charged for all such delayed payments. The management reserves the right to change the collection dates in future.
4.10 Account debits not challenged within 14 days of processing at the Fitness Center will be non-refundable thereafter.
4.11 Any lapse in membership will require the member to rejoin at the prevailing joining fee.
5. YOUR OBLIGATIONS
5.1 You agree to pay the Membership Fee and other applicable charges as they become due and payable;
5.2 To comply with Fitness Center Rules and these Terms and Conditions;
5.3 To observe and conform to all health and safety rules and guidance regarding usage of the Fitness Center, displayed at the Fitness Center and on our Website;
5.4 To use the Fitness Center equipment and facilities in accordance with all usage instructions, not to abuse the equipment and facilities and to conduct yourself in an orderly manner so as not to interfere with other members use or enjoyment of the Fitness Center and its facilities.
5.5 To compose yourself at all times with courtesy and respect, both toward fellow members and toward FitRepublik Fitness Center employees.
6. TERMINATION BY EITHER PARTY WITHOUT CAUSE
6.1 If you wish to terminate the membership prior to the end of the Membership Term other than in accordance with Clauses 3.4, 4.5(b), 6.2 and 7.2 the following will apply. If you are a Prepaid Member, we will not make a refund of the Membership Fee or any part of it, or, if you are a Monthly Charged Member or a Monthly Credit Card Charged Member, you will remain liable to us for the full Membership Fee, even if you have cancelled any payments.
6.2 In addition to our termination rights under Clause 7.1 below, if it becomes impractical for us or the Fitness Center to continue to provide the services under these Terms and Conditions, including the event of closing, we may terminate any membership on 30 days’ written notice.
6.3 If we terminate pursuant to Clause 6.2 and you are a Prepaid Member, you will be entitled to a proportionate amount of the Membership Fee for the unexpired duration (“Prepaid Member Refund”). If you are a Monthly Charged Member or Monthly Credit Card Charged Member, no further payment will be due from the date of termination and you will be entitled to a proportionate amount of monthly direct debit payment in respect of the month of termination (“Monthly Charged Member Refund”), where applicable.
7. TERMINATION BY EITHER PARTY FOR BREACH
7.1 We may terminate your Membership:
(a) Subject to the provisions hereinafter, on 30 days’ written notice if any unpaid fees or charges remain unpaid for 60 days or more. If you are a Monthly Charged Member or a Monthly Credit Card Charged Member, you will remain liable, in accordance with the existing terms, for the full amount of the Membership Fee to the end of the initial Membership Term, even if you cancel your payment instructions.
(b) Or immediately at our absolute discretion if you are in serious breach of these Terms and Conditions (which includes the Fitness Center Rules) or commit repeated minor breaches. If we do terminate your membership for any of these reasons you shall not be entitled to any repayment of the Membership Fee. If you are a Monthly Charged Member or a Monthly Credit Card Charged Member, you will remain liable, in accordance with the existing terms, for the full amount of the Membership Fee to the end of the initial Membership Term, even if you cancel your payment instructions.
7.2 You may terminate your Membership by giving the Fitness Center 30 days’ notice in writing if:
(a) we significantly reduce the Facilities or opening hours of the Fitness Center, or close the Fitness Center for refurbishment for a period of more than 8 weeks at a time (for the avoidance of doubt a significant reduction of the Facilities means closure of the Gym and/or Swimming Pool and a significant reduction of opening hours means being open for less than 12 hours a day). We will use our reasonable endeavors to give you at least 1-month notice of the change (either in writing or by displaying a sign at the Fitness Center);
(b) we change the location of the Fitness Center; or
(c) we vary the terms of the Terms and Conditions in accordance with Clause 28, and you can demonstrate to our reasonable satisfaction that the changes are materially prejudicial to you. Your right to terminate pursuant to this Clause 7.2(c) does not apply if the variation has been imposed on us by legislation, government or local authority regulation or regulation of any other competent body.
7.3 If you terminate your Membership pursuant to Clause 7.2 and are a Prepaid Member, you will be entitled to a Prepaid Member Refund. If you are a Monthly Charged Member or a Monthly Credit Card Charged Member, no further payment will be due from the date of termination and you will be entitled to a Monthly Charged Member Refund, where applicable.
8. PAYMENT DEFAULT AND LATE FEES
8.1 Failure to pay fees when due (“Payment Default”) will result in the charging of a late payment fee as determined by the management from time to time. All outstanding fees may be drawn down individually or cumulatively by the Fitness Center at the next periodic payment date, if applicable.
