TERMS & CONDITIONS
These Terms & Conditions are administered on behalf of BODY TIME EMS FITNESS / trading as BODY TIME. References to ‘we’, ‘us’ and ‘our’ are references to the BODY TIME EMS FITNESS / trading as BODY TIME, registered in the UAE, and whose registered office is at, Dubai, UAE. BODY TIME EMS FITNESS maintains the website (www.bodytime.ae).
References to ‘you’, ‘your’ and ‘yours’, and after acceptance, the member, are references to the individual completing the membership application form.
You must be aged 18 or over to be a member of the gym and to register your membership via our website. If you are under the age of 18 you are not eligible to be a member or to register via our website.
- This agreement commences once you have indicated your acceptance of our Terms and Conditions in the declaration section of the web sign up process and clicked the JOIN NOW button.
- All new memberships are subject to the approval of the management. The management reserves the right to reject an application for membership to the Gym for any reason whatsoever, in their absolute discretion.
- Your membership starts immediately (or when the Gym opens in the case of a pre-sale membership).
- This agreement will become binding on you and us and you will be entitled to all the rights and privileges exercisable for the type of Membership chosen.
- You cannot transfer this agreement to anyone else.
- The Laws of the United Arab Emirates shall govern the Terms & Conditions, 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.
- We will not trade with or provide any services to OFAC and sanctioned countries.
- United Arab Emirates is our Country of Domicile. BODY TIME controls this site from the U.A.E. BODY TIME 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.
PHYSICAL HEALTH OF MEMBER
- In accepting these Terms & Conditions the member warrants and also represents that he/she is in good health and is not knowingly incapable of engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition.
- The member shall not use any BODY TIME 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.
- Before using a BODY TIME facility, the member or visitor must read and confirm agreement of our Member Health Declaration Form.
- If a member is taking medication and is aware of a condition that may affect them taking part in exercise a doctor’s letter would be needed.
FEES AND CHARGES
- All published membership or other fees and other charges are inclusive of any taxes (e.g. VAT). The BODY TIME EMS FITNESS TRN number is 100590902100003 and this applies to all charges from BODY TIME EMS FITNESS applied under these Terms and Conditions. Your VAT invoice for any monthly memberships or other fees or charges is available for you to collect from the gym reception.
- The “Monthly Recurring Payment” or “Recurring Payment” means the BODY TIME monthly membership fee corresponding to the purchased membership option (e.g. Fixed Term or Flexible), and determined by the membership type and membership term at the point of joining.
- The monthly membership fee or Monthly Recurring Payment is due each month in full, upfront, in advance and with the exception of cancellations under the terms detailed below, no partial refund of the monthly membership fee will be made unless you are cancelling under cooling-off regulations detailed below.
- A “Joining Fee” will be charged upon becoming a member. The Joining Fee is a one-off payment at the point of becoming a member and is applied to cover the initial administration costs associated with setting up a new membership and recurring payment agreement and entitles you to a free gym induction session.
- During certain special offer periods (e.g. pre-opening) the BODY TIME management may in its sole discretion choose to remove or reduce the Joining Fee.
- The Joining Fee (if one is payable/applicable at the time of you joining) and first Monthly Recurring Payment are collected from you by us either by Debit or Credit card at time of purchase at the same time as you become a member.
- Your second Monthly Recurring Payment will be collected one month after you joined, unless you joined prior to your gym opening in which case it will be collected one month after the gym has opened. Subsequent Monthly Recurring Payments for monthly membership fees will be collected monthly thereafter.
- If any Monthly Recurring Payment is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of AED 200. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership. If you are ever over 30 days in arrears on a missed monthly payment and you are on a Fixed Term membership then we reserve the right to bill you immediately after the 30 day grace period for the remaining contract value without any prior notification.
- You are obligated to make the minimum number of Monthly Recurring Payments stated in your choice of membership. You are obligated to make every Recurring Payment regardless of non-attendance, except where the cancellation terms below are met.
