Membership Terms &Conditions
The terms and conditions of your (“You” or the “Member”) membership to Right Fit Fitness Centre Ltd. (“Right Fit” or the “Gym”) are set out in this agreement (the “Agreement”).
1. The Gym
All references to the ‘Gym” refer to Right Fit Fitness Centre Ltd., its officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors, agents and representatives. Facilities refer to the gymnasium, swimming pool, showers, changing rooms and fitness studios where applicable. You are bound, as a condition of membership, to comply with the rules set out below. This is to ensure that the facilities are properly and safely used by all Members.
2. Membership, Personal Training sessions, Classes
2.1 All memberships, personal training sessions and classes are non-assignable, non-transferable and non-refundable. A Member may not loan his/her membership, personal training sessions or classes to be used by a third party. The Gym may assign the benefit of these terms and conditions to any person, firm or company at any time without notice to the Member.
2.2 All new memberships, personal training sessions, classes are subject to the approval of the Management. The Management reserves the right to refuse membership or enrolment for personal training sessions or classes to any individual, without cause.
By joining the Gym, Members and the parents/guardians on behalf of the Junior Members automatically accept and agree to be bound by these terms and conditions.
The Gym may restrict use of all or part of its facilities for the purpose of undertaking maintenance work or any other work considered necessary.
2.3 Memberships, personal trainings sessions or classes are available to individuals who are a minimum of 18 years of age and to Junior Members subject to the specific provisions of this Agreement.
As a Member and/or parent/guardian on behalf of the Junior Member you agree to comply with the rules of the Gym with regards to use of the facilities, opening hours and your conduct. The Gym may make reasonable changes to these rules, from time to time, provided the Gym gives notice of these changes.
All Members and the parents/guardians on behalf of the Junior Members may, at their own discretion and expense, obtain personal insurance for loss, injury or damage that they might sustain arising from use of the facilities. The Members and the Junior Members exercise at their own discretion and accept any injury or illness brought on by exercise is their own responsibility and /or the responsibility at their parents/guardians in the case of the Junior Members.
Members wishing to report on accidents, incidents, or problems with services at the facility should contact the Management (simply ask at reception desk).
In the event of a breach of membership rules and regulations the Gym reserves the right to require any Member and/or Junior Members or guest to leave the premises. Any Member and/or Junior Members found in breach of rules or committing an illegal act, including theft, will be asked to permanently leave the facility and be banned from ever entering the again.
3. Fees
3.1 Members and the parents/guardians on behalf of the Junior Members will be required to pay the required fees. Members and the parents/guardians on behalf of the Junior Members are required to agree to the normal terms and conditions of payment.
Membership, personal training or classes fees are non-refundable and are subject to change without notice. The Management reserves the right to periodically review the prices, charges and fees and implement these accordingly.
3.2 The non-usage of the facilities does not waive the obligation to pay all the subscriptions and fees on time, nor grants a refund.
3.3 The Management will cancel any membership for which fees are unpaid for three months, thereafter the Management also has the right to continue to attempt to charge for these dues accordingly. Legal action will be taken to recover any outstanding dues from the member. The Member and/or the Junior Member may not re-join the facility until the outstanding amount is paid.
3.4 All amounts payable under this Agreement are inclusive of value added tax (“VAT”).
3.5 We accept payment by Visa or Mastercard debit and credit cards in AED for our memberships and all other products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction.
4. Termination
4.1 If a Member or a parent/guardian of a Junior Member wishes to terminate or cancel the membership, personal training sessions or classes prior to the end date if his/her membership, the Gym will not make a refund of the fee or any part of it.
4.2 The Gym may terminate your membership, personal training sessions or classes immediately at its absolute discretion if you are in serious breach of these terms and conditions or commit several minor breaches. If the Gym terminates your membership, personal training sessions or classes for any reason, you shall not be entitled to repayment of the fee.
5. Physical Condition of Members
5.1 The Member and the parents/guardians of the Junior Members warrant and represent that the Member and/or the Junior Member is in good physical condition and that he/she is not aware of any medical or other reason why he/she is not capable of engaging in an active or passive exercise program and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition.
5.2 It is the Member and/or the parent/guardian of the Junior Members responsibility to update the Company in writing with any information that might affect their ability to engage safely in physical activity in the Gym.
5.3 The Member and/or the Junior Member shall not use any of the 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.
5.4 Members, their guests and the Junior Members exercise and use the facilities at their own risk and are advised to consult their physician prior to starting exercising.
