Clayton Fredericks

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 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.

If you wish to become a Reset Fitness member, you must read these Terms and indicate your acceptance in the registration process.

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 you should review these Terms from time to time for any changes or updates. Changes or updates will be effective on the day they are posted on the Website and/or the App. By using the Website or the App after we make any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them.

MEMBER POLICIES

MEMBER ACCOUNTS: In order to access some 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 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, the App, are intended solely for anyone who is 18 years of age or older. By using the Website or the App, you represent and warrant that you are 18 years or older. Memberships are permitted from 12 years of age. Members between 12-17 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 12-15 are permitted to attend regular Reset Fitness classes (Cardio, Strength, Shape and Combat) only when accompanied by a parent or legal guardian. Children aged 16-17 are permitted to attend regular Reset Fitness classes without the presence of a parent or legal guardian.

ACCOUNT SECURITY: You are responsible for maintaining the confidentiality of your account and your chosen password and for restricting access to your account from any devices or other users, and you agree to accept responsibility for all activities that occur under your account or password. We are not responsible or 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.

COMMUNICATIONS: 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.

TERM, MEMBERSHIP CANCELLATION, SUSPENSION AND TERMINATION:

These Terms shall remain in full force and effect while you use Reset Fitness Services or are a member of Reset Fitness.

Promotional, Reset Teens, Credit, Personal Training, 6-Week Reset, 1- and 3-Month Unlimited Memberships cannot be cancelled and are non-refundable. 6- and 12-month Unlimited Memberships may be cancelled; members will be charged a cancellation fee equal to 2 months of Membership, and the membership will be terminated effective immediately upon settlement. For membership cancellations, you are required to provide us with 30 days’ written notice of the cancellation via email to hello.JIP@ihitreset.com. The email should contain the subject line ‘Cancel Membership’ and state your full name, registered telephone number and membership package type. If you wish to cancel your membership on medical grounds, for reasons such as a contracting/developing a serious medical illness or incurring a long-term or permanent physical injury or disability, you must inform us via email with a supporting letter from a physician or medical professional. It is at the discretion of management to grant the cancellation.

3-Month Unlimited Memberships may be suspended for a period of up to 2 weeks, 6-month Unlimited Monthly Memberships may be suspended for up to a total of 4 weeks, and 12-month Unlimited Monthly Memberships may be suspended for up to a total of 8 weeks. Any further Membership suspension is at a cost of AED50 per week and at the discretion of the management. Suspension will only be approved if all fees have been paid in full and are up-to-date and a written email request is sent to Reset Fitness with 30 days’ notice; you will receive written confirmation from Reset Fitness if the suspension is approved. Reset Fitness reserves the right to request further information, such as a doctor’s letter, prior to giving approval for the suspension. The suspension acts as an extension to the initial contract duration. Reset Teens, Credit, Personal Training and 6-Week Reset and 1-month Unlimited Monthly Memberships cannot be suspended.

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 due to overdue fees of 60 days or repeated late payment, 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 it; failure to rectify the breach within the given timeline may result in membership termination.

MEMBERSHIP OPTIONS:

In order to book a class, you must be registered as a member and have purchased one of our packages. We offer four types of packages: Monthly Unlimited Memberships, 6-Week Reset, Reset Teens (Term), and Credit Memberships (Personal Training, Class Credits). Unlimited Monthly Memberships are valid from date of purchase and expire at the end of stated period, be it 1-, 3, 6- or 12-months. 6-Week Reset Memberships are valid for six weeks and begin and expire on set, and pre-published, dates determined by Reset Fitness. Reset Teens Memberships are aligned to school term times and begin and expire on set, and pre-published, dates determined by Reset Fitness.  Our Credit Memberships expire after a month/s from the date purchased, depending on which package is purchased. Packages are non-transferable between members and may only be suspended in the circumstances outlined above.

INTRO PACK: A new member is entitled to a purchase an Intro Pack of 3 classes. 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. You understand and agree that unless we expressly communicate otherwise, Intro Packs are available only to first time members that have never had an account with us before and there is only one Intro Pack permitted per person. 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 Intro Pack at the same time.

