TERMS AND CONDITIONS
Information published on this web site is provided for the use of its visitors and you are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. No guarantee is given of the accuracy or completeness of information on these pages. Please be aware that FITNESS HACKING may alter the information on its web site from time to time. FITNESS HACKING shall have no liability arising from the use by any party of the information on this web site. FITNESS HACKING does not warrant the information on this web site in any way and in particular, no warranty is given that the web site or its contents or hypertext links are virus free or uncontaminated. You are advised to make your own virus checks and to implement your own precautions in this respect. FITNESS HACKING exclude all liability for contamination or damage caused by any virus or electronic transmission.
FITNESS HACKING maintains the FITNESSHACKING.AE Website (“FITNESSHACKING.AE”).
- This agreement commences once you have indicated your acceptance of our Terms and Conditions in the declaration section of the web sign up process.
- All new clients are subject to the approval of the management. The management reserves the right to reject an application of a potential client of FITNESS HACKING for any reason whatsoever, in their absolute discretion.
- This agreement will become binding on you and us and you will be entitled to all the rights and privileges exercisable for the type of service chosen.
- You cannot transfer this agreement to anyone else.
- The Laws of the United Arab Emirates shall govern the Terms & Conditions, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.
- We will not trade with or provide any services to OFAC and sanctioned countries.
- The United Arab Emirates is our Country of Domicile. FITNESS HACKING controls this site from the U.A.E. FITNESS HACKING makes no representation that this site is appropriate for use in other locations. If you use this site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
PHYSICAL HEALTH OF CLIENT
- In accepting these Terms & Conditions the client 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 client further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition.
- The client shall not use any FITNESS HACKING services 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 personal trainers and other clients.
- If a client is taking medication and is aware of a condition that may affect them taking part in exercise a doctor’s letter would be needed.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
By accepting these Terms & Conditions Client is accepting this agreement. The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law of United Arab Emirates and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
FEES AND CHARGES
- All published fees and other charges are exclusive of any taxes (e.g. VAT). Should any taxes be imposed in connection with the provision of our services, you undertake to be liable for the payment thereof in addition to the original fees.
- The “Monthly Recurring Payment” or “Recurring Payment” means the FITNESS HACKINGi monthly fee for using our personal training services corresponding to the purchased membership option (e.g. Fixed Term or Flexible), and determined by the service type.
- The monthly services fee or Monthly Recurring Payment is due each month in full, upfront, in advance and with the exception of cancellations under the terms detailed below, no partial refund of the monthly services fee will be made unless you are canceling under cooling-off regulations detailed below.
- The first Monthly Recurring Payment is collected from you by us either by Debit or Credit card at the time of purchase at the same time as you become a client.
- Your second Monthly Recurring Payment will be collected one month after you joined. Subsequent Monthly Recurring Payments for monthly services fees will be collected monthly thereafter.
- If any Monthly Recurring Payment is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honored for whatever reason, you shall pay us on demand an administration fee of AED 200. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your client status. If you are ever over 30 days in arrears on a missed monthly payment and you are on a Fixed Term membership then we reserve the right to bill you immediately after the 30 day grace period for the remaining contract value without any prior notification.
- You are obligated to make the minimum number of Monthly Recurring Payments stated in your choice of membership. You are obligated to make every Recurring Payment regardless of non-attendance, except where the cancellation terms below are met.
- The date of your Monthly Recurring Payment is likely to be the same date on each month as the first Monthly Recurring Payment. You are unable to amend the date of your Recurring Payment but we reserve the right to amend the date of your Monthly Recurring Payment at our sole discretion.
- Once you have completed the minimum number of Monthly Recurring Payments as stated in your service choice we will automatically continue collecting Monthly Recurring Payments every month. Your contact will be extended by one month for each payment (“Renewal Period”).
- If you have fulfilled your commitment to the service of your choice, you may prevent the Automatic Renewal Period at any time by visiting the FITNESS HACKING website and submitting an online cancellation form (you should give us not less than 30 days’ notice).
- You agree to advise us immediately of any change to the Members Details provided.
- You agree to retain a copy of all transaction records and you are responsible for maintaining the confidentiality of the account.
- All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
- FITNESS HACKING will not pass any debit/credit card details to third parties
- FITNESS HACKING takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, (FITNESS HACKING) cannot guarantee the security of any information that is disclosed online.
- FITNESS HACKING is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.
- The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers’ are encouraged to frequently visit these sections to be updated about the changes on the website. Modifications will be effective on the day they are posted.
- From time to time we may need to increase the price of the services we provide. We will give you at least 1 full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much services you use will cost after the increase. During this period you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice then the price of your membership will be increased in accordance with our notice.
- If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third-party company for collection or take legal/police action against you. The reasonable and direct costs incurred in employing the third party company will be borne by you including costs in tracing you if you have changed your address or contact without telling us.
- Validity of the FITNESS HACKING packages:
- 10 sessions package valid for one month from the day of the purchase (30 days)
- 30 sessions package valid for three months from the day of the purchase (90 days)
- 72 sessions package valid for twelve months from the day of the purchase (180 days)
- Payment confirmation via email to the email address you provide at the point of registration will be issued within 24 hours of successful processing of your payment.