6. Health and safety
6.1 Throughout the course of your membership, personal training sessions or classes with the Gym, regular health and medical screening should be sought from your General Practitioner. If a Member, guest or a Junior Member feels dizzy, unwell or feels any unusual pain then the he/she must stop exercising and inform the staff immediately.
Members, guests and Junior Members are advised to inform the instructor of any injuries, pains or concerns prior to the class starting. The instructors have the authority to stop anyone who is exercising in a manner that may result in personal injury and or injury to others.
6.2 Before using the fitness facilities, all Members and Junior Members must complete the mandatory basic introductory session with one of the Gym staff to ensure that everyone understands the equipment and adopt a safe training regime.
6.3 All Members, guests and Junior Members of the Gym must wear appropriate, clean attire and footwear when using the facilities.
6.4 Mobile phones should not be used during exercise or swimming and should be kept on silent mode.
6.6 The facilities are non-smoking.
6.7 The following rules shall apply at all times in respect of the swimming pool:
- Appropriate swimming attire must be worn at all times in the swimming pool area and in communal changing areas.
- Jewellery can be a hazard and should not be worn during swimming, including earrings.
- Swimmers with underlying medical conditions, respiratory illness or chronic diseases must not enter the swimming pool area and must not use the pool.
- All swimmers must shower before entering the pool and after using the pool.
- All swimmers must strictly adhere to the requests of the pool lifeguard.
- Diving is not permitted anywhere in the swimming pool.
- Lanes are clearly marked for different usages; members must comply with the signage.
- Management reserves the right to deny access to the pool or to close the pool from time to time for maintenance and sanitization.
Any additional rules posted on any notices displayed in the swimming pool area must be strictly adhered to.
6.8. The following rules shall apply at all times in respect of Electric Muscle Stimulation (EMS) use.
Before beginning any EMS session, the member must read the below contra-indications:
- In case of open wounds, burns, blows, ulcers or important damages in the areas in contact with the electrodes, always consult with a medical professional.
- Pregnant and lactating.
- People with diseases of any type: bacterial or viral.
- Flu, general discomfort or pain.
- People taking antibiotics.
- People with Inguinal Hernias and Abdominal Wall.
- Bone problems.
- Epileptics.
- Cardiovascular alterations.
- People recently operated.
- Presence of electrical equipment in the interior, such as pacemakers, devices against incontinence, insulin pumps, etc.
- Diseases of the skin, dermatitis, inflammation, irritation, etc.
- Metal implants.
- Diabetics (partial contraindication).
- Have or have had any cancer of any kind.
- The EMS device is not intended for use by persons whose physical, sensory or mental capabilities are reduced, or do not have experience or knowledge.
By using EMS, the member confirms that he doesn’t present any of these above contra-indications. The Member is also aware that there are significant risks involved in all aspects of physical training and Electric Muscle Stimulation (EMS) that include but are not limited to muscular fatigue, stiffness or tightness in certain muscles after training, skin irritation under the electrodes after a stimulation session and in rare cases a vagal reaction related to the fear of electrostimulation.
7. Junior membership rules
7.1 If the member is under 18 years of age (“Junior Member”), the parent/guardian must sign the Right Fit Fitness Centre Ltd. Membership Terms and Conditions before the commencement of the membership and the parent/guardian will be liable for payment and for Junior Member compliance with the Terms and Conditions.
Any Junior Member must provide a letter of consent signed by the parent/guardian, however whenever visiting the Gym, the Junior Member must be accompanied by the parent/guardian and the Junior Member will be required to purchase classes and only train in the club with a personal trainer.
7.2 The Gym welcomes Junior Membership for ages 3 to 18 years old. Junior Members will have access only to the clearly defined areas of the Gym’s facilities, including the swimming pool only at specific times as per the published class schedules.
7.3 The Junior Members and his parent/guardian must comply with the following:
- Junior Members shall not use the swimming pool unless as part of a scheduled class or under the
supervision of the parent/guardian
- Junior Members may only use Right Fit facilities and equipment only in the context of a supervised, scheduled class and/or personal training by a RightFit trainer
- Junior Members shall be collected from the Gym by a parent/guardian promptly after completion of any class; the Gym will have no obligation in this respect and any failure on behalf of the parent/guardian to do so promptly shall be deemed to represent a breach of this Agreement, and such, the Junior Member’s membership may be terminated immediately
- The parent/guardian must remain at the premises at all times that the Junior Member is in the pool or participating in any class;
- During the classes the parent/guardian must not interrupt or communicate with the trainer/instructor or distract other Members
- Photography and video recording at the pool is strictly prohibited at all times; the Junior Member must not enter the swimming pool/training areas until invited to do so by the trainer/instructor.
