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Please read these Terms & Conditions (“Terms”) carefully as they contain important information regarding your legal rights, remedies and obligations. The Terms are issued by Reset Fitness FZE (“Reset Fitness”, “we”, “us”, or “our”), which operates this website www.ihitreset.com (“Website”) and the I Hit Reset mobile app (“App”).
By accessing or using the Website or the App, whether as a visitor (simply browsing the Website or using the App) or as a new or existing Reset Fitness Member (“Member”) (upon creating an account with us), you shall be deemed to have accepted the Terms in full. If you do not accept these Terms in full, you must leave the Website or App immediately.
Our Privacy Policy also applies to your use of the Website or the App and you should read this in full before using the Website or the App.
We may revise these Terms at any time and it is your responsibility to review these Terms for any changes or updates. Changes or updates will be effective on the day they are posted, and by using the Website and/or the App following such changes, you will have deemed to accept the updated terms irrespective of whether they have been reviewed by you.
MEMBER POLICIES
MEMBER ACCOUNTS: In order to access some of the features of the Website and the App, you are required to register as a Member by creating an account with us. The Member account is for the sole use of the registered applicant and is non-transferable and non-refundable. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and to you must keep your account password secure. Acceptance of an application for Membership is at our absolute discretion (although we will exercise our discretion reasonably and in compliance with applicable laws).
ELIGIBILITY: The Website and the App are intended solely for anyone who is aged 18 or above and by using the Website and or the App, you represent and warrant that you are 18 years or older. Memberships are permitted from 10 years of age. Members between 10-17 years of age require a parent or legal guardian to co-sign their Membership and can attend Reset Teens classes without the presence of a parent or legal guardian. Children aged 12-14 are permitted to attend regular Reset Fitness classes (Cardio, Strength, Shape and Combat) only when accompanied by a parent or legal guardian. Children aged 15-17 are permitted to attend regular Reset Fitness classes without the presence of a parent or legal guardian.
TERM, MEMBERSHIP CANCELLATION AND TERMINATION: The following terms
shall remain in full force and effect whilst you use any of the Reset Fitness Services or are a Member of Reset Fitness.
In order to book a class, you must be registered as a Member and have purchased one of our packages.
6 WEEK RESET MEMBERSHIPS: 6-Week Reset Memberships are valid for six weeks and begin and expire on set, and pre- published, dates determined by Reset Fitness. These Memberships cannot be extended or delayed.
PLATINUM MEMBERSHIPS: 6-month Membership with the inclusion of 2 personal training sessions (“PT”) per month. Both PT sessions must be completed within the same months and cannot be carried over to the following month. PT sessions may be cancelled or rescheduled on the condition that the Reset Fitness Member provides 24 hour notice. Reset Fitness reserves the right to reschedule the PT session based on availability during the same month. Should there be no availability, the session shall be forfeited. Platinum Memberships may be paused for a period of one-month, however shall remain at the discretion of Reset Fitness.
PRIVILEE MEMBERS: Any Reset Member that cancels their membership directly with Reset and subscribes through Privilee shall only be entitled to attend further classes following a waiting period of six-months from the date of termination with Reset.
CREDIT PACKAGES: Each credit has a value of one class. 5 credit packs expire after 1 month from date of purchase. 10 credit packs expire after 2 months from date of purchase. 20 credit packs expire after 3 months from date of purchase. Any unused credits will be terminated and will no longer be valid.
INTRO PACK: A first timer to Reset Fitness is entitled to a purchase a 1 week unlimited trial. The Intro Pack will have a duration of 7 days starting from the day it is purchased and cannot be extended. Intro Packs are non-transferable and non-refundable. Intro Packs are only available for first time users that have never had an account with us before. Intro-packs are limited to one per first timer. It is a violation of these Terms to sign up for an Intro Pack if you have signed up for an account or trial in the past or to have more than one account or Into Pack at the same time. Such violation may result in a penalty which shall remain at the discretion of Reset Fitness.
Promotional Memberships, Reset Teens, Credit Packs, Personal Training, 6-Week Reset, 1- and 3-Month Unlimited Memberships cannot be cancelled and are non-refundable. No refunds will be offered/available for any cancelled activities outside of the control of Reset Fitness (i.e. inclement weather, venue cancellation and maintenance). If 6- and 12-month Unlimited Memberships need to be terminated; Members must provide a 30 days’ written notice via email to hello.JIP@ihitreset.com. Members must settle any outstanding balances and shall also be charged a cancellation fee equal to 2 months of the Membership (the “Cancellation Fees”) within the 30 day notice period. If the Member does not settle the Fees within the 30-day notice period, the Membership will continue to roll over until all Fees are settled.
MEDICAL REASON FOR TERMINATION: If you wish to cancel your Membership on medical grounds, you must inform us via email with a stamped and signed letter from a physician or medical professional. It is at the discretion of management to grant the cancellation.
