Rules

The rules of the studio may be amended, varied, deleted and added to from time to time at the discretion of the management, these are available online at www.smartfitness.ae and must be adhered to by all members and guests at all times. The online version of this document will supersede the hard copy at all times. Members & guests are required to familiarize themselves with these Terms & Conditions from time to time.

In these terms “SMART Fitness “, “us”, “we” or “our” means SMART Fitness Sports Services and all its subsidiaries and “you” refers to all members guests and visitors who must comply with these Rules.

These Rules are incorporated into a Member’s Contract with us and compliance with these Rules is important to uphold the standards at our facilities and to enable Members and Guests to get full enjoyment from their services. Any person who does not comply with these Rules may be ejected from or denied access to a Club or may have their Membership terminated by SMART Fitness.

Membership

i. Membership is for the sole use of the registered applicant and is non transferable and non refundable.

ii.Membership entitles Members to access our facilities and/or participate in timetabled Exercise Classes which are held inside or directly outside our facilities. We offer different types of membership and the types of memberships offered by us may change from time to time.

iii. You should contact SMART Fitness reception or visit www.smartfitness.ae if you would like further details of different types of gym membership that are available. Each category of membership has different restrictions, conditions and benefits.

iv. All new memberships are subject to the completion of a membership application form and subsequent approval of the gym management. Acceptance of an application for Membership to the facility is at our absolute discretion (although we will exercise our discretion reasonably and in compliance with applicable laws).

v. Monthly membership fee is payable in advance on the same day of every recurring month through the following methods:

• Credit card arrangements using our online recurring payment service
• Minimum cash payment of 3 months membership

vi. Failure to pay your membership within 15 days of the due date will result in your membership being expired and you being required to join at the new rate, pay a AED250 re-joining fee and forfeiting your previous rate.

vii. Failure to use the facilities does not eliminate the obligation to pay the monthly membership fee.

viii. If your credit card is found to be inactive you shall be contacted by accounts to make payment directly at the facility. A fee of 50dhs per “unsuccessful payment” will be charged to you for charges born to SMART Fitness from payment providers.

ix. Membership and administration fees are non refundable upon registration or termination of membership regardless of reason for the aforementioned.

Membership Suspension

Members may suspend their membership for 1, 2 or 3 months by continuing to pay 25% of the monthly rate of the contract during non-use of the facilities.

xi. Only one freeze per year may be allocated per membership with a maximum of 3 months.

xii. A member must give one months notice in writing to the SMART Fitness management or email to info@smartfitness.ae prior to their next payment cycle of which membership suspension is to start.

xiii. Membership suspension period may not be used as notice period with respect to membership cancellation and members may not use the facility during this period.

Membership Termination

xiv. Termination of a membership that has been suspended shall be subject to full monthly fee for the notice period.

xv. Members applying for termination from the facility must complete and submit a membership termination form 30days in advance of the termination date. Legal action will be taken to recover outstanding dues owed by the member.

xvi. The management may terminate the membership of any member without notice and with immediate effect if a members conduct is the subject of a complaint by another member and is considered inappropriate by the facility staff or management or if the member has breached any of these rules.

A member whose membership is terminated shall forfeit all the privileges of a membership with immediate effect without any claim of refund or compensation. He/she shall also settle any outstanding dues.

Any member who terminates their membership will forfeit any and all previous fees paid. A rejoining fee will apply to all previously cancelled memberships who wish to rejoin.

Membership Card

A Membership Card will be issued to each Member when they join SMART Fitness.There is a fee of AED 100 for replacement of lost, stolen or damaged cards.

Each Member must have his/her card swiped for security and verification on each visit to the facility before entering. Any Member attending the facility without a valid Membership Card may be asked for proof of identification.

A Member must not lend his Membership Card to anyone else as Membership is personal and covers only the Member’s use of the facilities.

Use of your membership card by anyone other than yourself will result in immediate termination of your membership.

Guest & Visitors

SMART Fitness members over the age of 18 may bring guests over the age of 18 to a single trial session by paying the guest fee as indicated in the price list current at the time of the guest’s visit. The guest must also complete an Indemnity & medical questioner form prior to being issued with a guest pass.

Members must accompany their guest at all times and the Member who brings the guest remains responsible for their guest’s conduct whilst they are in a facility. The Member may not leave that facility prior to their guest’s departure.

