These Terms & Conditions are administered on behalf of Nitro gym LLC / trading as Nitro gym. References to ‘we’, ‘us’ and ‘our’ are references to the Nitro gym LLC / trading as Nitro gym , registered in the UAE, and whose registered office is at, Dubai, UAE. Nitro gym LLC maintains the website (www.nitrogymuae.com)
You must be between 13 and 15 years of age and be under the direct supervision of a parent/guardian or a Nitro gym Personal Trainer. Children of 16 years of age or above will have normal individual access permitted.
If you are under the age of 18, you will not be able to register on our website – your registration must be done in person at our reception.
References to ‘you’, ‘your’ and ‘yours’, and after acceptance, the member, are references to the individual completing the membership application form.
PRINCIPLE TERMS
1.Once you click the JOIN NOW button in the web sign-up process and indicate your acceptance of our Terms and Conditions, you are bound by this agreement.
2.Your membership starts immediately (or when the Gym opens in the case of a pre-sale membership).
3.All new memberships are subject to the approval of the management. The management reserves the right to reject any membership application for any reason whatsoever, at their sole discretion.
4.Upon your acceptance of this agreement, you will become a member of the Association and you will be entitled to all the rights and privileges associated with that Membership type.
5.You cannot transfer this agreement to anyone else.
6.Terms & Conditions are governed by the laws of the United Arab Emirates without regard to conflict of laws principles. Any disputes that may arise in connection with the Services shall only be heard by a court of competent jurisdiction in the United Arab Emirates.
7.We will not trade with or provide any services to OFAC and sanctioned countries.
8.The United Arab Emirates is our Country of Domicile. Nitro gym controls this site from the U.A.E. Nitro gym 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. It is prohibited for you to use, export or re-export any materials from this site in violation of any applicable laws and regulations, including, but not limited to, any U.A.E export laws and regulations, if you do so.
FEES AND CHARGES
1.All published membership or other fees and other charges are inclusive of any taxes (e.g. VAT). The Nitro gym LLC TRN number is 100531649000003 and this applies to all charges from Nitro gym LLC 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.
2. Cancellation of membership/ personal training is not permitted and non -refundable
3.The “Monthly Recurring Payment” or simply “Recurring Payment” means the Nitro gym 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.
4. The monthly membership fee or Monthly Recurring Payment is due each month in full, upfront. In exceptional cases, a request for cancellation may be granted and a cancellation fee of 1-month due applies and the member needs to submit a written notice 1-month in advance.
5. 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.
6. 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.
7. 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.
8.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.
9.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”).
10.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 Nitro gym reception and submitting a cancellation request. (A minimum of 30 days notice is required).
11.You agree to advise us immediately of any change to the Members Details provided.
12.You agree to retain a copy of all transaction records and you are responsible for maintaining the confidentiality of this account.
13.All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented, or leased to any third parties.
14.Nitro gym will not pass any debit/credit card details to third parties
15.Nitro gym takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, (Nitro gym) cannot guarantee the security of any information that is disclosed online
16.Nitro gym 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.
17.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.
18. 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.
19. 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.
20.Nitro gym may choose to run” referral friend” membership promotions whereby gifts or complimentary memberships are provided in return for members referring friends and then joining. Nitro gym management reserves the right to withhold any gift or complimentary Nitro gym access if the referees break the terms and conditions mentioned here including defaulting on a membership payment.
PAYMENT METHOD
1.We accept payment by Visa or Mastercard debit and credit cards in AED for our memberships and other products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review the respective merchant service provider’s user agreement and privacy policy before entering any transaction.
2.Should any member forewarn that their membership payment method is to be cancelled and not adequately replaced prior to the completion of a contract, all remaining charges will be liable and charged immediately.
3.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.
4.You, as the cardholder, must retain a copy of transaction records and Merchant policies and rules.
5.You are responsible for maintaining the confidentiality of your membership account and payment details.
6.Once a payment card has been replaced by a new one we will charge the new card only. Should however an account go unpaid for a period of 30 days or more we reserve the right to charge any previous payment card on the account, or any linked account, at our sole discretion in order to obtain funds.
CANCELLATION AND REFUNDS
1.The Joining Fee, if applied, is not refundable under any circumstances.
2. Cancellation of membership/ personal training is not permitted and non -refundable
3.In exceptional cases, a request for cancellation maybe granted & a cancellation fee of 1-month due applies and the member needs to submit a written notice 1 month in advance
4. 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 Nitro gym team.
5. Refunds will be made onto the original mode of payment and will be processed within 10 to 20 days depending on the issuing bank of the credit card.
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.
CANCELATION WITHIN CONTRACT / FIXED TERM PERIOD
1.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:
2.Relocation: This agreement can be cancelled in the event that your new permanent address is 30km away from any Nitro gym, either the site you originally signed up for or any other Nitro gym site. Any cancellation in respect to a member’s relocation is dependent on satisfactory receipt of proof of your relocation and new address (e.g. new tenancy agreement in your name).
3.Long-term (over 3 months) 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.
4.Please note – ANY Cancellation for the above reasons will not be affected until the appropriate proof is provided to a member of the Nitro gym team and you receive a written confirmation response from Nitro gym.
