MEMBERSHIP TERMS & CONDITIONS
The Membership Terms and Conditions mentioned herein shall form an integral part of the Membership Application & Agreement Form (MAAF) duly signed by the Member and shall be binding upon the Member during the validity of his/ her Membership. with GAELAN FITNESS SINGLE OWNER LLC.
- DEFINITIONS
“Company” shall mean Gaelan Fitness Single Owner LLC registered with Dubai Economy and Tourism Department under Commercial License /1238069/ having its address at Unit number S3, Jumeirah the Second, Bur Dubai, UAE.
“Club” shall mean the fitness gym operated by the Company and shall include all branches of the Club operated by the Company.
“Club Staff” shall mean and include the Company and its Club’s directors, fitness professionals, employees and consultants.
“Home Club” shall mean the specific branch and location of the Club where the Member has registered to join for a specific Membership.
“Club’s Rules” shall mean the rules and regulations issued by the Club and Home Club and shall be amended by the Company and/or the Club from time to time at their sole discretion.
“Club’s Operation Manager” shall mean the manager of the Home Club.
“Member” shall mean an individual who purchased a Membership and has been issued an RFID wristband with a unique Membership ID Number by the Company for accessing and using the gym facilities provided at the Club.
“Membership” shall mean the Club membership that falls under one of four membership durations offered by the Company and purchased by a Member. (1 Month, 3 Months, 6 Months or 12 Months)
- PERSONAL DETAILS
All information provided at the time of registration must be true and correct, the Member shall be solely responsible and liable if said information is found incorrect. The Company reserves its right to terminate a Membership without notice or refund of any Membership Dues if the information provided is found to be incorrect at any point of time. A Member also agrees to provide additional information as and when demanded by the Company. To apply for Membership, photo identification (Emirates ID or passport), are required, in addition to a valid phone number and e-mail address for the Member and a person to be contacted in the case of any emergency.
- MEMBERSHIP ENTITLEMENT
- The Company is not obliged to accept the registration of every applicant and shall have the right to reject and/or refund the money paid at the time of applying for Membership. Subject to the Company’s approval, Membership entitlement begins immediately from start date of Membership as outlined or detailed in the MAAF and the acceptance of the Club Rules by the Member, as specified from time to time by the Company. A Member is entitled to access and use the facilities and services of the Club which he/ she is entitled to access as per his/ her Membership only during the specified operating hours of the specific Club.
- Member is requested to access and leave the Club premises punctually at the time of entering and exiting. The Club’s normal hours of operation are indicated at the Club reception, website, and social media accounts. The Management reserves the right to adjust the hours for the purposes of cleaning, decorating, repairs, and special private functions and holidays. The Management shall endeavour to give reasonable notice of any change in the hours of operation. The Member agrees that the Company shall not be liable for any change in the operation hours.
- Membership is available to an individual who is 18 years of age and above subject to the applicant furnishing a valid document confirming age; acceptance of such document shall be at the sole discretion of the Company. All applicants under the age of 18 years must obtain consent from their Parent/Guardian (Legal Representative); those under the age of 16 years may only access the gym with a qualified and approved Company Personal Trainer. Other activities may only be attended if expressly offered for patrons under the age of 18.
- The Club will start all memberships on the date of purchase. A Member may postpone the start date at the discretion of the Operations Manager; such requests must be made in writing.
- MEMBERSHIP RFID WRISTBAND AND APP USAGE
- On successful application, including acceptance of the Membership Terms & Conditions and Club Rules along with the payment of the requisite Membership dues, the Club shall issue the Member an RFID wristband. The RFID wristband shall always remain the property of the Company and is non-transferable.
- If any person other than the Member is found in possession of the RFID wristband and using the same in order to access the Club, then the Membership of the Member to whom the RFID wristband was issued shall be immediately terminated without any notice and liability on the Company, and/or refund of any Membership dues to the Member; the Membership subscription payable for the balance minimum term by the Member shall stand payable and recoverable by the Company. The trespasser in possession of the RFID wristband shall be asked to leave the Club premises after returning it to the Company and a payment of a fee equal to the one (1) day guest pass. If the trespasser does not pay such fees, the Member concerned shall be liable for the same.