- At the end of the lesson, the Junior Member must leave the pool
The Gym does not assume any responsibility for escorting Junior Members to toilets or changing rooms. This remains the express responsibility of parents/guardians:
7.4 Junior Members are expected at all times to comply to all RightFit rules. In case on non-compliance, the parents/guardians will be notified immediately, and the trainer/instructor will have the right to immediately remove the Junior Member from the class.
7.5 A parent/guardian is required to accompany the Junior Member for the duration of each class/lesson. The parent/guardian is responsible for the Junior Member at all times, save for when they are in the water during the swimming classes when the Junior Member has to strictly follow the trainer/instructor guidance.
8. Non-Harassment policy
The Gym disapproves of any unwelcomed, inappropriate and/or offensive conduct by its members or its staff. If a Member believes he has been subject to unwelcomed, inappropriate, and/or offensive conduct inside the Gym facilities, the Gym encourages the Member to clearly and promptly tell the person engaging in the conduct that it is unwelcomed and offensive (if the Member is comfortable doing so). The Gym also asks the Member to promptly notify the Gym staff at contact@rightfit.ae .
When making a report or complaint, the Gym strongly recommends the Member to provide as much details as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location or time/type of online class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.
The Gym will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. The Gym responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations. The Gym strives to maintain confidentiality throughout the investigative process to the extent practicable. However, the Gym duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed. The disciplinary actions for a member who has been found after investigation to have an offensive conduct inside the Gym facilities can include but are not limited to termination of membership, written warning, being banned from ever entering the Gym again.
Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration procedures in accordance with the laws of Dubai International Financial Centre, Dubai, United Arab Emirates.
9. Cancellation policy
Notice of cancellation of a personal training session must be given at least 24 hours in advance of the scheduled appointment time. Personal training sessions will be deemed used within 24 hours of the scheduled appointment. Failure to attend a personal training session without notice will result in the session being fully charged. Personal training sessions can be cancelled through the Gym online system or by contacting the Gym applicable studio directly.
Notice of cancellation of a classes must be given at least 8 hours in advance of the scheduled class time. Classes will be deemed used within 8 hours of the scheduled class. Failure to attend a class without notice will result in the class being fully charged. This includes switching time slots under the 8-hour notice time period. For classes unlimited memberships, single classes or classes packages, a penalty fee of 60 AED will be charged to the member for a no show (not attending a booked class without cancelling in the 8-hour notice time period). Members can cancel classes through the Gym online system or by calling the applicable studio directly.
10. Operating hours
The facility’s normal hours of operation are indicated at the entrance. The Management reserves the right to adjust the hours as considered necessary for the proper operation of the facility.
11. The facilities
Lockers are provided for the use of Members and/or Junior Members and their guests and must be cleared daily.
Unclaimed properties will be kept in the facility for a period of 2 weeks after which the Management reserves the right to dispose the items in any way it sees fit. The Management accepts no responsibility for loss or damage to a Member or Junior Member’s personal belongings kept in the lockers for any reason whatsoever.
Machines and equipment must be wiped down after use, left clean and dry and replaced in the correct area. Members and Junior Members must refrain from dropping weights and they should be replaced after use to their initial place.
You may not use the facility or participate in a class when under the influence of alcohol, drugs or any medication that may affect your safety.
The use of mobile phones with camera features and/or any other types of visual recorders in changing rooms are strictly prohibited.
The Management may from time to time show potential members or others around the Gym and allow them to use the Gym’s facilities on a trial basis and reserves the right to do so.
12. Data protection
12.1 In the course of completing the membership, the Gym may collect certain personal information (‘Personal Information”) about the Member and/or the parents/guardians on behalf of a Junior Member including but not limited to personal details, financial details and information about Member, Junior Member and/or their parents/guardians’ health and his/her person. The Gym will use this information for purposes including managing the memberships and communicating with the respective Member and/or parents/guardians on behalf of Junior Members. Members and the parents/guardians of Junior Members have the duty to keep their personal information up to date and to inform the Gym of any changes.
12.2 The Gym will limit access to the processing of and use of Member and/or Junior Member and their parents/guardians’ Personal Information to their employees and Management who may, from time to time, use the personal information for marketing or other services. In addition, from time to time, the Gym may need to make Member, Junior Member and their parents/guardians ’s personal information available to third parties such as legal authorities, their group companies and professional advisors.