FREEZING (Not applicable on recurring unless)
1.Temporary Illness or Injury: This agreement may be frozen for a minimum of 1 month and/or a 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.
2.Please note – ANY Freeze will not be affected 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.
3.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 payment due will not be frozen).
DATA SECURITY
1.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.
2.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.
3.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.
4.We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.
5.We will endeavour 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.
6.As a member of the Nitro gym, you acknowledge that you have read and understood the provisions of this paragraph and that you agree that we may collect, use, process and disclose your personal information as described hereinabove.
GENERAL TERMS
1.Upon successfully becoming a Nitro Member, a digital onboarding with facial recognition will be carried out at the gym reception. Once registered, the user is granted access to the gym (location as registered) with his credentials (Face Recognition). Access to the Gym is for Valid Active Nitro Members through Face Recognition only.
2. 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 member and shall not transact on or use the website.
3. .Nitro gym 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 an AED 200 penalty administration fee. If you are on a Flexible Membership, then no additional charges will be payable.
4. .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.
5. The Nitro gym management reserves the right to use any individual or group photographs or video of members and or guests for press or promotional purposes (by Nitro gym or our partners) in both online, TV, and print sources.
6. .All members must abide by the Gym rules which may be amended and/or added to from time to time at the management’s discretion.
7. 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.
8. .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.
9. .Nitro gym will not 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
10. There is no guarantee, representation, or warranty that the content in these third-party sites is accurate or complete. Nitro Gym can produce search results that automatically refer/and or link to third party sites on the internet. Nitro gym does not guarantee, represent or warrant that the content contained in the sites is accurate, legal, and/or inoffensive.Nitro gym 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 Nitro gym for any damages or losses, resulting from your use of the Site to obtain search results or link to another site.
PHYSICAL HEALTH OF MEMBER
1.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.
2.The member shall not use any Nitro gym 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.
3.Before using a Nitro gym facility, the member or visitor must read and confirm the agreement of our Member Health Declaration Form / PARQ FORM
4.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.
HEALTH AND SAFETY
1.All members and visitors who are undertaking any exercise are required to accept our “Member Health Declaration Form / Parq Form” at the point of registration and before commencing any exercise within the GYM.
2.Members should be considerate of other members by using their own workout towel when using any of the exercise stations.
3.Members are requested to return all portable equipment to the racks provided.
4.Members unsure about any equipment should consult a member of staff.
5.Fitness instructors and Nitro gym members of staff are authorised 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.
6.While every precaution is taken to maintain safety standards, all equipment and facilities are used entirely at the member’s or guests’ own risk. Any malfunction of equipment noted should be reported to a member of staff as soon as it is noticed.
7.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.
8.For safety purposes kindly use plastic bottles with sports lids for drinks where allowed.
9.For safety and hygiene purposes, no eating is allowed in any areas not so designated.
10.Members or guests may not use the facilities whilst under the influence of alcohol, narcotics or other mood-altering substances.
11.Nitro gym operates a strict no smoking policy.
LOCKERS
1.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 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.
DRESS CODE
1.All members are required to wear proper gym attire 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.
2.Non-marking, rubber-soled sports shoes/footwear are required at all times in the gym “Crocs” and “flip-flops” are not considered suitable workout shoes.
3.Members should remain modestly and appropriately dressed at all times, including in the changing areas.
4.Nudity is strictly not permitted and members are requested to use the private changing cubicles provided.
GYM FACILITIES
1.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.
2.The use of mobile phones with camera features and/or and other types of visual records in changing rooms is strictly prohibited, and members are requested to ensure that they do not offend any other person when utilising such equipment within our facility.
3.Members and guests are not allowed to bring their own food into Nitro gym locations.
4.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
BEHAVIOUR
1.Guest and members must treat Nitro gym facilities and each other with respect; failure to adhere to shall create a serious violation of the terms of membership, and could result in the cancellation of membership.
2.Abusing, intimidating or threatening behaviour will not be tolerated towards any member of staff or the company. If such incidents take place, a member’s membership will be instantly suspended and all future payments will be collected straight away.
3.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 Nitro gym Management.
4.As a courtesy to other members, Gym equipment should be wiped down by members after use, and all equipment returned to its correct position.
5.Any anti-social or offensive behaviour will result in the member or guest being immediately expelled from the gym and your membership cancelled.
6.Nitro gym Social Media platforms are purposefully considered as a means of creating community, facilitating communications, and providing a forum for the expression of feedback. Inflaming posts, including any type of 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 even termination of the membership as a consequence of serious misconduct.
7.Good personal hygiene is compulsory, and any member who violates this will be asked to remedy the offending problem or leave the gym. Membership may be cancelled at Nitro gym management’s absolute discretion.
8.Members who are accessing a Nitro gym location through a complimentary membership – won in a competition, through a Nitro gym partnership or other promotion, are also bound to these terms and conditions. Nitro gym management reserves all the rights to cancel a complimentary membership if the terms and conditions are not being fulfilled. Members will still be entitled to their complimentary membership but this may have to be used during a non-peak time as per the guidance of Nitro gym manager or deferred to a later date.