- In the event a Member has lost his/ her RFID wristband, then the Company will issue a replacement on receipt of payment.[1]
- When a Member signs up for Member services using the Club’s app, he/ she will be asked to choose a password. The Member is entirely responsible for maintaining the confidentiality of his/ her password. The Member agrees not to use the account, username, or password of another Member at any time or to disclose their password to any third party. Member agrees to notify the Company immediately if he/ she suspects any unauthorised use of his/ her account or access to his/ her password. A Member is solely responsible for all use of their account.
- MEMBERSHIP DUES, PAYMENT OPTIONS AND RENEWAL
- The Membership dues are non-refundable and subject to change without notice. The Member shall be required to pay for one-month (1), three-month (3), six-month (6) and twelve-month (12) upfront Memberships in full, before access and associated benefits to the Club are granted.
- On expiry, the Membership will automatically be cancelled, and the Member must renew his/ her Membership within 30 days to be current and new Club prices will be applicable thereafter. All dues must be settled in full to continue accessing the Club.
- Value Added Tax (VAT) and other charges levied by the government are included in all prices for memberships, products and services displayed by the Company/Club.
- TERMINATION OF MEMBERSHIP
- A Member whose Membership is terminated by the Management shall forfeit all the privileges of Membership with immediate effect without claim of any refund of Membership dues. On termination, the Member will be required to return his/ her RFID band and shall settle any outstanding debts. Termination may take place without notice and with immediate effect if:
- Membership fees are unpaid for 30 days.
- In the event fees for services such as Personal Training etc. remain unpaid after the due date. Legal action will be taken to recover any outstanding dues from the Member. You may not join any of the Company’s Clubs until the outstanding amount is paid.
- A Members’ conduct, whether such conduct is the subject of complaint by another Member or Members, is such that in the reasonable opinion of the Management, it is harmful to the character and/or interests of the Club.
- A Member is rude, aggressive or in any way disrespectful to another Member or to any of the Company’s employees, this includes foul and bad language.
- The Company is of an opinion that the Member shall have committed any breach of the Club Rules & Regulations that the Club has in place.
- A Member is soliciting and selling private services such as Personal Training or merchandise of any type to any Member or guest as this is strictly prohibited.
- Upon notice in writing, the Company is of the opinion that the Member is not a suitable individual for continued Membership of the Club.
- A Member is found to have violated the privacy of any other Member within the shower and/ or changing rooms or is caught in lewd or compromising actions, this includes ignoring or disrespecting the Clubs’ ‘No Nudity’ policy in the changing room area.
- A Member is found to be smoking (including vape devices and e-cigarettes), drinking alcohol or under the influence of mind-altering substances.
- An attempt is made to bring pets or other animals inside the premises.
- UPGRADE OF MEMBERSHIP
- A Member can upgrade the status of his/ her Membership anytime during the Membership term, he/ she shall be contractually bound by his/ her Membership period. This includes upgrading to a longer membership duration once the difference in dues is paid.
- Memberships purchased during the pre-sale of any new Club shall have a 30-day grace period from the opening date for upgrades to their accounts.
- Downgrades are not permissible during the duration of your Membership.
- TRANSFER OF MEMBERSHIP
A Member can request and apply for the transfer of their Membership to another person if he/ she qualifies to be a Member under the Club’s Rules, as specified from time to time, and agrees to accept the Membership Terms & Conditions. The transferring Member is required to pay a Transfer Fee3 to the Club. In this case the balance term of the transferred Membership will get transferred to the new Member who will need to sign a fresh MAAF and pay the applicable fees. The request for the transfer must be made by the Member in writing to the Home Club and the permission for the transfer shall be provided at the sole discretion of the Operations Manager.
- FREEZING OF MEMBERSHIP
- To “freeze” a Membership, a Member shall contact Club management via the Club’s app or via email.