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.

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 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 before the 7 days expires, there is a charge of AED50. Assessment appointments must be cancelled at least 12 hours prior to the start of the appointment by telephone to avoid a penalty. Late cancellations or no shows are subject to a penalty fee of AED60.

REFUNDS: 6-Week Reset, Reset Teens, Credit Memberships and 1- and 3-month Unlimited Monthly Memberships 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).

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 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.

Minor members and their parent/guardian co-signatories agree, warrant and represent that the minor has valid UAE Health Insurance covering sporting activities in the UAE.

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 ON 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.

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. You should check with your carrier to find out what plans are available and how much they cost.

While we strive to make our applications available on many platforms, we cannot guarantee that our applications will work with all carriers or devices. By downloading or using our applications, you expressly agree that we may communicate with you by SMS, MMS, text message, email or other electronic means directed to your mobile device and that certain information about your usage of the applications may be communicated to us.

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

Important Legal Notice

Reset Fitness FZE (license number 2725) of JI-B2-FB-02, Jumeirah Islands, Dubai, United Arab Emirates (“company”, “we”, “us”) is committed to protecting and respecting your privacy. This Privacy Policy, together with our Terms & Conditions and any other documents referred to in it, sets out the basis on which any personal data which we may collect about you, or that you may provide to us, will be processed.

For the purposes of applicable data protection and privacy laws, the company is the data controller. For further information about this, please contact us using the details below.

This Policy explains what personal data we collect, how we may use and manage it and the rights you have in relation to your personal data. Before you provide us with any personal data or browse our Website or use our App, you should read through this Privacy Policy in full and make sure that you are comfortable with our privacy practices.

Whose personal data do we collect?

The company collects personal data from a range of individuals in the context of its business activities, including:

• our [subscribers, members and other users of facilities;
• agents and contractors;
• users of our Website; and
• individuals who contact us by any means.

How we collect your personal data

We obtain personal data which you knowingly and voluntarily disclose to us, both online and offline, notably when you:

• visit our Website;
• download and use our App;
• visit our premises; or
• communicate with us via any means, including but not limited to telephone, email and through the use of social networking websites, third party apps or similar technologies.

We may also collect information from third party sources, for example information relating to your use of other websites which we operate and from related third parties including, but not limited to, agents and sub-contractors.

Information we may collect from you

The company may collect a range of personal data from you, including but not limited to your name, gender, job title, photographic identification, email address, home address and other contact details, details of your health, interests and goals, communications with you (including notes from assessments) and financial and payment information.

When you use our site at www.ihitreset.com (“Website”), we collect certain standard information that is sent by your browser to the Website, based on such things as your IP address, browser type, operating system, language, time zone setting, access times and any referring website addresses.

If you contact us, we may keep a record of that correspondence or conversation.

We may also record details of your visits to the Website.

Where we process sensitive personal data we will ensure we are permitted to do so under applicable data protection laws, for example where we have your consent or the processing is necessary to establish, exercise or defend a legal claim.

Where we store your personal data

The data that we collect from you may be transferred to, and stored in, a country other than your own and that country may provide a lower level of data protection requirements than your own country. By submitting your personal data, you agree to this potential transfer to a country other than your own.

Whenever we transfer personal data across borders, we will take legally required steps to ensure that adequate safeguards are in place to protect your personal data and to make sure that it is treated in accordance with this Privacy Policy.

You acknowledge and understand that the transmission of information via the internet is not completely secure. Although we will take reasonable and appropriate steps to protect your personal data once we have received it, we cannot guarantee the security of your data transmitted to the Website. Any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security features to try to prevent unauthorised access.

Uses made of the information

We collect and/or use personal data about you for the following reasons.

• To ensure that content from the Website is presented in the most effective manner for you and for your computer, including carrying out analytics in relation to the use of the Website.
• To ensure that content from the App is presented in the most effective manner for you and for your device.
• To provide you with information that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
• To carry out our obligations arising from any contracts entered into between you and us.
• To communicate with you and third-party contacts.
• To comply with our legal and regulatory obligations, which may include the disclosure of certain information and/or recordings of telephone conversations to regulatory authorities.