8.2 The Fitness Center will give the Member notice of any Payment Default.
8.3 If the Member fails to remedy the Payment Default within 30 days of receiving notice from then this will constitute a material breach of these Terms and Conditions and the Fitness Center will be entitled to terminate this contract. All fees and outstanding payments up to the date of termination will become immediately due and payable.
8.4 The Member will pay any costs incurred by the Fitness Center in collecting money, including any collection agency costs, court costs, solicitor’s fees and interest at the rate as specified by the Attorney General from time to time in accordance with applicable laws.
9. MEMBERSHIP SUSPENSION
9.1 Provided that all fees have been paid and up to date, you have the right to suspend your membership up to a maximum of 1 month in any one year for 6-Month and 12-Month memberships. You may do this by writing to the Fitness Center giving no less than 30 days’ notice of the date upon which you wish your membership to be suspended. The period of suspension must be for whole months only, and not for any lesser period.
9.2 The Membership Term shall automatically be extended by the period of any suspension.
9.3 In all cases a monthly Suspension Fee as determined by management from time to time will be payable to cover our additional administrative costs.
10. FITNESS CENTER REPAIRS AND MAINTENANCE
We reserve the right to close the Fitness Center fully for up to 14 days in any one calendar year for the purposes of carrying out repairs, refurbishments and maintenance, whether routine or extraordinary in nature. If the Fitness Center is fully closed for these reasons for more than 14 days within a calendar year but for less than 8 weeks at a time (when sub-clause 7.2(a) may apply), we will refund you a proportionate amount of the Membership Fee for the closure period in excess of 14 days.
11.1 You will be entitled to bring guests to the Fitness Center, who may use the Fitness Center and its facilities on presentation of Guest Passes which will be presented to you on joining as a NEW Annual Member. Your guests must be accompanied by you at all times and must read and sign the Health Commitment Statement prior to any activity within the Fitness Center.
11.2 Guest admittance may be restricted at certain peak times at the discretion of the Fitness Center.
11.3 You are responsible for ensuring that your guests comply with the Fitness Center Rules and you must not leave the Fitness Center before your guests.
11.4 You may not introduce a guest who has been previously rejected as a member or who has had membership terminated or suspended.
11.5 Guests are permitted to use the Gym, Swimming Pool Open Lanes, and Cardio Zone. Specialist areas such as CrossFit, Outdoor Zone, Gymnastics, Martial Arts, etc. are strictly off-limits, and always subject to the discretion of Management.
12. CORPORATE MEMBERSHIP
12.1 At the discretion of FitRepublik Management, and subject to individual Agreements, Corporate membership rates are available for companies/firms or other commercial businesses introducing ten (10) or more members (“Corporate Members”).
12.2 Corporate Members acknowledge that their Membership is subject to the terms and conditions as contained in the Corporate Membership Terms and Conditions in addition to these Terms and Conditions, and to which these Terms and Conditions shall be subordinate.
12.3 Corporate Members acknowledge that the default of the Corporation in the payment of Membership Fees shall be deemed to be a default by the Member and the Member shall be subject to the provisions of these Terms and Conditions in respect thereof.
13. JOINT/FAMILY MEMBERSHIP
13.1 Joint or family membership rates are not currently available.
14. JUNIOR MEMBERSHIP
14.1 The Fitness Center welcomes Junior Membership for ages 6 months to 16 years. Junior Members will have access to clearly defined areas of the Fitness Center only, at specific times as per the published Class Schedules. Junior Membership is at all times subject to the following rules:
Junior Members are not permitted to use any Adult dedicated offerings, these include the Gym, Aerial Studio, Group Exercise Studios, Mind & Body Studios, Cycling Studio and The Lab Treatment Rooms.
In general, Junior Members may only use FitRepublik training facilities and equipment in the context of a supervised, scheduled Class and/or Personal Training by a FitRepublik coach
Like all Fitness Center Members, Junior Members shall wear their RFID Wristband at all times while in the Fitness Center, both indoors and outdoors
Junior Members are not eligible to introduce guests
Junior Members must exit all designated training areas promptly at the end of all Training Classes
Parents & Guardians of Junior Members are not permitted to remain within Fitness Center Teaching Areas (such as Music Studios / Drama Studio / Dance Studio) in order to view sessions.
This is necessary for several reasons:
To facilitate the professional discipline required to effectively train Junior Members
To avoid congestion of Teaching Areas
To ensure safety & security
To allow FitRepublik Coaches & Instructors to focus on effective coaching
Parents & Guardians shall escort Junior Members to the appropriate Teaching Area, and promptly depart prior to the start of the Class, waiting in designated areas outside the Training Area.