- Freezing one-month memberships is not permissible.
- Twenty-Four (24) hours’ notice via Club’s app or email is required to freeze any eligible Membership and no backdating is allowed unless in case of proved emergency.
- Freezing is not permitted within the first two months of any Membership.
- All Members must pay the freeze fee[1] (if applicable), at the time of request directly via Club’s app or through a payment link to be sent to the Member if required. The fee is applicable per freeze regardless of duration.
- The Membership end date will be adjusted according to the number of weeks equivalent to the frozen period.
- Maximum freeze period is 15 days for a three-month (3) membership, 30 days for a six-month (6) membership and 60 days for a twelve-month (12) Up to one (1) freeze per three-month (3), two (2) freezes per six-month (6) and three (3) freezes per twelve-month (12) membership are allowed.
- Member cannot use the Club while his/ her Membership is frozen.
- Eligibility for complimentary Membership freeze includes illness, injury and pregnancy if accompanied by a letter or certificate from a medical professional stating exercise is prohibited for a specified period.
- GUESTS AND VISITORS
- A non-member accompanying a Member as a guest or visitor may use a maximum of two (2) complimentary guest passes per month; regular “guests” will be subject to day pass fees.
- Members introducing guests shall ensure they complete the visitor register and present a complimentary guest pass or pay the guest fee to obtain their guest pass.
- For security reasons, all guests and visitors are required to provide a photo ID such as Emirates ID or Passport copy when visiting a Club. A copy and/or ID number will be retained on record.
- For health and safety purposes, all guests and visitors are required to complete a Physical Activity Readiness Questionnaire (PARQ).
- A guest pass that has been issued on a ‘complimentary’ basis must be used in line with the stated Terms and Conditions.
- Guests will have the same Membership privileges as the Member who introduced them and will be subject to the same Club Rules and limitations of liability as the Member. It is the responsibility of the Member introducing a guest to ensure that their guest complies with the Club Rules.
- The Club Management reserves the right to exclude any guest from the Club without giving any reason for doing so and change the charges levied for guest passes from time to time.
- REFUND AND EXCHANGE POLICY
- The Company shall not be held responsible for changes in the Government laws or regulations, as such the Company is not liable for refunds if the Club’s facilities, services, and operating hours are affected because of the same.
- A Member shall not receive any refunds partial or otherwise if they have signed up for Membership during a Club pre-sales period and the Club’s opening has been delayed. As such, the Membership will begin from the day the Club is officially opened.
- A Member who makes an upfront payment for any Membership or service is not entitled to any pro-rata refund of any amounts paid by them towards said unused Membership term or service, except where the cause for such termination is not attributable to him/ her.
- The policy for returns or refunds on retail purchases is 14 days, where an item can be returned for a full refund or exchanged if the Member/guest/visitor has a proof of purchase (receipt), and the item has not been used or tampered with. If a receipt is not presented, only Company Club’s credit will be offered and must be used within the specified 14 days.
- The Member/guest/visitor shall not be entitled to refund or exchange retail items in the following cases:
- On food and drink or other perishable items unless it can be demonstrated it is not fit for purpose.
- The Item was available elsewhere at a lower price.
- The item was free from any defects. In the event of a defect, the consumer is entitled to the item(s) being repaired or replaced, considering the nature of the product during the warranty period.
- In the exceptional circumstance a refund is granted by Management, it will be credited in the same format as the original payment and can take up to 15 working days to process.
- HEALTH AND SAFETY
- The Member warrants he/ she is in good physical condition and knows of no medical or other reason why he/ she is not capable of engaging in an active or passive exercise programme; such exercise would not be detrimental to his/ her health, safety, comfort, or physical condition. A Physical Activity Readiness Questionnaire (PARQ) should be completed upon registration; an updated PARQ is required at least once per calendar year.
- The Member shall not use any Club 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.
- All Members are required to complete the mandatory induction, before commencing their exercise programme with one of the Club’s coaches, thereafter any further training sessions can be conducted; Members unsure about any equipment should consult a member of staff.
