1.1 AGREEMENT – means this Membership Agreement between the Parties comprising the commercial terms and the General Terms and Conditions and any other addendums or amendments agreed between Parties.
1.2 COACH OR COACHES – means the coaches and trainers employed or engaged by FLYHIGH at the Gym to provide Services to Member.
1.3 GYM – means the gymnasium facility or facilities located in the United Arab Emirates known and referred to under the brand or trade name of “Fly High Fitness”.
1.4 MEMBER – means the individual end user registered on the commercial terms who will be provided with access to the Gym and Services pursuant to payment of Membership Fee. In case of Junior Members parent or legal guardian will abide by these rights and obligations and cause the child to abide by them too.
1.5 MEMBERSHIP FEE – means the fee payable by Member to FLYHIGH as stated in the commercial terms which may be in place from time to time.
1.6 MEMBERSHIP PERIOD – means the period of validity of this Agreement.
1.7 SERVICES – means the services offered by FLYHIGH at the Gym to Member that may be chargeable or complimentary including personal coaching or training sessions with Coaches.
1.8 RULES – means the applicable laws, rules and regulations as in force from time to time governing the use of the Gym which Member is obligated to comply with in order to use the Gym and avail the Services.
1.9 START DATE – means the date stated on any particular document setting out the commercial terms being the date that the Agreement becomes effective, valid, and binding on the Parties.[
1.10 FLYHIGH – means Fly High Fitness LLC, a company incorporated under the laws of the Emirate of Dubai and subject to the laws of the United Arab Emirates (as amended from time to time)
2.1 Subject to payment of Membership Fee, the Agreement entitles Member access to the Gym facilities and Services so long as all dues are current and there are no governmental orders in force precluding the general public from access to the Gym. Operating days and hours shall be placed on the entrance of the Gym.
2.2 Memberships are personal to Member and are non-assignable, non-transferable and non-refundable. Members may not transfer or share their membership to the Gym with any third party for any reason whatsoever.
2.3 All new memberships are subject to the approval of FLYHIGH. FLYHIGH reserves the right to reject an application for membership to the Gym for any reason whatsoever. Upon acceptance, Member will be issued with an electronic wristband, which shall remain the property of FLYHIGH, and must be returned upon expiry of Membership Period or termination of this Agreement.
2.4 Memberships are available to individuals who are a minimum of 16 years of age. Junior Memberships are available to individuals between 3 and 15 years of age.
2.5 Access to the Gym shall be controlled and permitted only with the electronic wristband provided by the Gym.
2.6 This Agreement shall commence and automatically continue with an indefinite membership Period, subject always to all dues being paid up in full, unless either Party provides the other Party with 30 day written notice requesting cancellation of Agreement in advance:
Monthly CCM option: 30-day notice at the completion of minimum 3-month commitment
12 months option: 30 days’ notice period
Junior term: At Fly High Discretion
Upon termination of this Agreement, access to the Gym and Services shall be immediately suspended.
2.7 Member shall not have the right to terminate the Agreement during Membership Period.
2.8 Members may ‘freeze’ their membership as follows:
Monthly option: No free freeze applicable
Monthly CCM option: 20% payment of monthly rate for ‘freeze’
12 months option: 30 days freeze permitted or 30 Day extension.
Junior term: no freeze option
No refunds or encashment of freeze periods are permitted. In order to freeze a membership, Member must inform the Gym at least forty eight (48) hours in advance of the intended freeze period. Membership cannot be frozen during the first month of membership. Member cannot use the facility its services or facilities during this period. Membership freeze on 1, 2 and 3 months subscription is not permitted. Members on CCM rollover contracts can freeze any time after the first month with a charge of 20% of monthly rate.
2.9 All membership requests must be sent via email to [email protected]
2.10 All membership end dates have been deleted and all memberships have no end date. 30 day written notice required to cancel monthly charged memberships.
3.1 Membership Fees are always payable in cleared funds, are non-refundable and any cancellations of memberships and refunds shall always be subject to the discretion of FLYHIGH.
3.2 Members or customers who make a payment for FLYHIGH products or services on its website www.flyhighfitness.org (the “Website”) are asked to submit their details provided directly to our payment provider (where applicable) via a secured connection.
3.3 The cardholder making payment through the Website, must retain a copy of transaction records and FLYGHIGH policies and rules as provided or available to the cardholder through the Website.
3.4 Online payments are accepted using Visa and Mastercard credit / debit card in United Arab Emirate Dirhams.
3.5 Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
3.6 Membership Fees shall not increase by more than 10% during the Membership Period. With the exception of the foregoing cap, the Membership Fees shall remain frozen. Any lapse in membership will require Member to rejoin at the prevailing rates.
3.7 Member shall be responsible to pay taxes on Membership Fees.
3.8 If any of FLYHIGH’s property that is provided to Member is lost or misplaced, a penalty shall be payable by Member.
3.9 Personal coaching or training sessions may be separately availed and are separately chargeable. FLYHIGH is neither liable nor responsible for any agreement, promises or discussions between the Coaches and Member; and Member waives all claims in this respect. If this Agreement ends, access to the Gym and Services will be suspended regardless of personal coaching sessions being paid for therefore Member agrees to ensure that it is Member’s responsibility to ensure that it utilises and pays for personal sessions during the validity of this Agreement.