12.3 The Gym may also provide Member and/or the parents/guardians of Junior Members’ contact information to its business partners and third parties who may contact the Members and/or the parents/guardians of Junior Members about their products and services. Please inform the Gym during the signup process if you do not wish to receive such information.
12.4 Members and/or the parents/guardians on behalf of Junior Members are required to contact the Management if they have any questions or concerns about how the Gym will use and store their personal information or if they wish to exercise their right to access, modify, object to the use of or request the deletion of personal information.
12.5 The Gym will endeavor to use whatever method of communication deemed appropriate to notify the Members and/or the parents/guardians of Junior Members of the Gym information in order to best serve their experience and assume that the information provided by the Members and/or the parents/guardians of Junior Members is correct.
12.6 The Gym reserves the right to take photographs of its facilities (which may include you, while you are using the facilities) for press and promotional purposes.
12.7 As a Member and/or parents/guardian on behalf of Junior Members, you acknowledge that you have read and understand the provisions of this paragraph and that you agree that the Gym may collect, use, process and disclose your Personal Information as described hereinabove.
13. Limitation of liability
13.1 In consideration of the management accepting a Member and/or parent/guardian on behalf of a Junior Member’s application for membership, personal training, swimming classes or any other classes and/or services of the Gym and for an applicant becoming and remaining a Member or Junior Member of the Gym, the Member and the parent/guardian on behalf of a Junior Member agree that:
13.1.1 The Member and the parent/guardian on behalf of a Junior Member are aware that there are significant risks involved in all aspects of physical training, Electric Muscle Stimulation (EMS) or swimming including, but not limited to: falls which can result in serious injury or death; injuries or death due to negligence on the part of the Member, his/her guest, or other people around him/her; paralyzing injuries, strains and sprains, cuts and bruises, broken bones, injuries to wrists, arms, legs, ankles, backs, heads and necks, injuries from flips or contact with other participants, spinal injuries and/or death, and which may occur as a result of use or misuse of the facility in any way by anyone, use of equipment that malfunctions or breaks, and/or improper maintenance of the facility, grounds, or equipment. The Member and the parent/guardian on behalf of a Junior Member certify that the Member and/or the Junior Member are in good physical condition for the activities in which he/she will be participating, certify that the Member and/or the Junior Member are not on any medication or treatment that would in any way impair their ability to safely participate in any activity provided by the Gym and that he/she does not have any medical condition, physical impairments, injuries, or illnesses that may preclude him/her from safely exercising or participating in the activities provided or organized in the Gym’s facilities, or that will endanger himself/herself or others. The Member and the parent/guardian on behalf of the Junior Member willingly assume full responsibility for the risks that he/she is exposing himself/herself to.
13.1.2 In consideration of the above mentioned risks and hazards and in consideration of the fact that the Member and/or the Junior Member is willingly and voluntarily participating in the activities offered by RightFit, I, the Member and the parent/guardian on behalf of the Junior Member hereby release RightFit, its affiliates (if applicable), officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors or agents from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with his/her participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This Agreement shall be binding upon the Member, the parent/guardian on behalf of the Junior Member, their successors, representatives, heirs, executors, assigns, or transferees.
13.1.3. RightFit, its officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors or agents accept no responsibility for loss, for damage to Members, their guests or Junior Member’ properties of, for death or injuries sustained while on the premises. Members, their guests and the parent/guardian on behalf of a Junior Member agree that no claims will be made against RightFit, its officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors or agents for any reason whatsoever.
13.1.4 RightFit, its officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors 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, their guests or Junior Member’ personal property arising out of or in connection with the use by a Member, guest or Junior Member of any of the services and/or facilities of RightFit. You hold RightFit and its officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors or agents harmless from all claims which may be brought against them by a Member or a parent/guardian of a Junior Member for any such injuries or claims aforesaid.
13.1.5 Any guest of a Member or temporary visitor to the Gym shall agree to abide by the Gym’s rules and the same limitation of liabilities for a Member shall apply.
13.1.6 Results may vary. Results are different for each individual as they are contingent on individual circumstances, motivation and perseverance. RightFit does not guarantee the results and the level of success the Member or the Junior Member may achieve, and the Member and the parent/guardian on behalf of the Junior Member accept the risk that results will be different for each individual.