- coaches are authorised to stop anyone from exercising if in their opinion the Member/guest is exercising in a manner that may result in injury to themselves or others. Members must abide by the guidance of the coaches.
- Members should be considerate of others by using their workout towel when using any of the exercise stations and wipe down equipment.
- Members are requested to return all portable equipment to designated areas for safety purposes; it is not permitted to remove said items from any Club.
- Members should utilise mobile phones and other devices for communication and/or entertainment purposes using ear/headphones to ensure other patrons are not disturbed or distracted.
- For health and hygiene, Club Members are requested to shower before entering the sauna.
- Members or guests may not use the facilities of the Club whilst under the influence of alcohol, narcotics, or other mood-altering substances. The Company/ Club operates a strict no smoking policy, this includes the use of vape devices and e-cigarettes.
- For safety and hygiene purposes, eating is not allowed in undesignated areas.
- It is the Member’s responsibility to update the Club in writing with any information that might affect their ability to engage safely in physical activity in the Club.
- Members and their guests exercise and use the facilities at their own risk.
- DRESS CODE
- All Members and guests are required to wear proper gym attire when exercising; no denim or clothing with studs or other embellishments that may damage equipment or become a safety hazard are permitted.
- Closed toe, non-marking, rubber soled sports shoes are recommended; training in socks or barefoot is done at your own risk.
- Members should remain modestly dressed when using the sauna and changing areas. Nudity is not permitted; Members are requested to use the private changing cubicles provided.
- LOCKER USAGE
- Temporary lockers will be provided by the Club and must be cleared daily.
- Your RFID band must be used to secure your locker; failure to do so risks theft and/ or accidental locking. If such an incident occurs, Club’s staff and management are unable to open lockers manually as the safety and privacy of all members and guests remains a priority.
- Lockers automatically open 15 minutes after the Club closes, all unclaimed items will be logged and stored as lost and found.
- Unclaimed properties will be kept by the Club as per Lost and Found policy as outlined in Clause 15 herein below, after which the Management reserves the right to dispose of the items in any way it sees fit. The Management does not take any responsibility for the items kept in the lockers.
- A Member shall not keep any money or valuables in his/ her locker. The Company/ Club shall not be held responsible for any loss or damages.
- LOST AND FOUND
- Any items claimed to be forgotten or lost by the Member during their visit to any Club shall not be the responsibility of the Company. If any items lost are found by the Club, the same shall be retained as follows:
- Valuables (including electronics) 6 months.
- Non valuables 3 months.
- Perishables and heavily soiled items Discard immediately.
- If items are not claimed within these timeframes, the /Club/ Company retains the right to discard as they see fit. The Company bears no responsibility or liability for the safekeeping and/or custody of any lost items.
- CONDUCT AND USE OF CLUB FACILITIES
- The use of mobile phones with camera features and/or any other types of visual recorders and subsequent posting on social media must be used with caution. Images and videos taken must not include other patrons; such instances are considered as a privacy violation and a complaint can be filed against you under the cyber laws act in the UAE for breach of privacy.
- Members and guests are not allowed to bring their own food and/or drinks into the Club.
- SERVICES
The Company may offer additional services at some Clubs inclusive of but not limited to Personal Training, and other special programmes and services. These services will incur additional charges and/ or fees and have separate terms & conditions. A Member must enter into an agreement for any such additional services provided by the Club, prior to using these services.
Personal Training:
- Can only be conducted by Company’s/Club’s employed coaches.
- Can only be purchased by Company’s/Club’s active members.
- All conducted sessions must be signed as complete on the day.
- Single sessions, packages of 3, 12 and 24 sessions are valid for 7, 14, 45 and 60 days respectively.
- All sessions must be completed before or on the Membership expiry date, any extension must be authorised by the Club’s Operations Manager after ensuring all relevant paperwork to support the extension has been received e.g., medical certificate.