- You, as the cardholder must retain a copy of transaction records and Merchant policies and rules.
- You are responsible for maintaining the confidentiality of your membership account and payment details.
OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES
FITNESS HACKING will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country-specific.
REPRESENTATIONS BY YOU
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to FITNESS HACKING through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor / under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by FITNESS HACKING to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by FITNESS HACKING to do so. The content and software on this Site is the property of FITNESS HACKING. The cardholder must retain a copy of transaction records and Merchant policies and rules.
If you use FITNESS HACKING Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
NO COMMERCIAL USE
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain FITNESS HACKING’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. FITNESS HACKING will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
LINKS AND SEARCH RESULTS
The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. FITNESS HACKING SERVICES has no control over these sites or the content within them. FITNESS HACKING does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. FITNESS HACKING does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against FITNESS HACKING for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at firstname.lastname@example.org.
FITNESS HACKING may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
You acknowledge and agree that FITNESS HACKING will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At FITNESS HACKING’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to FITNESS HACKING or perfect these rights, titles or interests in FITNESS HACKING’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. FITNESS HACKING MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. COMPANY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF FITNESS HACKING WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
LICENCE GRANTED TO YOU
By providing materials to FITNESS HACKING, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted FITNESS HACKING an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. FITNESS HACKING may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against FITNESS HACKING for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to FITNESS HACKING. Any communication or materials you send to FITNESS HACKING will be treated as non- confidential and non-proprietary and may be disseminated or used by FITNESS HACKING for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. FITNESS HACKING is not responsible for the acts or omissions of any advertiser or sponsor.
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
CANCELATION WITHIN CONTRACT / FIXED TERM PERIOD
- You may cancel your payments whilst still within your contracted minimum number of Monthly Payments (i.e. Fixed Term of 12 months), under the following circumstances and subject to you providing satisfactory evidence:
- Relocation: This agreement can be canceled in the event that your new permanent address is outside Dubai upon FITNESS HACKING satisfactory receipt of proof of your relocation and new address.
- Long term (over 3 months) illness or injury: This agreement may be canceled in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for 3 months or longer upon appropriate proof being provided. The writing opinion must be dated within 30 days of the request to cancel.
- Pregnancy: This agreement can be canceled if you become pregnant upon the appropriate written proof being given.
- Please note – ANY Cancellation for the above reasons will not be effected until the appropriate proof is provided to a member of the FITNESS HACKING team and you receive a written confirmation response from FITNESS HACKING.
- If the canceling the agreement occurs, in the cases mentioned above the client reserves the right of refund for the period he/she made the payment for and will not be able to use the services. Refund will be done only through the original mode of payment.
- Refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45 days for the refund transfer to be completed.
ALL CANCELATION NOTICE PERIODS
All personal training sessions cancellation policy is 24 h upfront otherwise will be charged.
Any cancellation request regardless of contract type or situation requires a minimum of 30 days’ notice and all cancellations are subject to satisfactory proof of evidence should you still be within a minimum timeframe commitment before the cancellation of the membership will take effect. You acknowledge and understand that one further recurring payment will be taken from your account if such a recurring payment is due within the aforementioned 30 days notice.
- Temporary Illness or Injury: This agreement may be frozen for a minimum of 1 month and/or maximum of 3 months in the event of a temporary illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a period of time.
- Please note – ANY Freeze will not be effected until the appropriate proof is provided. Once your freeze has been processed you will not be provided with any services until the freeze period has come to an end.
- Please note – A freeze period does not affect the Minimum number of Monthly Recurring Payments you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has completed. (Freeze of payment must be submitted 14 working days before the Monthly Recurring Payment is due to be taken, if the submission is too close to the recurring payment date the following payment will be frozen).
- In the course of completing your membership and creating the payment, we may collect certain personal information about you including personal details and information about your health and person. We will use this information for purposes including managing your membership and communicating with you. You have the duty to keep your personal information up to date and to inform us of any significant changes.
- 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.
- Please contact us if you have any questions or concerns about how we 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.
- We reserve the right to take photographs of our staff providing a different type of services (which may include you, provided your inclusion is incidental) for press and promotional purposes.
- We will endeavor to use whatever method of communication deemed appropriate to notify you of the 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.
- As a client of the FITNESS HACKING, you acknowledge that you have read and understand the provisions of this paragraph and that you agree that the we may collect, use, process and disclose your personal information as described hereinabove.
- By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) The customer using the website who are Minor /under the age of 18 shall not transact on or use the website.
- FITNESS HACKING may terminate this agreement with immediate effect on notice to you if you are in breach of these Terms and Conditions. In this event, you will be liable to immediately pay all outstanding Monthly Recurring Payments.
- The FITNESS HACKING management reserves the right to use any individual or group photographs of clients and or guests for press or promotional purposes.
- 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.
- Clients and/or guests are not allowed to photograph or copy any of our promotional materials, tag lines, themes or concepts. We reserve the right to proceed FITNESS HACKING will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific
- The FITNESS HACKING website may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. We have no control over these sites or the content within them. FITNESS HACKING does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. FITNESS HACKING does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against FITNESS HACKING for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. FITNESS HACKINGFITNESS HACKING