Junior Members shall be collected from the Fitness Center by a parent/guardian promptly after completion of any Teaching Class; the Fitness Center shall have no obligation in this respect – any failure on behalf of the parent/guardian to do so promptly shall be deemed to represent a breach of these Terms and Conditions, and such, the Junior Member’s Membership may be terminated.
14.2 Any contravention of any of the above rules shall be deemed to be a contravention thereof by the main full member, who shall be subject to the conditions regarding breach by virtue of their failure to ensure adherence thereto by any junior member.
14.3 FitRepublik Fitness Center does not assume any responsibility for escorting Junior Members to toilets or changing rooms. This remains the express responsibility of parents/guardians.
14.4 Junior Members are expected at all times to conform to behavioral norms commonly associated with school – under no circumstances will behaviors such as bullying, intimidation, use of foul language, any and all forms of disruption and/or lapses of discipline be entertained. In such cases:
The parents/guardians will be notified
The Coach / Instructor will apply appropriate disciplinary action (e.g. “Time Out”, removal from class, etc.)
FitRepublik Fitness Center will apply a process of first and second warning, followed by dismissal, with no refund of Junior Membership.
15. OPERATING HOURS
The normal hours of operation are as indicated from time to time at the Fitness Center entrance and notice board. The management reserves the right to adjust the hours for the purpose of cleaning decorating, repairs and special private functions and holidays.
The management shall endeavor to give reasonable notice of any change in the hours of operation. FitRepublik Fitness Center does not offer “Make-Up” Junior classes for any reason whatsoever.
16. DRESS CODE
16.1 All members, junior members, and guests are required to dress modestly when participating in classes.
16.2 Members should remain modestly and appropriately dressed at all times, including in the sauna, steam and changing areas
16.3 Nudity is strictly not permitted, and members are requested to use the private changing cubicles provided.
17. FITNESS CENTER FACILITIES
17.1 The management accepts no responsibility for theft or damage to a member’s personal belongings kept in the lockers or otherwise for any reason whatsoever.
17.2 The use of mobile phones with camera features and/or any other types of visual records in changing rooms are strictly prohibited, and members are requested to ensure that they do not offend any other person when utilizing such equipment within Fitness Center.
17.3 Certain complimentary drinks may be provided to members for consumption within the premises only.
17.4 The management may from time to time show potential members or other visitors around the Fitness Center and allow them to use the facilities on a trial basis and reserves their right to do so in their absolute discretion.
18. FOOD AND BEVERAGE OUTLET
18.1 Members are not permitted to bring or consume their own food/beverages in the Fitness Center or to the Food and Beverage Outlet.
18.2 Food and beverages purchased from the Food and Beverage Outlet must be consumed in the outlet and not carried to other areas of the Fitness Center including the swimming pool, gym or the arts and crafts zone.
19.1 All members are required to complete the mandatory waiver form before commencing any exercise within the Fitness Center.
19.2 Members should be considerate of other members by using their own workout towel when using any of the exercise stations, and by wiping down equipment with disinfectant wipes.
19.3 Members are requested to return all portable equipment to the racks provided.
19.4 Members unsure about any equipment should consult a member of staff.
19.5 Fitness instructors are authorized to stop anyone from exercising if in their opinion the member/guest is exercising in a manner that may result in personal injury and/or injury to others. Users must abide by the guidance of Fitness Center instructors and comply with all points clearly stated on the Gym signage.
19.6 While every precaution is taken to maintain safety standards, all equipment and facilities are used entirely at the members or guests own risk. Any malfunction of equipment noted should be reported to a member of staff as soon as it is noticed.
19.7 Fitness Center reserves the right to close any part of the building or withdraw equipment for conducting essential repairs or maintenance. Prior notice will be given where possible to avoid inconvenience.
19.8 For safety purposes kindly use plastic bottles with sports lids for drinks where allowed.
19.9 For safety and hygiene purposes, no eating is allowed in any areas not so designated.
19.10 Mobile phones should not be used in any of the exercise areas and should be kept on silent in the lockers provided.
19.11 Members or guests may not use the facilities whilst under the influence of alcohol, narcotics or other mood-altering substances.
19.12 The Fitness Center operates a strict no smoking policy.
20. HEALTH AND SAFETY
20.1 All members are required to complete the mandatory waiver form before commencing any exercise within the Fitness Center.
20.2 Members should be considerate of other members by using a sweat towel when using any of the exercise stations, and by wiping down equipment with disinfectant wipes.
