ABOUT THE AGREEMENT
References to ‘you’, ‘your’ and ‘yours’ ‘Member/s’ are references to the individual completing the membership application form. References to ‘we’, ‘us’ and ‘our’ are references to the Yalla Fitness LLC. The “Agreement” means the membership agreement entered into between you and us, which incorporates the membership application form, these Terms and Conditions and the Club Rules. This membership agreement is applicable to every member who has purchased any type of membership such as Fitness Class Credit membership or Personal Training membership.
1. MEMBERSHIP DURATION
The “Membership Term” is the period of months specified on the membership application form commencing from the day mentioned on the membership form until the end day mentioned on the same form.
2. FEES AND PAYMENTS
a) Registration fee: Our Registration Fee is applicable for the first time users, in order to complete the registration process.
There will be 2 (two) types of registration fees: for the members who wish to purchase individual and/or set of classes and/or Personal Training; and for the members who wish to purchase membership of Yalla Fitness.
b) If you are a first time user of Yalla Fitness, you are required to obtain RFID card/wristband at the reception. The card is required to be carried always by you while gaining access to the Club. The lost/stolen cards/wristbands must be replaced with new ones at AED 50, a fee payable to Yalla Fitness. Yalla Fitness at its sole discretion may increase or decrease the Fee from time to time.
c) Your Obligations: You shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of your failure to use the facilities of Yalla Fitness (the “Club”). Payments are for the services and/or period, and at the rate as agreed to and set forth on your “My Account” page of the Club’s website, www.yallafitness.ae and on the application form.
d) Form of Payment. All payments (including monthly payments and/or per class payments and incidentals) are payable by electronic funds transfer from your credit card account or debit card account. You must authorize payments to be made through a third party administered electronic funds transfer system. You must maintain the full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have your prior authorization and when a you authorizes any additional transaction, including but not limited to single classes, class packages, personal training and retail transactions either on the Club’s website or in the Club, as well as (for Yalla Fitness members), charges associated with late cancellation (less than 6 hours prior of Fitness Class start) and/or no-shows. All the payments shall be made in advance upon signing the membership terms and conditions.
e) Returned Payment Penalty. You will be automatically charged for any bank fee imposed on Yalla Fitness, plus a processing fee for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, the Club retains the right to collect the current and past due balances in any subsequent month or occasion.
f) Cancellations. You may cancel your reservation of the Class or a Training Session on the Club’s website which is www.yallafitness.ae not later than 6 hours prior to the reserved Fitness Class or Personal Training in order to receive a full credit. Fitness Class and Personal Training not cancelled prior to the time will be charged to you. For monthly members, a penalty fee of AED 71 per reservation will apply, in the event Member does not cancel such reservation 6 hours prior to start.
a) Revocation of Membership: The Club (at its sole discretion) may revoke your membership and/or class/personal training credits, at any time and without refund, in the event that you engage in the behavior that is unsafe or objectionable to other members or staff, or for reasons of nuisance, disturbance to other members or staff, moral turpitude or fraud, or personal hygiene and attire. The Club also reserves the right to order you to leave the Club with immediate effect, if you pose a health or safety risk to you or others, or is disturbing or likely to disturb other members or staff.
b) Use Privileges. You must abide by the individual rules of membership. Additional fees may apply if you choose to use services outside of your membership privileges. Additionally, the Club (at its sole discretion) reserves the right to revoke or suspend your membership if you are a monthly member, and/or if you have purchased a class/personal training credits, class/personal training packs, and you allow other person to use the membership ID number to book and/or attend classes and/or Personal Training.
c) Freeze Policy. If you are a monthly member and if you are medically unable to use the Club, you may request the Club management to freeze the membership for up to 2 months. In such case, you must provide a doctor’s note at the time of such request.
The Club reserves the right to verify the note with the doctor. For non-medical freeze privileges, please send an email to email@example.com. The Club reserves the right to adjust the freeze policy from time to time. Freezing membership for any period of time does not relieve you from any minimum monthly membership commitment, as may be required for certain types of membership. The Club reserve the right to grant or reject any Freezing request at its sole discretion.