The legal basis for the company processing your personal data

In accordance with the purposes for which we collect and use your personal data, as set out above, the legal basis for the company processing your personal data will typically be one of the following:

• your consent;
• the performance of a contract that we have in place with you or other individuals;
• compliance with our legal obligations.

Disclosure of your Information

The company may share your personal data with people within the organisation who have a “need to know” that data for business or legal reasons, for example in order to carry out an administrative function such as processing an invoice, or to direct a query that you have submitted to the relevant department within the company.

We may disclose your personal data to one or more third party entities. These entities are required to maintain the confidentiality of your data and are restricted from using it for any purpose other than the purposes set out in this Privacy Policy.

We may disclose your personal data to third parties including the authorities, the company’s advisors, suppliers of IT services and third parties engaged by the company for the purpose of:

• providing services requested by you;
• to protect any intellectual property rights in any materials displayed on or otherwise available from the company’s Website or App;
• for the purposes of seeking legal or other professional advice;
• to respond to a legal request or comply with a legal obligation; and
• to enforce our Website or App Terms & Conditions.

We may also disclose your personal data to third parties:

• in the event that we sell, merge or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
• if the company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be transferred; or
• in the event that we are required to do so to comply with our regulatory obligations to regulatory authorities.

Also, we may share non-personal data with other third parties. When we do so we may aggregate or de-identify the information so that a third party would not be likely to link data to you, your computer, or your device. Aggregation means that we combine the non-personal data of numerous people together so that the data does not relate to any one person. De-identify means that we attempt to remove or change certain pieces of information that might be used to link data to a particular person.

Your Rights – Marketing and Third Party Websites

You have the right to ask us not to process your personal data for marketing purposes. Where required by law, we will inform you (before or at the time of collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to ‘opt-out’ from receiving marketing communications at any time 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. If required by law, we will obtain your consent before sending you marketing communications.

The Website may contain links to the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Your Rights – Access, Rectification and Deletion

Applicable data privacy laws give rights to individuals in respect of personal data that organisations hold about them, including the following.

• Access: the right to be provided with a copy of your personal data.
• Rectification: The right to require us to correct any mistakes in your personal data.
• Erasure (the right to be forgotten): The right to require us to delete your personal data – in certain situations.
• Restriction of processing: The right to require us to restrict processing of your personal data in certain circumstances, for example if you contest the accuracy of the data.
• Data portability: The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party – in certain situations.
• Objection: the right to object at any time to your personal data being processed for direct marketing (including profiling) and in certain other situations to our continued processing of your personal data.

If you wish to exercise any of the above-mentioned rights, please submit your request to hello.JIP@ihitreset.com.

Cookies and other tools

We may use information about your visits to the Website by using a “cookie” or similar technologies for storing information, e.g. local shared objects and web beacons (“cookies”). A cookie is a small text file which is transferred to and stored on your computer, portable device or mobile. Cookies can be unique to your web browser and contain text and information, for example a unique identifier, site name, digits or numbers.

Cookies are used to differentiate one user from another, to pass information from page to page during their visit to the Website and to collect data about a given browser, along with the information requested and sent by the browser’s operator. They enable us:

• to estimate our audience size and usage pattern;
• to store information about your preferences; and
• to recognise you when you return to the Website.

By using the Website, you are consenting to our use of cookies.

What cookies do we use?

This Website uses cookies. We use cookies to personalise content and ads, to provide social media features and to analyze our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. Cookies are small text files that can be used by websites to make a user’s experience more efficient. The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission. This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages. You can at any time change or withdraw your consent from the Cookie Declaration on our website.

Changes to Our Privacy Policy

We reserve the right to modify or amend this Privacy Policy at any time. Any changes we may make to this Privacy Policy in the future will be posted on this page. It is your responsibility to review this Privacy Policy every time you submit information to us.

Contact

Questions, comments and requests regarding this Privacy Policy and our handling of your personal data are welcomed and should be addressed to hello@ihitreset.com.