MEMBERSHIP PAUSING: 3-Month Unlimited Memberships may be paused for a period of up to 2 weeks, 6-month Unlimited Monthly Memberships for up to a total of 4 weeks, and 12-month Unlimited Monthly Memberships for up to a total of 8 weeks. Any further Membership pausing is at a cost of AED50 per week and shall remain at the discretion of the management. Membership pauses will only be approved if all fees and outstanding balances have been paid in full, and a 30 days’notice email request is sent to Reset Fitness. You will receive written confirmation from Reset Fitness if the pause is approved. Reset Fitness reserves the right to request further information, such as a doctor’s letter, prior to giving approval for the pause. Reset Teens, Credit, Personal Training and 6-Week Reset and 1-month Unlimited Monthly Memberships cannot be suspended.
MEMBERSHIP EXPIRY & AUTO-RENEW: Payments are debited monthly for the respective length of term. Once the current term has ended, the Membership is no longer bound by a contract. The Membership shall then roll over only a monthly basis (“Rollover”). If you wish to terminate the Rollover, please provide 30 days notice to hello.JIP@ihitreset.com. All outstanding Fees must be settled during the one-month notice period in order for the termination of the Rollover to be effective.
We reserve the right to terminate access to the Website and/or to the App, or to terminate any Reset Fitness Services or your account at any time if we determine that you are or have been in breach of these Terms, or there areoverdue fees of 60 days, repeated late payments, or due to any unexpected technical issues or problems. In instances of a minor breach, we may inform you of it and give you a set period of time to rectify such breach. Failure to rectify the breach within the given timeline may result in Membership termination.
CLASS & ASSESSMENT CANCELLATIONS AND NO SHOWS: Class bookings must be cancelled 12 hours prior to the start of the class through our App or by telephone to avoid a penalty. For Credit Memberships, 1 credit will be refunded to your balance if you adhere to the cancellation policy. If you fail to follow the cancellation policy or are registered as a no show for a class, no credit refund will be applicable. For 6-Week Reset, Unlimited Monthly and Reset Teens Memberships, a 3-strike system applies, entitling you to 3 late attendances, cancellations or no shows for classes. After 3 strikes, you will be blocked from booking and attending classes for a period of 7 days. If you wish to unblock your Membership prior to the 7 day expirey, there shall be a charge of AED 50.
Assessment appointments must be cancelled at least 12 hours prior to the start of the appointment by telephone in order to avoid a penalty. Late attendances, cancellations or no shows are subject to a penalty fee of AED 60.
PAYMENTS: We accept payments online or at our premises using credit and debit cards in AED. When you purchase packages, you will be prompted to pay through our third-party payment provider. If you make a payment for our products or services on the Website or on the App, the details you are asked to submit will be provided directly to our third-party payment provider via a secured connection. The cardholder must retain a copy of transaction records.
LOCKERS AND PERSONAL BELONGINGS: Lockers are for the use of all Members and guests, and subject to availability. It is your responsibility to ensure you clear the locker after each use. Any unclaimed items found in the locker will be held for a period of 7 days and if not claimed, will be donated to a nominated charity. No liability will be held by Reset Fitness after this date.
PHYSICAL FITNESS AND SAFETY: You are advised to consult a physician prior to participating in any activities at the studio. You represent and warrant that you are in good health and physical condition and know of no medical or other reason that makes you incapable of engaging in exercise, either passive or active. If you have a condition or are taking any medication that may affect your ability to exercise, you agree to provide us with a doctor’s letter prior to participating in any classes or using any Reset Fitness amenities or services.
You warrant and represent that you know of no physical, medical or other disability or condition that may be affected or aggravated by, or which may result in any sickness, injury or death from participating in a class or engaging in active or passive exercise. You agree to provide us with all relevant and accurate health, personal and fitness information before and during the course of any exercise program or other activity. You are responsible for updating us in writing about any changes to your health or medical status. You also agree to undertake or complete any pre- exercise screenings or questionnaires Reset Fitness requests.
You shall immediately notify Reset Fitness on the following and agree that you will not participate in a class or use any Reset Fitness amenities or services whilst suffering from any infection or contagious illness, disease or other ailments, such as open cuts or sores or abrasions, where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of the other Members or guests.
You acknowledge and agree that you participate in classes and use Reset Fitness amenities and services at your own risk and that improper use of equipment or failure to follow instructions from a Coach may result in injury or death.
The parent/guardian co signatories for minor Members agree, warrant and represent that the minor has valid UAE Health Insurance covering sporting activities in the UAE.
MOBILE SERVICES
Reset Fitness Services include certain services that are available via your mobile phone, including but not limited to (i) the ability to book a class and/or purchase packages, (ii) the ability to browse the Website from your mobile phone and (iii) the ability to access the App that is downloaded and installed on your mobile phone. We do not charge for these mobile services, however, your carrier’s standard messaging, data and other rates and fees will still apply. Reset Fitness shall not be held liable if you incur additional charges with your carrier and or third parties for the use of the App.
