INTRODUCTORY ARTICLE: DEFINITIONS
– Member”: any natural person who takes out a subscription with a Referring Club (as defined below) as a consumer, it being specified that only persons aged 18 or over on the day of signing the Agreement (as defined below) may be Members;
– Referring Club”: the company whose contact details are mentioned at the top of the Membership Agreement – as defined below, from which the Member has taken out his or her subscription;
– General Terms and Conditions” means these general terms and conditions which govern the relationship between the Member and Club GIGAFIT DUBAI and which are supplemented by the Membership Agreement defined below;
– Membership Agreement” means the form completed by the Member to detail the special terms and conditions that supplement the General Terms and Conditions;
– Contract”: the contractual whole formed by the General Conditions and the Membership Agreement.
ARTICLE 1: PURPOSE
The Agreement constitutes the sole and exclusive framework for the legal relationship between the Member and the referring Club – to the exclusion of any other document, and in particular any advertising brochure. The Member hereby enters into a non-transferable contract authorizing him/her to use the facilities of the referring Club as part of the basic package including access to the Cardio-training and Guided Bodybuilding equipment and free weights – to the exclusion of any other activity – in accordance with the specific conditions detailed in the Membership Agreement and these General Conditions. The validity of this Contract is subject to the condition that the Member is domiciled within the jurisdiction of the referring Club: any Member able to provide proof of domicile (electricity bill, council tax or rent receipt) in the municipality of his or her Club will be considered as such.
ARTICLE 2: ACCESS
Access to the GIGAFIT Dubai Club is restricted to Members with a valid GIGAFIT membership card (magnetic badge) in their name, during the days and hours of operation as posted in the Clubs and on the Website. However, in the event that the Member has taken out :
– an “off-peak” subscription, the Member may only access the Clubs in the GIGAFIT network during the hours specified in his contract, excluding weekends;
– a “weekend” subscription, the Member may only access the Clubs of the GIGAFIT network during the hours specified in his contract on Saturdays and Sundays.
It is expressly stated that the Member is only entitled to access GIGAFIT Clubs other than his or her home Club if the Member has purchased a non-promotional membership (see Membership Agreement). In this case, the Member is entitled to access the other Clubs in the GIGAFIT network up to a limit of four entries per month, for the duration of the Contract only, and only for Cardio-training and Guided Weight Training equipment and free weights – to the exclusion of all other activities. If the Member has purchased a promotional membership, he or she may only use the membership at the referring Club.
Except in exceptional circumstances, GIGATFIT Clubs are closed on holidays and close for two weeks each year on dates specified at least two months in advance in the GIGAFIT Clubs.
Any loss or destruction of the membership card by the Member must be reported immediately to the referring Club and will result in a fee of 15€ for any new card issued – to be paid on the day the new card is delivered.
The Member certifies that he/she has read the internal rules of the GIGAFIT network of Clubs attached hereto, and undertakes to respect them. Any changes to the rules and regulations for health and safety reasons will be brought to the attention of the Member at the entrance to the GIGAFIT Clubs.
Member may be denied access to GIGAFIT Dubai if he or she fails to comply with the rules set forth in this Agreement.
ARTICLE 3: DURATION – TERMINATION
The Agreement is entered into for the minimum term of commitment as stated in the Membership Agreement.
The Club will inform the Member no later than two months before the end of the minimum term of the Agreement of the possibility of terminating the Agreement by registered letter with return receipt requested (“RPR”) at least one month before the end of the minimum term of the Agreement. Unless the Member gives notice of termination by registered letter within this period, the Contract will be tacitly renewed under the same conditions for an indefinite period, with each party being free to terminate the Contract thus renewed at any time by sending the other party a registered letter indicating its intention to terminate the Contract, subject to an incompressible notice period of one month. During the period of notice, the Member will be liable for all sums due under the Contract until the expiry of the notice period.
3.2: Termination for Health or Professional Reasons
During the minimum term of the Agreement, neither the Club nor the Member may terminate the Agreement – unless – in the case of a termination initiated by the Member and only in the case of an Agreement with a minimum term of at least 6 months – the Member is permanently prevented from benefiting from the services offered by the GIGAFIT DUBAI club for reasons related to his or her state of health or professional activity, i.e., illness or serious accident, death, dismissal or job transfer more than 50 kilometers from the club. In such cases, the Member must notify the Club of his/her intention to invoke this clause by registered letter with supporting documentation, and the termination will take effect on the date the registered letter and supporting documentation are received.
3.3: Termination in case of default
Any breach by either party of any of its obligations under the Agreement or the GIGAFIT Dubai Club Rules and Regulations may result in the termination of the Agreement by the other party one month after receipt of a notice of intention to exercise this option which has remained without effect.