- The date of your Monthly recurring Payment is likely to be the same date on each month as the first Monthly Recurring Payment. You are unable to amend the date of your Recurring Payment but we reserve the right to amend the date of your Monthly Recurring Payment at our sole discretion.
- Once you have completed the minimum number of Monthly Recurring Payments as stated in your membership choice we will automatically continue collecting Monthly Recurring Payments every month. Your membership will be extended by one month for each payment (“Renewal Period”).
- If you have fulfilled your commitment to the membership you have joined, you may prevent the Automatic Renewal Period at any time by visiting the BODY TIME website and submitting an online cancellation form (you should give us not less than 30 days’ notice).
- You agree to advise us immediately of any change to the Members Details provided.
- You agree to retain a copy of all transaction records and you are responsible for maintaining the confidentiality of his account.
- All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
- BODY TIME will not pass any debit/credit card details to third parties
- BODY TIME takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, (BODY TIME) cannot guarantee the security of any information that is disclosed online
- BODY TIME is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.
- The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers’ are encouraged to frequently visit these sections to be updated about the changes on the website. Modifications will be effective on the day they are posted.
- From time to time we may need to increase the price of your membership. We will give you at least 1 full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules.
- If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third-party company for collection or take legal/police action against you. The reasonable and direct costs incurred in employing the third party company will be borne by you including costs in tracing you if you have changed your address or contact without telling us.
- Should any member forewarn that their membership payment method is to be cancelled and not adequately replaced prior to a contracts completion, all remaining charges will be liable and charged immediately.
- Payment confirmation via email to the email address you provide at the point of registration will be issued within 24 hours of successful processing of your payment.
- You, as the cardholder must retain a copy of transaction records and Merchant policies and rules.
- You are responsible for maintaining the confidentiality of your membership account and payment details.
CANCELLATION AND REFUNDS
- If you joined online and not in the Gym premises you have either 14 full days after joining if you do not attend the gym (or 14 full days from when the gym opens if you joined during a pre-opening sales phase) or 24 hours post your first visit to cancel this agreement for any reason.
- If you exercise this right to cancel we will reimburse you all membership fee payments received from you. If you have used the GYM before requesting to cancel then we will reduce your membership fee refund by a pro rata amount equal to the number of days from joining to the date cancellation was requested.
- If you joined as a member inside our Gym you have no legal entitlement to a cooling-off period.
- The Joining Fee is not refundable under any circumstances.
- Following the above mentioned 14 day period, the initial membership payment and each subsequent Monthly Recurring Payment made is not refundable under any circumstances but you may cancel your membership subject to the following cancellation polices.
- We will manage and process the cancellation of your membership upon receipt of a properly submitted cancellation request. Should your Recurring Payment be cancelled without submission of a cancellation request form at any time you may incur fees as a result of any missed payments. If you wish to have confirmation of any amendments to your account at any stage please contact a member of the BODY TIME team.
- Refunds will be made onto the original mode of payment and will be processed within 10 to 20 days depends on the issuing bank of the credit card.
CANCELATION WITHIN CONTRACT / FIXED TERM PERIOD
- You may cancel your membership whilst still within your contracted minimum number of Monthly Recurring Payments (i.e. Fixed Term Membership of 12 months), under the following circumstances and subject to you providing satisfactory evidence:
- Relocation: This agreement can be cancelled in the event that your new permanent address is 30km away from any BODY TIME gym, either the site you originally signed up for or any other BODY TIME site. Any cancellation in respect to a members relocation is dependant on satisfactory receipt of proof of your relocation and new address (e.g. new tenancy agreement in your name).
- Long term (over 3 month) illness or injury: This agreement may be cancelled in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for 3 months or longer upon appropriate proof being provided. The writing opinion must be dated within 30 days of the request to cancel.
- Pregnancy: This agreement can be cancelled if you become pregnant upon the appropriate written proof being given.
