2.MEMBERSHIP AND MEMBERSHIP PERIOD
6.MEMBER WARRANTIES, UNDERTAKINGS AND OBLIGATIONS
9.GOVERNING LAW AND JURISDICTION
11.JUNIOR MEMBERSHIPS RULES AND REGULATIONS
These General Terms and Conditions form part of the Agreement between MEMBER and FLYHIGH who irrevocably agree the terms of this Agreement as follows:
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 entitle this rights and obligations.
1.5 MEMBERSHIP FEE – means the fee payable by Member to FLYHIGH as stated in the commercial terms on page 1 of this Agreement.
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 governing the use of the Gym which Member is obligated to comply with in order to use the Gym and Services.
1.9 START DATE – means the date stated on the first page of the commercial terms being the date that the Agreement becomes effective, valid and binding on the Parties.
2.MEMBERSHIP AND MEMBERSHIP PERIOD
2.1 Subject to payment of Membership Fee, the Agreement entitles Member to access to the Gym facilities and Services so long as all dues are current. 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 a [electronic wristband], which shall remain the property of FLYHIGH, and 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 terminate at the end of Membership Period, unless either Party provides the other Party with written notice requesting renewal of Agreement in advance of expiry of this Agreement as follows:
Monthly option: No termination permitted
6 months option: 30 days notice period
12 months option: 90 days notice period
Junior term: 30 days notice period
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 freeze applicable
6 months option: 15 days freeze permitted
12 months option: 30 days freeze permitted
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 Club, its services or facilities during this period. Membership freeze on 1, 2 and 3 months subscription is not permitted.
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 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 during Membership Period and only if renewed in accordance with renewal terms, 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 discretion. Member is obligated to determine with FLYHIGH whether the Services are chargeable or complimentary prior to participation or accessing 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 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 statutory 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.WARRANTIES, UNDERTAKINGS AND OBLIGATIONS
6.1 Member unconditionally warrants and undertakes as follows:
Member understands the Gym is a mixed use facility.
Member is in good physical condition and Member has no medical or other reason why Member may not be capable of engaging in an active or passive exercise program and that such exercise would not be detrimental to Member’s health, safety, comfort or physical condition.
It is Member’s responsibility to update the Gym in writing with any information that might affect Member’s ability to engage safely in physical activity in the Gym or avail of the Services.
Member shall not use Gym facilities whilst suffering from any illness whether it is fevers, infections or contagious diseases, physical inflictions such as open cuts, abrasions, open sores or minor infections, where there is a risk that such use may adversely affect the health, safety or physical condition of other members. Member shall immediately inform the Gym if he/she is taking any medication prescribed by a medical practitioner.
Member shall use the Gym facilities without causing any damage, destruction or loss and shall not remove any property from the Gym. Member acknowledges and understands he/she will be solely liable for any such damage, loss or destruction to its full and actual cost.
Member may bring guests into the Gym subject to the following:
Members shall register their guests in advance of intended use of, and access to the Gym.
Member is fully liable and responsible for any guests they bring into the Gym.
Member shall ensure their guests comply with the Rules and these warranties as well.
Member and their guests shall exercise and use the facilities at their own risk and are advised to consult their physician prior to commencing any type of physical exercise.
Any personal coaching sessions with Coaches shall be availed during the period of their validity and shall not be extended nor shall any freeze be applicable in this regard. The relationship between Coaches and Member shall be strictly professional.
Member consents that for security reasons, all guests and Member are required to provide a photo identification such as Emirates ID or Passport / Visa copy when accessing the Gym which will be maintained on records.
If Member has consented to his/her photos being taken, such photos may be used on various media and in such case, such photos shall be the sole property of FLYHIGH and may not be used for any commercial purposes by Member.
Member shall use Gym and Services in accordance with this Agreement and the Rules and shall not use Gym or Services for any commercial or illegal purposes.
Member shall comply with applicable laws and Rules.
Member acknowledges and agrees that FLYHIGH is not liable to Member or any third party for the actions or omissions of the other members. FLYHIGH does not have any control over the conduct of other members or attendees at the Gym facilities and disclaims all liability in this regard.
Member fully understands and agrees that if it breaches any of its warranties or obligations under this Agreement, this would result in monetary loss and damage to FLYHIGH and in such case compensation would become due to FLYHIGH which shall become immediately payable upon notice of breach.
7.1 FLYHIGH reserves the right (but not the obligation) to maintain ongoing Member feedback and 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.
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.
9.GOVERNING LAW AND JURISDICTION
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.
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.
11.JUNIOR MEMBERSHIPS RULES AND REGULATIONS
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.
(1) As a member of Fly High Fitness, I consent to my child participating in all activities and events organized or attended by Fly High Fitness.
(2) I have received, read and understood the “Gymnasium Rules and Safety Guidelines” by Fly High Fitness. I will ensure that I explain the “Gymnasium Rules and Safety Guidelines” to my child and all persons accompanying my child to the gymnasium. I also ensure that my child and all persons accompanying my child will obey the “Gymnasium Rules and Safety Guidelines” whilst on the school site.
(3) I understand that Fly High Fitness reserves the right to deny access to its facilities if my child is deemed by the management of Fly High Fitness to have failed to comply with the “Gymnasium Rules and Safety Guidelines” and/or instructions given or if it considers that my child is unfit and/or an immediate risk to others.
(4) I waive, release, and discharge liability to Fly High Fitness, its employees, volunteers and representatives for personal injury or any accident caused as a result of my child’s negligence or as a result of my child disobeying instructions and/or the “Gymnasium Rules and Safety Guidelines” whilst participating in an activity/event.
(5) I certify that my child is physically fit and I know of no physical reason, illness or medical condition to which would preclude my child’s participation in Fly High Fitness classes or events.
(6) I fully understand the risks associated with my child participating in the activities of Fly High Fitness, including but not limited to accident, personal injury, injuries unknown and unanticipated, paralysis and death.
(7) I hereby declare that I now have and will continue to provide personal health and accident insurance for my child, covering injury treatment in the event an accident happens during an activity/event organized by Fly High Fitness.
(8) Should the need arise I hereby give my consent to Fly High Fitness, its employees, volunteers and representatives to provide medical treatment or seek medical help including transportation, which may be deemed advisable in the event of injury, accident, and/or illness during participation at an activity/event.
(9) I understand that no responsibility will be accepted by Fly High Fitness for any loss or damage to the property or valuables of my child.
(10) I understand that photography and video-photography is not allowed in the gymnasium during normal training sessions, except by Fly High Fitness members of the staff. I understand that if my child enters a competition it is likely there will be photography and/or video-photography taking place and that Fly High Fitness has the irrevocable and unrestricted right to use and publish this material for any purpose (including editorial and advertising).
(11) Force Majeure. A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement, and could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
(12) Make Up Regulations.
All students are eligible for a maximum of two make-up.
All Make-up classes must be requested in writing, with supporting documentation if required.
Once date is presented and confirmed, a no show or no response will classify it as being used.
No make-up classes to be given in the last two weeks of the term.
No make-up classes can be carried into the new term.
Make up classes are reserved for the following reasons:
-Medical/Sick Days – documentation evidence required.
-Covid-19 – documentation evidence required.
Make-up classes are not valid for the following reasons:
-taking a family holiday
-committing to other activities
-choosing to miss a class when the classes are still occurring. Eg: public holidays.
Make-up classes are only available pending availability and up to the discretion of management.