4. OBLIGATIONS OF MEMBERS
a) Medical Recommendations. You should consult with your physician or have a physical examination before using any of the Club’s facilities or enrolling in any of the Club’s classes and/or Personal Training, especially if you are an elderly, pregnant or has a history of heart disease, high blood pressure and/or other chronic illness, and/or is unaccustomed to physical exertion and/or has other physical limitations.
b) Orientation. You are strongly encouraged to request and take advantage of the free initial orientation (including all fitness account set ups) and ongoing support available to ensure the proper and safe use of all of the Club’s equipment.
c) Member Conduct. You shall not use any Club facility, service or equipment in such a way as to endanger the health or safety of your life or of other member. You shall be responsible for any property damage or personal injury caused by you or your guests. You agree not to violate any rules and regulations while you are in the Club.
d) Activity Risk. Any strenuous athletic or physical activity involves certain risks. Your guest and you are required to assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the Club facilities. The Club cannot guarantee that any facility or equipment is free of risk. You agree to use care in the use of Club facilities, equipment and services and to protect against accidents by other members.
e) Medical Disclaimer. You undertake to acknowledge that the Club makes no claims as to medical or fitness results that can or may be obtained through use of the Club’s facilities, equipment or services. The Club has neither suggested nor will suggest any medical treatment to you. Only licensed medical professionals are qualified to give such medical advice.
f) Member’s Health Warranty. You represent that: (i) there are no medical or physical conditions that would preclude your use of the Club’s facilities; (ii) you are not instructed by any physician not to use the Club; and (iii) You are in good health and has no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.
g) Member Release and Indemnity. By checking the box to signify agreement with the Terms and Conditions Agreement and/or by attending classes or otherwise participating in Club activities, you hereby acknowledge and agrees that there are inherent risks in exercise and in using the equipment associated with the Club’s classes or instruction. You assume full responsibility for your use of the Club’s facilities and shall indemnify Yalla Fitness L.L.C. and its shareholders, affiliates, agents and employees, and, with respect to classes at Yalla Fitness against any and all liability arising out of the use of the facilities. Additionally, you and your guests shall hold the Club harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of Club use and membership activities.
h) Prevailing Party. In the event you commence an action against the Club or its shareholders, affiliates, agents or employees and fails to obtain judgment or partial judgment inyoufavor, you will be liable to the Club for all costs and expenses associated with Club’s defense of the action or any claims on which you did not prevail, including attorney’s fees and costs.
i) Costs of Collection. You agree to pay all costs plus and collection fees in connection with Club’s (or Club’s designee’s) collection of any amounts owed by you.
j) Loss of Property. You are urged not to bring valuables into Club premises and to keep valuables with you at all times. The Club shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry.
5. GENERAL PROVISIONS
a) Members and Guests Rules. You and your guests shall abide by the Club’s rules and regulations and any amendments and/or modifications thereto.
b) Yalla Fitness etiquette: Multi-cultural nature of Yalla Fitness requests all members and guest abiding behavior in accordance to local laws. Taking photos and video recording of club premises, members of staff, and
c) Day Lockers. Lockers are provided solely for the benefit and convenience of the members. The Club will remove any articles left in a locker overnight.
d) Pets and Bicycles. Pets and bicycles are not permitted in the Club.
e) Dress Code. Proper athletic attire is required. The Club reserves the right to make the final determination in its sole discretion with regard to appropriate attire. You undertake to wear a respectable attire in accordance with the laws of UAE.
f) Independent Contractors. From time to time, the Club may make the services of independent contractors available to Member and his or her guests. The Club does not warrant or guarantee the quality of these services.
g) Guest Rules. Guests are permitted in the Club, but only pursuant to such rules, fees and schedules as then may be in effect.
All guests must register at the front desk, with valid identification, and sign the Club’s standard release agreement.
h) Special Events. The Club may from time to time reserve the use of its facilities for special events, competitions and private functions.
i) Change in Operating Hours/Temporary Closing of Club. As a result of repair, maintenance, special occasions, or reasons out of the Club control, the Club may be required to restrict the use or temporarily close its facilities or activities from time to time. There will be no reduction or suspension of membership fees during such time when the above-mentioned occurs. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Club’s discretion.
j) Children’s Use. All children under 18 years of age must be accompanied by a parent at all times within the Club unless they are in a supervised activity.
k) You shall use the Parking Space allocated to you by the Club only for the duration of the class that you shall be attending.
You are permitted to use the Parking Space 15 mins prior to the session and 10 mins after the training session.
a. Non-Discrimination. The Club will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, membership in the Club.
b. Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
c. Enforcement. If any provision of your contract is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
d. Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of UAE, without regard to its conflict of law principles. In the event of any question, disputes or difference arising between the parties relating to the interpretation and application of this Agreement, such disputes or differences shall be resolved amicably by mutual consultations and on failure to do so shall be referred to Dubai Courts. Dubai Courts shall have exclusive jurisdiction to adjudicate the dispute. The decision of Dubai Courts shall be final and binding on the parties.
e. Entire Agreement. This contract and all rules and regulations of Yalla Fitness, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to this membership. This agreement may be modified only by an instrument in writing and only by Yalla Fitness.