- Please note – ANY Cancellation for the above reasons will not be effected until the appropriate proof is provided to a member of the BODY TIME team and you receive a written confirmation response from BODY TIME.
ALL CANCELATION NOTICE PERIODS
Any cancellation request regardless of contract type or situation requires a minimum of 30 days’ notice and all cancellations are subject to satisfactory proof of evidence should you still be within a minimum timeframe commitment before the cancellation of the membership will take effect. You acknowledge and understand that one further recurring payment will be taken from your account if such a recurring payment is due within the aforementioned 30 days notice.
- Temporary Illness or Injury: This agreement may be frozen for a minimum of 1 month and/or maximum of 3 months in the event of a temporary illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a period of time.
- Please note – ANY Freeze will not be effected until the appropriate proof is provided. Once your freeze has been processed you will not have access to the facilities until the freeze period has come to an end.
- Please note – A freeze period does not affect the Minimum number of Monthly Recurring Payments you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has completed. (Freeze of payment must be submitted 14 working days before the Monthly Recurring Payment is due to be taken, if the submission is too close to the recurring payment date the following payment will be frozen).
- In the course of completing your membership and creating the Monthly Recurring Payment, we may collect certain personal information about you including personal details and information about your health and person. We will use this information for purposes including managing your membership and communicating with you. You have the duty to keep your personal information up to date and to inform us of any significant changes.
- We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities, our group companies and professional advisors.
- We may also provide your contact information to our business partners and third parties who may contact you about their products and services. Please inform us during the signup process if you do not wish to receive such information.
- Please contact us if you have any questions or concerns about how we will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
- We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.
- We will endeavor to use whatever method of communication deemed appropriate to notify you of the Gym information in order to best serve your experience and assume that the information provided by you is correct and an acceptable method to provide you with this information.
- As a member of the BODY TIME, you acknowledge that you have read and understand the provisions of this paragraph and that you agree that the we may collect, use, process and disclose your personal information as described hereinabove.
HEALTH AND SAFETY
- All members and visitors who are undertaking in any exercise are required to accept our “Member Health Declaration Form” at the point of registration and before commencing any exercise within the GYM.
- Members should be considerate of other members by using their own workout towel when using any of the exercise stations. A small work out towel can be purchased within the gym from one of our vending machines.
- Members are requested to return all portable equipment to the racks provided.
- Members unsure about any equipment should consult a member of staff.
- Fitness instructors and BODY TIME members of staff are authorized to stop anyone from exercising if in their opinion the member/guest is exercising in a manner that may result in personal injury and/or injury to others. Users must abide by the guidance of Gym instructors.
- While every precaution is taken to maintain safety standards, all equipment and facilities are used entirely at the members or guests own risk. Any malfunction of equipment noted should be reported to a member of staff as soon as it is noticed.
- We reserve the right to close any part of the building or withdraw equipment for conducting essential repairs or maintenance. Prior notice will be given where possible to avoid inconvenience.
- For safety purposes kindly use plastic bottles with sports lids for drinks where allowed.
- For safety and hygiene purposes, no eating is allowed in any areas not so designated.
- Members or guests may not use the facilities whilst under the influence of alcohol, narcotics or other mood altering substances.
- BODY TIME operates a strict no smoking policy.
- All members are required to wear proper gym attire that will be sold in our studio for 197 AED when exercising and to dress modestly when working out. Short workout tops that expose the midriff, torn clothes, jeans, denim shorts and beanie hats are strictly not permitted.
- Non-marking, rubber soled sports shoes/footwear are required at all times in the gymnasium and in the group exercise studios. “Crocs” and “flip-flops” are not considered suitable workout shoes.
- Members should remain modestly and appropriately dressed at all times, including in the changing areas.
- Nudity is strictly not permitted and members are requested to use the private changing cubicles provided.
- Temporary lockers are provided for the members who shall remove their personal belongings at the completion of their visit. The Gym has the right to cut open any padlocks and remove personal belongings that are left in the lockers at the end of each day.