LIMITATION OF LIABILITY
To the fullest extent permitted by law in the applicable jurisdiction, under no circumstances (including, without limitation, negligence) shall Reset Fitness, its owners, employees, agents and associate/group companies, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever arising from any
(i) use of the Website or the App, (ii) errors, mistakes, or content inaccuracies, (iii) personal injury or property damage, of any nature whatsoever, relating to the use of the Website or the App, (iv) unauthorised access to our secured servers and personal information stored therein, (v) interruption or cessation of transmission to or from the Website or the App, (vi) bugs or viruses which may be transmitted to or through the Website or the App by any third party, (vii) defamatory, offensive or illegal conduct of any third party, and/or (viii) third party content or third party products and services.
These limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not Reset Fitness has been informed of the possibility of such damages.
The total liability of Reset Fitness will be limited to the fullest extent permitted by applicable law. You agree to defend, indemnify and hold us harmless, and our owners, employees, agents and associate/group companies, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from any breach by you of any of these Terms, your use of and access to the Website or the App, and/or a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
OWNERSHIP AND USE OF CONTENT OF THE WEBSITE OR THE APP
Content on the Website or the App, including without limitation, video, audio, photographs, images, designs, illustrations, animations, logos, text, comments, data, information, executable files, workouts and workout data, interactive features, copyrights, trademarks, patents, applications and any intellectual property, is owned by or licensed to Reset Fitness.
Content is protected by copyright and trademark laws and is for your information and personal use only. You may download copies of posted materials for personal, non-commercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material. You may not modify, copy, reproduce, publish, display, transmit, adapt, distribute, display, sell or in any way exploit any content for any purposes whatsoever without the prior written consent of Reset Fitness. Our Website or App may link to, interact with or be available on third party services or products such as social media providers and third party devices. If you access such third party services or products, be aware that different terms and privacy policies may apply to your usage of such services.
“Reset Fitness”, the logo and other graphics, logos, scripts, and designs are trademarks and trade names of Reset Fitness in the United Arab Emirates. Reset Fitness’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Reset Fitness.
We may take photographs, videos or audio recordings of the premises, classes, events and other activities relating to Reset Fitness. You may be included in some of these photographs, videos or audio recordings either individually or as a group. We reserve the right to use such photographs, videos or audio recordings for promotional or marketing purposes unless you instruct us otherwise.
ACCOUNT SECURITY: You are responsible for maintaining the confidentiality of your account, your chosen password and for restricting access to your account from any devices or other users. You agree to accept responsibility for all activities that occur under your account or password. We are not responsible nor liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any unauthorised use of your account or password, with or without your knowledge. You agree to notify us immediately of any breach of security or unauthorised use of your account.
COMMUNICATION: You may receive periodic communications regarding our services. You can manage the messages you receive, by changing the preferences in your account on the Website or on the App, or by informing us in writing at hello.JIP@ihitreset.com.
DATA MIGRATION: Rest Fitness agrees to transfer all Member information and details retained by the current CRM system to Reset Fitness’s own CRM system (“Pro-Fit Connect”). The migration of Member’s data from the current CRM system to Pro-Fit Connect shall be at no additional cost to the Member.
If you have any questions regarding these Terms, the Website, the App, or Reset Fitness Services, please contact us at:
DISCLAIMERS; NO WARRANTIES
To the fullest extent permitted by law in the applicable jurisdiction, Reset Fitness, its owners, employees, agents and associate/group companies disclaim all warranties, expressed or implied, in connection with Reset Fitness Services, the Website, the App and your use thereof. Reset Fitness makes no warranties or representations about the accuracy, validity, reliability or completeness of the Website and the App, content provided thereon, or the content of any sites linked to the Website or the App, and assumes no liability and responsibility for any use of Reset Fitness Services, the Website or the App.
We do not warrant that Reset Fitness Services will meet your requirements, and we cannot guarantee any specific results from the use of Reset Fitness Services. You expressly acknowledge and agree that use of the Reset Fitness Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. The Reset Fitness Services are provided on as “as is” and “as available” basis and Reset Fitness expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
ENTIRE AGREEMENT; NO WAIVER
These Terms, together with our Privacy Policy, and any other legal notices published by Reset Fitness on the Website or the App, shall constitute the entire agreement between you and Reset Fitness. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Reset Fitness’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
GOVERNING LAW, JURISDICTION AND ARBITRATION
Reset Fitness is domiciled in the United Arab Emirates. These Terms, any other legal notices published by Reset Fitness on the Website or the App, and any disputes or claims arising out or in connection with these Terms, shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any disputes or claims will be conducted only on an individual basis and not in a class, consolidated or representative action. Both you and Reset Fitness agree that the courts of the Dubai International Financial Centre shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms. You and Reset Fitness agree that any cause of action arising out of or in connection with these Terms must commence within one year after the cause of action accrues, otherwise, such cause of action is prohibited. In the event of any litigation or binding arbitration arising from or related to these Terms, or Reset Fitness Services provided, the prevailing party shall be entitled to recover from the non- prevailing party all reasonable costs incurred including staff time, court costs, legal fees, and all other related expenses incurred in such litigation or binding arbitration.
CONTACTING US
If you have any questions regarding these Terms, the Website, the App, or Reset Fitness Services, please contact us at:
Reset Fitness FZE
Email: hello.JIP@ihitreset.com