20.3 Members are requested to return all portable equipment to the racks provided.
20.4 Members unsure about any equipment should consult a member of staff.
20.5 Fitness instructors are authorized to stop anyone from exercising if in their opinion the member/guest is exercising in a manner that may result in personal injury and/or injury to others. Users must abide by the guidance of Fitness Center instructors and comply with all points clearly stated on the Gym notice boards.
20.6 While every precaution is taken to maintain safety standards, all equipment and facilities are used entirely at the members or guests own risk. Any malfunction of equipment noted should be reported to a member of staff as soon as it is noticed.
20.7 Fitness Center reserves the right to close any part of the building or withdraw equipment for conducting essential repairs or maintenance. Prior notice will be given where possible to avoid inconvenience.
20.8 For safety purposes kindly use plastic bottles with sports lids for drinks where allowed.
20.9 For safety and hygiene purposes, no eating is allowed in any areas not so designated.
20.10 For pool hygiene and member safety, children of nappy wearing age must have a swim nappy on while using the pool.
20.11 For pool hygiene all members and guests must shower before using the swimming pool, and any spa, steam room and sauna facilities.
20.12 Mobile phones should not be used in any of the exercise areas and should be kept on silent in the lockers provided.
20.13 Members or guests may not use the facilities whilst under the influence of alcohol, narcotics or other mood-altering substances.
20.14 The Fitness Center operates a strict no smoking policy.
21. PERSONAL TRAINING
21.1 Members must sign the Personal Training Contract Sheet for each personal training session at the time of the workout and must only sign for sessions that have been conducted.
21.2 All sessions must be completed on or before the contract expiry date, any contract extension must be authorized by the Fitness Center manager after ensuring all relevant paperwork to support the contract extension has been received.
21.3 The Fitness Center reserves the right to provide a replacement qualified personal trainer in the event that the current trainer is not available (this will be at the management’s discretion).
21.4 Notice of cancellation of personal training sessions must be given at least 48 hours in advance of the scheduled appointment time. Sessions will be deemed used within 24 hours of the scheduled appointment. Failure to attend a scheduled personal training session without notice will result in the session being fully charged.
21.5 All personal training sessions purchased are non-refundable and are non-transferable.
21.6 Personal Training shall be conducted solely by duly appointed and qualified FitRepublik Fitness Center Instructors & Coaches; the only exception to this rule is permission by Fitness Center Management for Coaches of Visiting Teams / Athletes to conduct training on the premises.
22. ADULT CLASSES
For all Group Exercise Sessions:
22.1 Members MUST reserve their participation in any scheduled fitness class before the scheduled class time, or as defined from time to time for specific classes, by using the various alternative Fitness Center class-scheduling mechanisms (for example, by Telephone Call, Online Scheduling, Mobile Application, Reception Desk request, etc.)
22.2 The Fitness Center will make all attempts to accommodate your participation in any scheduled fitness classes – in the event that there is space available in the required scheduled class, vacancies will be filled on a first-come-first-served basis;
22.3 Members are not allowed to enter the studio more than 5 minutes after the class has started;
22.4 Members are asked to refrain from using mobile phones in all classes;
22.5 Members are asked to use appropriate closed toe, non-marking, rubber-soled sports shoes/footwear when participating in all classes; Crocs, Flip-Flops, etc. are not permitted;
22.6 Gym Members can attend any Studio class anytime, however back to back classes are discouraged, so as to allow other members to enter;
22.7 Members attending any Fitness Center Exercise Sessions shall validate their attendance by scanning their RFID Wristband using the Instructor’s Tablet Device; failure to comply constitutes a breach of these Terms and Conditions and may lead to cancellation of Membership;
22.8 For reasons of hygiene and courtesy, members must use towels in all workout classes, and must wipe down Fitness Center equipment/mats with sanitary wipes following use;
22.9 Group exercise classes are included in the memberships fee but we reserve the right to levy a fee in selected Fitness Centers where the charge will be specific on the class timetable.
23.1 Temporary lockers are provided for the members who shall remove their personal belongings at the completion of their visit. The Fitness Center has the right to remove personal belongings that are left in the lockers at the end of each day. Unclaimed property shall be kept by the Fitness Center for a period of 1 week after which the management reserves the right to dispose of the items in such way it in their entire discretion deems fit. Clothing and other similar items will be disposed of after a 1-week period, however, any items of value will be sold periodically and all proceeds donated to the nominated charity of the Fitness Center and no claims shall be entertained after this period from members or visitors.
24. DATA SECURITY
24.1 In the course of your membership, the Fitness Center may collect certain personal information about you including personal details, financial details, and information about your health and person. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
24.2 We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities, our group companies, and professional advisors.
24.3 We may also provide your contact information to our business partners and third parties who may contact you about their products and services. Please check the relevant box during the signup process if you do not wish to receive such information.