Members must ensure their guests pay the appropriate guest fee or surrender a valid guest pass (if applicable) before accompanying them into the facility.

Members must ensure that their guests comply with these Rules.

A person may be allowed to enter as a visitor to a facility by prior arrangement/appointment subject to SMART Fitness management absolute discretion or in conjunction with a promotion and as such must surrender evidence of such upon entry to the facility.

Persons who have applied for Memberships but have been rejected and former Members or staff may be ineligible to be a Member, or guest, of the facility. If in doubt, the Member should check with SMART Fitness management for advice.

General

You are respectfully requested to leave the facility punctually at time of closing. Opening and closing times are displayed in the facility reception and also on the website.

With the exception of bringing water to an exercise class, you must not consume any food or drink inside the facility that you have bought in from outside. You may not bring, use or be under the influence of illegal drugs or alcohol while on the premises.

Smoking is prohibited in all areas of the facilities.

We reserve the right to show potential Members and other individuals the facilities or allow them access on a trial basis.

Photographs or movie shots are prohibited in the facility (including by using a camera on a mobile phone or PDA) and we reserve the right to use any individual or group photographs or movie shots of you for press or promotional purposes.

You may not bring pets (other than guide dogs) into the facility.

You should conduct yourself in a quiet and well-mannered fashion when in the facility, so as not to impair the use and enjoyment of the facilities by any other person. In particular you may not use foul, loud or abusive language, nor will you molest or harass other members, guests, visitors or members of staff.

We may terminate your Membership (if applicable) and may eject you and refuse you re-entry to the facilities if you commit a serious or repeated breach of these Rules or your Membership contract (if applicable) or you engage in any other serious misconduct.

Members of SMART Fitness, their guests and visitors and members of staff should at all times display mutual respect for each other.

Complaints should be communicated privately to a member of the SMART Fitness management, or in writing through the suggestion/comments boxes or by email to the facility General Manager at info@smartfitness.ae.

Only one individual is permitted in a shower cubicle at any one time.

Gym & Studio Attendance

You must complete a Pre-Activity Questionnaire before participating in any gym activity, studio or exercise class for the first time.

You may not bring your own Personal Trainer into the Club or use the gym during ‘free hours’ unless specifically arranged with SMART Fitness Management.

Appropriate clean exercise clothing and shoes must be worn whilst exercising. Guidance as to suitable attire may be obtained from the SMART Fitness staff who may, at his/her discretion, require you to leave the premises, if your attire is not considered suitable.

You are asked to arrive at the facility five (5) minutes prior to any class. We reserve the right to: refuse to re-book an appointment for you if you repeatedly cancel (with less than 2 hours notice) or fail to keep an appointment for class bookings.

You may not attend the facility whilst under the influence of alcohol or anticoagulant, antihistamines, beta-blockers, narcotics, or tranquillisers. If you have high or low blood pressure, heart disease and/or diabetes you should consult your doctor prior to becoming a member of the facility.

Exercise Classes

Classes must be pre-booked to ensure your place is reserved in a given class. We reserve the right to limit your participation to no more than one exercise class per day during periods of excessively high demand or popularity.

Booking for classes can be no more than one day in advance by phone call.

Class timetables and instructors are subject to change from time to time without notice.

For your safety and so as not to disturb classes, you are requested to arrive in good time. Instructors reserve the right to refuse class entrance to anyone arriving more than five (5) minutes late.

Where, in the opinion of an instructor, a class is overcrowded, the instructor may restrict the number of attendees at that class. An instructor may, at any time, ask you to leave a class if you are jeopardising the safety or enjoyment of others.

No more than 15 persons are permitted in any given class. Places will be given to pre-booked members before any other members. Any pre-booked members arriving late for a class, will forfeit their space.

Lockers ( Where available)

Lockers are made available subject to availability. SMART Fitness does not undertake that use of a locker will guarantee that no theft of or damage to your property will occur. You should check that your household contents or other insurance policy protects you against any risk of theft.

Lockers may only be used for the purposes of keeping gym kit, toiletries and the clothing that you were wearing when you came to the facility. The keeping of any other items in the lockers is prohibited. If SMART Fitness has reasonable grounds to suspect that a locker is being used in breach of this Rule, SMART Fitness reserves the right to open the locker in question (by force if necessary) and remove any offending items.
Lockers are available for use only whilst you are using the facilities at that time. Lockers must be cleared by members after each visit; unclaimed properties will be kept at the reception for 30days after which the management reserves the right to dispose of the items. No claims shall be entertained at this time
Locker keys remain the property of SMART Fitness and locker keys must not be taken from the premises at any time. A replacement fee shall be charged for any loss of locker key.