13.1.7 I, the Member and/or the parent/guardian of a Junior Member hereby agree that, on my own behalf or on behalf of my child, knowingly, voluntarily, and freely accept and assume any and all risks, both known and unknown, of injuries or other loss or damage that I/my child may be suffer while on the RightFit’s premises and facilities, however caused, even if caused in whole or in part by the action, inaction or negligence of RightFit.
13.1.8 I the Member and/or the parent/guardian of a Junior Member agree, on my own behalf/on behalf of my child to expressly waive any and all claims, suits or demands for personal injury, property damage or other loss against RightFit, its officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors or agents, including but not limited to any and all negligence, negligent supervision and/or negligent instruction, faulty equipment, or the activities of others. To the fullest extent permitted by law, this waiver is intended to be a complete release of RightFit, its officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors or agents, for any and all responsibility for personal injuries, property damage or loss, or death sustained by me/ my child in the RightFit’s facilities, whether arising out of or resulting from my or their participation in activities, use of trampolines or other equipment, swimming pool, premises and facilities. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main facility, and/or any area selected for training by RightFit.
13.1.9 This release applies forever, for any date in the future including today’s date, that I/my child may visit RightFit’s facilities, and is further binding on the heirs, representatives and estates of the undersigned.
13.1.10 I, the Member and/or the parent/guardian of a Junior Member expressly and voluntarily agree to waive, release, acquit and forever discharge RightFit, its officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors or agents and agree to defend, indemnify and hold harmless RightFit, its officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors or agents from and against all claims, damages, injuries, expenses, or death arising out of or resulting from administering of or failing to administer medical assistance to me/ my child or my guests. I certify that I have adequate insurance to cover any injury or damage that I/ my child may cause or suffer while participating, or else I agree to bear the costs of insurance for the treatment of such injury or for the damage myself. I grant RightFit, their directors, employees or instructors the right to administer me the first aid deemed necessary and/or to request emergency medical services for me and/or my guests in the event RightFit deems a situation medically necessary and I agree to cover any and all associated expenses.
13.1.11 Participants, Members and Junior Members involved in any activities offered by RightFit or using the exercise equipment, the swimming pool or any other facility provided by RightFit, may be photographed and/or videotaped during training and use of RightFit’s facilities.
13.1.12 I, the Member and the parent/guardian of a Junior Member hereby irrevocably give RightFit, its officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors, or agents the right and permission to record my image/my child image or likeness while I/my child use(s) their facilities. Furthermore, I hereby irrevocably give RightFit, its officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors, or agents the right and permission to use my/my child image or likeness so recorded.
13.1.13 RightFit’s right of use shall include the right to publish, adapt, exhibit, reproduce, edit, distribute and display my image or likeness in connection with any product or service for any purpose (including, promotion advertising and trade) in all markets, media or technology now known or hereafter developed. Without limitation to the above, RightFit’s right of use shall also allow it to publish my/my child image or likeness on the internet, incorporate my image or likeness into promotional videos and share my image or likeness with media organizations for any purpose. I shall not have any entitlement to compensation for RightFit’s recording and use and shall not make any claim against RightFit, its affiliates, event partners, officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors or agents for damages that may arise from its recording or use including, without limitation, any claim that is based on an alleged misrepresentation, negligence, defamation, breach of privacy, right of publicity infringement or an infringement of any applicable privacy legislation.
13.2 This Agreement sets out our entire liability (including any liability for the acts or omissions of officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors or agents to you in respect of):
• Any breach of the Agreement
• Any use made of the Gym
• Any representation or statement, omission or negligence arising under or in connection with this Agreement
13.3 Members and the parents/guardians on behalf of Junior Members must secure their personal belongings in a locker provided by the Gym. For every occasion the Gym is used, Gym, its officers, directors, employees, shareholders, affiliates, representatives, instructors, independent contractors or agents will not be liable for any loss, damage or theft of any property brought onto any of their premises whether secured in a locker or not.
14. Changes to this agreement
We reserve the right to modify this Membership terms and conditions at any time, in our sole discretion. If we modify material terms to these Membership Terms and conditions, such modification will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms. If you do not agree to any of these Terms or any changes to these Terms, please do not use, access or continue to access the Services, or discontinue any use of the Services immediately.
15. Severability
If any portion of this agreement is found to be void or unenforceable by law, the remaining portion shall remain in full force and effect.
16. Governing law
This Agreement shall be governed by and interpreted in accordance with the laws of Dubai International Financial Centre, Dubai, United Arab Emirates.