- The Club reserves the right to provide a replacement personal trainer in the event the current trainer is not available.
- Sessions must be cancelled at least 24 hours in advance of the scheduled appointment time. Failure to do so or attend a scheduled personal training session without notice will result in the session being fully charged.
- All personal training sessions purchased are non-refundable.
- A Member can request and apply for the transfer of their Personal Training package to another person if he/ she qualifies to be a Member under the Club’s Rules, and agrees on the Membership and/ or Personal Training Terms & Conditions. The transferring Member is required to pay a Transfer Fee – Personal Training [2] to the Club. In this case the balance sessions of the transferred package will get transferred to the new Member provided he/she signs a fresh Personal Training Terms & Conditions and pay the applicable transfer fees. The request for the transfer must be made by the Member in writing to the Home Club and the permission for the transfer shall be provided at the sole discretion of the Operations Manager.
Group Exercise Classes:
- Advanced booking is required via the Club’s app.
- Bookings are open 72 hours prior to class start time.
- Arrival 15 minutes before the start of class is required for first-time attendees of all programmes for health and safety purposes.
- Members and guests are not allowed to enter the studio once the class has started. The Club has a strict no late entry policy. Member shall arrive ahead of time to allow time to check in and prepare for the class; Members failing to arrive on time will be denied entry and the class will be marked as a no show.
- Penalties apply for no show and late cancellation; no show indicates not arriving or late arrival to a booked class and late cancellation indicates cancelling a class less than four (4) hours before the start time:
- No show and late cancellation for the second time within the same month, a 24-hour booking and attendance ban will be levied.
- No show and late cancellation for the third time within the same month will result in a 72-hour booking and attendance ban.
- During the ban period you will lose your booking(s) to any class(es) previously booked.
- The cycle is one month, penalties will reset to zero (0) on the first (1st) of each month.
- Members are asked to refrain from using mobile phones in classes; photography and videography in classes is discouraged.
- Members are asked to use appropriate closed toe, non-marking, rubber soled sports shoes when participating in all classes, except for those held in Studio Soul.
- Specialised classes will be offered at an extra fee and will be advertised accordingly.
- Members must not use the studios unless permission has been granted from the Operations Manager.
- PROMOTIONS AND OFFERS
- Member might be entitled to one promotional gift voucher or entry per person.
- Offers cannot be combined.
- Member must present the voucher to be eligible for promotion redemption.
- Lost vouchers will not be replaced, only original vouchers are valid.
- Member must follow the redemption rules as stated on the voucher.
- Not redeemable for cash and not exchangeable.
- Membership must be valid/ active and clear of arrears at the time of voucher usage.
- Voucher redemption remains subject to Management discretion.
- INTELLECTUAL PROPERTY AND TRADEMARK
- All brandings, designs, logos, and Club interiors follow the Company’s brand manual. Members and/or guests are not allowed to photograph or copy any Club’s interior designs, promotional materials, tag lines, themes, or concepts. The Company reserves the right to proceed with legal action to any Member caught distributing, sharing, or supplying such content to any third-party vendor or competitor.
- The content on the Company’s/Club’s website and app, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content“) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
- The Company website may contain links to third-party sites that are not owned or controlled by the Company.
- MOBILE SERVICES
The Company and Club services may include certain services that may be available via mobile phone, including but not limited to:
- Booking and/or purchasing Memberships and products via your mobile phone.
- Receiving and replying to Company/ Club messages.
- Browsing Company’s and Club’s website and app from mobile phone.
- Accessing certain Club features through a mobile app that the Member has downloaded and installed on his/ her mobile phone.
(“Mobile Services”)
The Company and the Club do not charge for these Mobile Services. However, the Member carrier’s normal messaging, data and other rates and fees will still apply. The Member shall check with their carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. Therefore, Members shall check with their carrier to find out if the services are available for their mobile device(s), and what restrictions, if any, apply. By using the mobile services, the Member agrees that the Company may communicate with him/ her regarding the Company/Club and other entities by SMS, MMS, text message or other electronic means to your mobile device; certain information about your usage of services may be communicated to us.