- Unclaimed property over the value of AED50 shall be kept by the Gym for a period of 1 week after which the management reserves the right to dispose of the items in such way it in their entire discretion deems fit. Clothing and other similar items will be disposed of after a 1-week period, however any items of value will be sold periodically and all proceeds donated to the nominated charity of the Gym and no claims shall be entertained after this period from members or visitors. Any items below AED50 in value will be immediately disposed of.
- Members and guests must treat BODY TIME facilities and one another with respect; failure to comply shall constitute a serious breach of the terms of membership, and could result in the loss of membership.
- Threatening, intimidating or abusive behaviour will not be tolerated towards any member of staff. Should such incidents take place a members membership will be immediately suspended and all future payments will be collected immediatley.
- We reserve the right to prevent access to, or use of, the facilities by anyone deemed to be acting inappropriately or behaving in an unacceptable manner, as determined by BODY TIME Management.
- As a courtesy to other members, Gym equipment should be wiped down by members after use, and all equipment returned to its correct position.
- Any anti-social or offensive behavior will result in the member or guest being immediately evicted from the gym and your membership cancelled.
- BODY TIME Social Media platforms are intended as a means of creating community, facilitating communications, and providing a forum for the expression of feedback. Inflammatory posts, including any content which is judged by our management at its absolute discretion to consider inappropriate, may be subject to remedial action, including removal of the offending posts, blocking access, and termination of membership as a consequence of serious misconduct.
- Good personal hygiene is mandatory, and any member who causes offence will be asked to remedy the offending problem or leave the gym and membership may be cancelled at BODY TIME management sole discretion.
- The management accepts no responsibility for theft or damage to a member’s personal belongings kept in the lockers or otherwise for any reason whatsoever.
- The use of mobile phones with camera features and/or and other types of visual records in changing rooms are strictly prohibited, and members are requested to ensure that they do not offend any other person when utilizing such equipment within our facility.
- Members and guests are not allowed to bring their own food into the Fitness Center.
- The normal hours of operation are as indicated from time to time at the Gym entrance and notice board. The management reserves the right to adjust the hours for the purpose of cleaning decorating, repairs and special private functions and holidays.
- Upon successfully becoming a member and on first visit to BODY TIME You will be issued with a membership RFID card (which shall remain the property of the Company) and the member shall be entitled to all the rights and privileges under the class of membership purchased. The loss of a membership RFID card will incur a charge of AED50 per card.
- Membership RFID cards issued to all members must be presented at our entry gates along with your finger print to gain access.
- Membership RFID cards may only be used by the registered member and any fraudulent use of the membership RFID card by the member, including the use of a membership RFID card by a third party, could result in cancellation of the membership with no refund being made by BODY TIME.
- By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) The customer using the website who are Minor /under the age of 18 shall not register as a members and shall not transact on or use the website.
- BODY TIME may terminate this agreement with immediate effect on notice to you if you are in breach of the gym rules or these Terms and Conditions. In this event you will be liable to immediately pay all outstanding Monthly Recurring Payments, in the event you are on a Fixed Term agreement including a AED 200 penalty administration fee. If you are on a Flexible Membership then no additional charges will be payable.
- Soliciting and selling private personal training sessions or merchandise of any type to any member is prohibited and may result in immediate termination of the membership concerned.
- The BODY TIME management reserves the right to use any individual or group photographs or video of members and or guests for press or promotional purposes (by BODY TIME or our partners) in both online, TV and print sources.
- All members must abide by the Gym rules of the which may be amended and/or added to from time to time at the management’s discretion.
- Failure by the management to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.
- Members and/or guests are not allowed to photograph or copy any of our facilities interior designs, promotional materials, tag lines, themes or concepts. We reserve the right to proceed with legal action against any member caught distributing, sharing or supplying such contents to any third party vendor or competitor.
- BODY TIME will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific
- The BODY TIME website may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. We have no control over these sites or the content within them. BODY TIME does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. BODY TIME 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 BODY TIME for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.