In particular, failure by the Member to comply with his or her payment obligation or opposition to the monthly direct debit by the Member when this is the chosen method of payment shall be considered as a breach of this Contract. If the Agreement is terminated during the minimum term, the Member will be liable for the amounts due under the Agreement until the end of the minimum term – up to a maximum of three-monthly payments – and will also be liable for any unpaid invoices as of the date of termination, as well as for any bank fees charged to the Member’s Club in the event that a direct debit is stopped or rejected.
3.4: Consequences of Termination
Upon termination of the Agreement or for any other reason, the Member shall return the membership card to the Club.
ARTICLE 4: EXTENSION OF THE SUBSCRIPTION
If the Member does not use the subscription during the term of the Agreement, he/she is not entitled to any refund or extension of the subscription.
However, the Member may request an extension of the Contract before its term by registered letter addressed to the referring Club, in the event that the Member is unable to use his or her subscription due to:
● medical or health problems attested to by the submission of a medical certificate demonstrating the inability to use his membership due to a physical condition that does not allow the practice of weight training and cardio-training activities and specifying the duration of the inability; or
● a professional transfer lasting less than 3 months and more than 50 km from the Club and demonstrated by the submission of a certificate from the employer specifying the planned end date of the transfer; or
● the occurrence of a period of inactivity – taking effect after the date of signature of the Contract – of less than 3 months following a dismissal and demonstrated by the submission of a certificate from the employer or the Employment Office indicating the date of the beginning of the inactivity.
In any of these three cases, and provided that the Member has sent the above-mentioned supporting documents with the letter of intent to suspend his or her subscription, the Member’s Contract may be suspended at the Member’s request as of the date of receipt of the said letter.
This suspension will end automatically as of the date of resumption of work indicated on the medical certificate, or the date of the end of the planned transfer mentioned in the employer’s certificate or a period of three months as of the beginning of the period of inactivity. If the subscription is paid by monthly direct debit, the monthly direct debit will be interrupted for the duration of the suspension. In case of payment in one go at the signature of the Contract, the Member will benefit from an extension of his subscription for a period corresponding to the duration of the suspension, and taking effect at the date of the end of the suspension of the subscription. In case of payment by monthly transfer, it is up to the Member to suspend his transfer for the sole duration of the suspension.
ARTICLE 5: PAYMENT
The terms of payment are indicated in the Membership Agreement.
Change of bank address:
In the event of payment by SEPA direct debit and a change in the Member’s bank account details, the Member must submit a new bank identification statement and fill out a new SEPA direct debit mandate for the benefit of the Club. Failure to do so may result in the Member incurring the consequences of an unpaid bill and related bank charges.
In the event of non-payment of any of the monthly subscription payments, the Member’s GIGAFIT membership card will be suspended and he/she will not be able to use his/her subscription until the unpaid amount plus any bank charges are paid. If the Member fails to pay up, or if a second payment incident occurs, this Agreement may be terminated by operation of law to the detriment of the Member – under the conditions set out in Article 3.3. of the General Terms and Conditions.
ARTICLE 6: INSURANCE
The club GIGAFIT DUBAI is insured for the damage, engaging its civil liability, that of its employees and that of its practitioners. However, the Club shall not be held liable for accidents resulting from failure to comply with safety instructions or internal regulations. The Member is encouraged to take out personal insurance with the company of his or her choice to cover any bodily injury he or she may suffer as a result of his or her own actions while exercising in the GIGAFIT Dubai Club. In the event of an accident for which a the club is liable, the Member must make a written declaration within 48 hours by registered letter or by hand-delivered letter, and the Member must also present a medical certificate.
ARTICLE 7: SUPERVISION
The Club is under video surveillance 24 hours a day, 7 days a week. The recordings are placed under the law of protection of personal data and will be kept for 1 month (Law and Freedoms of 6 January 1978 amended in 2004). The Member has a right of access to the recordings which he/she can exercise by sending a letter to the referring Club.
ARTICLE 8: DATA PROTECTION ACT
The information communicated by the Member within the framework of the formation and execution of this Contract is the subject of a computerized treatment by our services, with the aim of ensuring the good execution of the Contract and to communicate to the Member the information relating to the Club GIGAFIT Dubai . In accordance with Law 78-17 of January 6, 1978, known as the “Information Technology and Civil Liberties” law, the Member has the right to access, rectify and oppose any information concerning him or her, which he or she may exercise by sending an e-mail to the head office of the referring Club.
CONDITIONS MAY VARY BY CLUB
Consult your club manager if in doubt.