4.1 Member shall access and use the Gym and Services at his/her own risk and responsibility for Membership Period.
4.2 Failure to use the Gym or Services will not result in any cancellations or refunds.
4.3 Services and Gym shall be accessed on an “as-is” basis.
4.4 Member or their guests may be immediately expelled without notice from the Gym and memberships suspended for gross or material breach of this Agreement, Rules or applicable law without any compensation, refunds or further notice. In such circumstances, Member waives all its claims against FLYHIGH.
5.1 FLYHIGH may offer Services to its Members at no cost or at a fee, based at its sole and absolute discretion. Member is obligated to determine with FLYHIGH whether the Services are chargeable or complimentary prior to participation or accessing of such Services.
5.2 Discounts, promotions, contests and offers may not be combined and used by a Member.
5.3 FLYHIGH does not accept liability for any consequences, howsoever arising, due to delay in Services. If any Services cannot be provided for reasons attributable to FLYHIGH, refunds may be considered in FLYHIGH’s sole and absolute discretion.
5.4 FLYHIGH shall be entitled at any time to make changes to the Rules which are necessary to comply with any applicable security or legal requirements and shall determine, at its absolute discretion, the manner in which the changes are applied.
5.5 In any event that a refund is granted by FLYHIGH, the refund will be processed using the original mode of payment.
6.1 Member unconditionally warrants and undertakes as follows:
7.1 FLYHIGH reserves the right (but not the obligation) to maintain ongoing Member feedback and a complaint system and will investigate all complaints of Member misconduct.
7.2 FLYHIGH does not represent, warrant or guarantee consistent access to the Gym or Services and any such access is subject to Members’ compliance with this Agreement, Rules and applicable laws and regulations.
7.3 FLYHIGH shall not be liable for indirect, special, incidental, exemplary, consequential or punitive damages including losses resulting from destruction or damage of any Member’s property at the Gym or injuries caused to them or their guests unless such is caused intentionally and directly by FLYHIGH and such is evidenced by physical evidence. The limit of monetary damages against FLYHIGH under any circumstances shall be the amount paid by Member to FLYHIGH in Membership Fees in the thirty (30) days preceding the date any claim against FLYHIGH arose.
7.4 FLYHIGH does not make any guarantees, representations or warranties, express or implied, including without limitation:
(a) any warranty of merchantability or fitness for a particular purpose with respect to the Gym equipment; or
(b) any guarantee of any type, through use of the Gym or Services.
7.5 FLYHIGH shall have no liability whatsoever under this Agreement towards either Member or their guests for their use of the Gym or other Services in any manner whatsoever. The use of the Gym and Services are at the sole risk and responsibility of Member and it is Member’s responsibility to ensure he/she and his/her guests have the right physical and mental condition to use the Gym and Services. Member waives any and all claims against FLYHIGH, its employees, representatives and owners and fully indemnifies FLYHIGH and its affiliates, subsidiaries, partners, shareholders, directors, managers, employees and advisors for any loss, damage, harm or injury caused to Member or his/her guests due to use of the Gym and Services.
7.6 fly high fitness reserves the right to remove any persons from the facility if they do not or age unable to follow any of the facility rules and regulations or are refusing or unable to act in a manner that is reasonably acceptable to other members and staff. Where a member has been warned of any refusal or inability to comply with these conditions then in such case fly high fitness reserves the right to revoke the membership or anyone failing to comply with these rules.
All intellectual property rights, brand of FLYHIGH, content, design (including future trademarks) vests in and is the exclusive property of FLYHIGH, its assigns and licensors. Member may not himself or herself and shall not allow or permit other parties whether or not on Member’s behalf, to breach this provision.
The Country of domicile for Fly High Fitness LLC is the United Arab Emirates. In this respect, this Agreement shall be governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. Any dispute arising hereunder shall be referred exclusively to a panel of three (3) arbitrators in the Arabic language under the rules of the Dubai International Arbitration Center in Dubai, United Arab Emirates.
10.1 This Agreement shall not be assigned or sub-contracted in any manner by Member.
10.2 If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. We reserve the right to amend these terms and condition from time to time without notice.
10.3 The failure of FLYHIGH to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FLYHIGH in writing.
10.4 FLYHIGH (www.flyhighfitness.org) will NOT deal or provide any services or products to any of entities or individuals sanctioned countries by OFAC (United States Office of Foreign Assets Control) or sanctioned in accordance with the applicable laws of the United Arab Emirates.
10.5 This Agreement together with the Rules comprises the entire agreement between Member and FLYHIGH and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the Parties.
10.6 Any refunds paid out by Fly High Fitness L.L.C will be paid to customer, minus any transaction or banking fees.
Gymnasium General Rules and Safety Guidelines
A ) All gymnasts must arrive 10 minutes prior to the beginning of their training session.
Gymnasts are not allowed to use equipment in the absence of a supervising coach or without
permission.
B ) Gymnasts must follow the trainer’s instructions at all times.
All images, photos, videos, and other visual content displayed on this website are the exclusive property of FLYHIGH.
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