Car Parking

We will not be held accountable for missed classes due to parking availability.

Health & Safety

i. Participation in the activities at the facility is at the members & guests own risk and as such are advised to consult a medical practitioner prior to commencing any physical exercise.

ii. SMART Training Centre JLT accepts no responsibility for loss or damage to a members’ or their guests’ properties or for death/injuries sustained while on the premises. Members and their guests agree that no claims will be made against the company, SMART Training Centre JLT, the management or staff for any reason whatsoever.

Children – General

Children aged 13-18 are permitted to be Members of SMART Fitness if accompanied by their Parent or legal guardian or any other person who has been registered with us as someone who may bring the Child Member into the facility and take responsibility for them.

Children under the age of 18 may not use the facility or participate in regularly scheduled classes.

Smart Fitness Website Terms & Conditions

SMART Fitness maintains the smartfitness.ae Website (“Site”). The following are the terms of use that govern use of the Site (“Terms of Use”). By using the Site you expressly agree to be bound by these Terms of Use and the smartfitness.ae privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. SMART Fitness reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, SMART Fitness may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. SMART Fitness may change, suspend, or discontinue any aspect of the Site at any time. SMART Fitness may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

Permitted Use

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, and 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 SMART Fitness to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by SMART Fitness to do so. The content and software on this Site is the property of SMART Fitness.

Representation 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 SMART Fitness 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.

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 SMART Fitness’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. SMART Fitness 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 & Search Results

The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. SMART Fitness has no control over these sites or the content within them. SMART Fitness does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. SMART Fitness 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 SMART Fitness 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 info@smartfitness.ae.

Copyright Policy

SMART Fitness 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.

Intellectual Property

Although SMART Fitness is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through SMART Fitness’s system. The On-line Materials are SMART Fitness’s intellectual property, and are protected by U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of SMART Fitness, except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of SMART Fitness. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in SMART Fitness. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with SMART Fitness.

You acknowledge and agree that SMART Fitness 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 SMART Fitness’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to COMPANY or perfect these rights, titles or interests in SMART Fitness’s name.

DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. SMART FITNESS 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. SMART FITNESS 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. SMART FITNESS 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 SMART FITNESS 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 SMART FITNESS WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

Violation of Terms of Use

You understand and agree that in SMART Fitness’s sole discretion, and without prior notice, SMART Fitness may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if SMART Fitness believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of SMART Fitness, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to SMART Fitness for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. SMART Fitness may release user information about you if required by law or subpoena.

OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. SMART Fitness will NOT deal with or provide any services to individuals or companies located in OFAC sanctioned.

Applicable Law

The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, 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.

Indemnity

You agree to indemnify and hold SMART Fitness, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

License Granted to You

By providing materials to SMART Fitness, 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 SMART Fitness 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. SMART Fitness 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 SMART Fitness for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to SMART Fitness. Any communication or materials you send to SMART Fitness will be treated as non- confidential and non-proprietary and may be disseminated or used by SMART Fitness for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Advertising

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. SMART Fitness is not responsible for the acts or omissions of any advertiser or sponsor.

Site Operation

SMART Fitness controls this Site from the U.A.E. SMART Fitness 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.

Purchases

Smartfitness.ae. The Website Policies and Terms & Conditions would be changed or updated occasionally to meet the requirements and standards. Customers will be notified about these changes as well as the Payment Gateway Provider /NBAD. SMART Fitness accepts payment by Visa or MasterCard debit and credit cards in AED for its 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. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of SMART Fitness. All refunds will be made onto the original mode of payment. The cardholder must retain a copy of transaction records and Merchant policies and rules.

Refund/Cancellation Policy

A member may cancel an agreement from the day you join the contract until 10 days after you receive a copy of the agreement. You do not need a reason to cancel. If you cancel the agreement, we have 15 days to refund your money. After the Minimum Term, you may terminate your membership by providing 30 days prior written notice. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, email, or personal delivery.

Delivery policy/Payment Confirmation

You will receive payment confirmation by email within minutes of processing payment.

Severability

If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.