- COMPLAINT/GRIEVANCE OR FEEDBACK
- The Company shall always endeavour to provide the required facilities and services at its Clubs, however, in case of any complaint/grievance or feedback received in writing at front desk of the Home Club or via email with respect to the facilities and services provided to a Member, the Club Management shall endeavour to contact Members and guests within seven (7) working days and address the complaint/grievance or feedback.
- Defamatory remarks made on social media or by any other electronic means (including WhatsApp, websites, SMS, and email) regarding the Company, Club and/ or Club Staff may be an offence under Federal Law No. 5 of 2012 (the “Cyber Crime Law”). Such acts will be taken seriously by Gaelan Fitness within the fullest extent of the law.
- CHANGE OF RULES AND FACILITIES & SERVICES
- The Company may, at its sole discretion, add, remove, or amend the Club Rules, including but not limited to the operating hours and the services and facilities provided by the Club due to regulatory, administrative and/or commercial compulsion or for any other reason considered necessary by the Company.
- Any such additions, deletions or changes from time-to-time will be notified to all Members through a medium as the Company feels appropriate by a notice of five (5) days, except for emergencies. However, in case of not notifying, the Company shall bear no responsibility in this regard.
- The Company reserves the right to suspend the operation of any Club for the purpose of repair and maintenance of the Club(s) without any Membership rebate for a period which shall not exceed one (1) day and if at any time such period exceeds beyond three (3) days, the Club may, by written notice, grant the Member with a complimentary time freeze for the said period.
- By agreeing to this Terms and Conditions document, the Member agrees to release the Company from all liability if any or all services are reduced, modified, suspended, or eliminated due to external factors. Should a Member choose to cancel his/ her Membership due to the modification, suspension, or termination of said services, the standard cancellation policy shall apply. The Member also agrees not to seek compensation for the elimination, reduction, or suspension of any services, either monetary or in services rendered in lieu of.
- VERBAL AGREEMENT AND WAIVER
These Terms and Conditions can only be varied in writing signed by an authorised representative of the Company, and they override any verbal or by-conduct agreements. The Company shall not honour or entertain any verbal or by-conduct agreements that are claimed by the Member to have been made by any Club Staff or Club Management that are contrary to the Club Rules, as specified from time to time.
- LIMITATION OF LIABILITY
In consideration of being allowed to access the Club and participate in the fitness activities provided at the Club or at any location outside the Club, the Member hereby undertakes and declares that the Company and Club Staff are fully absolved of any or all liability. This includes from any injury or damage caused (whether fatal or otherwise) to him/ her or any loss, damage or theft of any property belonging to, or brought into the Club premises by a Member or any guest occurring within the Club howsoever caused and that the Company/ Club’s contractual and legal rights and remedies, are independent and cumulative.
Any Club surrounding areas or facilities that are not under the direct management of the Company, do not fall under the Company’s responsibility and the Company accepts no liability for any injury or loss incurred through use of these facilities.
- RELEASE AND INDEMNITY
The Company, its associated companies and affiliates, employees 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 Member’s personal property arising out of or in connection with the use by a Member of any of the services, facilities on the premises of Company and the Club. The Member hereby holds the Company, its associated companies and affiliates, employees, and agents harmless from all claims which may be brought against them by or on a Member’s behalf for any such injuries or claims aforesaid.
- LAWS AND JURISDICTION
These Club’s Terms and Conditions shall be governed by and construed in accordance with the Laws of Dubai and the UAE. Any dispute arises from these Terms and Conditions shall be amicably solved otherwise the dispute shall be referred to the exclusive jurisdiction of Dubai courts.
- CONTACT US
If you have any questions about these Terms and Conditions, the practices of Gaelan Fitness or its services, please contact us at: Gaelan Fitness, Grandiose Supermarket Jumeirah 2, Dubai, UAE, call 04 398 2923 or via the App.
These Terms and Conditions have been updated and effective as of November 1st, 2023.