24.4 Please contact the manager of the Fitness Center if you have any questions or concerns about how the Fitness Center will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
24.5 We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.
24.6 We will endeavor to use whatever method of communication deemed appropriate to notify you of the Fitness Center information in order to best serve your experience and assume that the information provided by you is correct and an acceptable method to provide you with this information.
24.7 As part of our efforts to make further improvements to our service we provide our members, telephone calls to and from the membership support team may be recorded or monitored and used for training purposes. To protect the operation of our computer systems we monitor incoming and outgoing email.
24.8 As a member of the Fitness Center, you acknowledge that you have read and understood the provisions of this paragraph and that you agree that the Fitness Center may collect, use, process and disclose your personal information as described here and above.
25. LIMITATION OF LIABILITY
25.1 In consideration of the management accepting a member’s application for membership of the Fitness Center and for an applicant becoming and remaining a member of the Fitness Center, the member agrees that:
a) FitRepublik Fitness Center L.L.C. registered in Dubai under License Number 721124, or its subsidiaries accept no responsibility for loss, for damage to Members, Junior Members or their guests’ properties of, for death or injuries sustained while on the premises. Members and members on behalf of Junior Members and any guests agree that no claims will be made against the Company, FitRepublik Fitness Center L.L.C, the management or staff for any reason whatsoever.
b) FitRepublik Fitness Center L.L.C. registered in Dubai under License Number 721124, its associated companies, employees or agents shall not be responsible for any claims, demands, injuries, damages or actions for negligence arising on account of death or due to injury, loss, damage or theft to Members, Junior Members or any guests’ personal property arising out of or in connection with the use by a Member or Junior Member of any of the services, facilities in the premises of FitRepublik Fitness Center L.L.C, its associated companies, employees and agents harmless from all claims which may be brought against them by or on a member or Junior Member’s behalf for any such injuries or claims aforesaid.
c) Any guest of a Member or temporary visitor to the Fitness Center shall agree to abide by the Fitness Center rules and the same limitation of liabilities for a Member shall apply.
25.2 In particular, your attention is drawn to the following provisions:
a) This condition sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and Subcontractors) to you in respect of:
Any breach of the Contract;
Any use made of the Fitness Center; or
Any representation or statement or tortuous act or omission (including negligence) arising under or in connection with the membership and/or membership agreement constituting the application for membership and these terms and conditions (“Membership Agreement”).
b) All warranties, conditions and other terms implied by law are, to the fullest extent permitted by law, excluded from the Membership Agreement.
c) Subject to the other provisions of this clause, we shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
d) Subject to the other provisions of this clause, our total liability in respect of the Membership Agreement, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Membership Agreement, shall be limited to the charges that you have paid to us in the 12 month period preceding the date of the act or omission query giving rise to the claim.
e) Members must either secure their personal belongings on their person or secure those in a locker provided by the Fitness Center. For every occasion the Fitness Center is used, the Fitness Center, its employees, agents, and subcontractors will not be liable for any loss, damage or theft of any property brought onto any of our premises whether secured in a locker or not.
f) The above limitations do not exclude the right of the member to recover any appropriate loss under relevant consumer legislation or at common law.
26. VARIATION OF TERMS
26.1 The Fitness Center may from time to time vary these terms and conditions and in respect of its operation hours, Rules of Conduct and provision of services if it is reasonably necessary to protect the legitimate interests of its business to do so.
No member shall assign, transfer or otherwise dispose of his/her membership rights under the Membership Agreement, except with the express consent of and at the sole discretion of Fitness Center management as set out hereinabove. The Fitness Center may assign or transfer in any way any of its rights or obligations under the Membership Agreement without the prior written consent of the Member on the condition that the member’s rights and under the Membership Agreement are not varied, amended or diminished in any way.
28.1 Soliciting and selling private personal training sessions or merchandise of any type to any member is prohibited and may result in immediate termination of the membership concerned.
28.2 The Fitness Center management reserves the right to use any individual or group photographs of members and or guests for press or promotional purposes.
28.3 All members must abide by the Fitness Center Rules of the Fitness Center which may be amended and/or added to from time to time at the management’s discretion.
28.4 Failure by the management to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.
28.5 Members and/or guests are not allowed to photograph or copy any Fitness Center interior designs, promotional materials, taglines, themes or concepts. The Fitness Center reserves the right to proceed with legal action against any member caught distributing, sharing or supplying such contents to any third-party vendor or competitor.