TERMS AND CONDITIONS

Jesters Jiu Jitsu (the “Gym”) is operated by Jesters Jiu Jitsu L.L.C. (the “Company”) whose principal objective is to provide, fitness, martial arts, jiu jitsu, health and leisure facilities for Members and their guests. The Company’s management (the “Management”) is responsible for the operation of the Gym and the relationship with Members and guests on behalf of the Company. Reference to the Gym, the Company or the Management shall be deemed to include all three where context permits. A Member is a person, or their legal guardian on their behalf, who purchases a membership, day pass or class package (the “Memberships”) from the Gym (“Member”). By purchasing a Membership and/or by accepting these Terms and Conditions, the Member, or their legal guardian on their behalf, acknowledges and understands the contents hereof and agrees to bound by these Terms and Conditions.

For the Purpose of these Terms and Conditions, a “Member” shall include a person who visits the Gym’s website or signs into the Gym’s mobile application, and these Terms and Conditions shall apply mutatis mutandis.

  1. Memberships
    1. Memberships are personal to the Member and are non-negotiable, non-assignable, non-transferable and non-refundable. In exceptional circumstances a transfer will be considered at the discretion of the Management, however, an administration fee may be applicable. A Member may not a third party to use their Membership. The Gym may assign the benefit under these Terms and Conditions as well as any Membership to any person or entity at any time without notice to the Member.
    2. Unless agreed otherwise by the Management, Memberships commence at the time of their purchase.
    3. Any person wishing to enter the Gym without a valid Membership will only be admitted at the absolute discretion of the Management.
    4. The Management reserves the right to periodically review their prices, charges and fees and implement these accordingly.
    5. Memberships are payable as described when purchased.
    6. Failure to use the Gym or non-usage of the Gym’s facilities does not eliminate the obligation to pay all the subscriptions on time, nor grants a refund.
    7. If for any reason your payment method for recurring payments becomes inactive, it is your responsibility to provide the Gym with new one immediately. For payments that default Members will be subsequently charged until the payment is collected. In such cases access to the Gym will be denied until the outstanding fees are paid. A ‘late payment fee’ of AED 100 + applicable taxes may be charged for all late payments.
    8. All amounts payable under this Agreement shall be exclusive of value added tax or similar indirect tax (“VAT”). Where VAT is payable under this Agreement, the consideration for the supply of goods/services shall be increased by an amount equal to the amount of VAT, applicable at the prevailing rate at the time such supply is made. Payment of VAT, as applicable under law, is a prerequisite under this Agreement.
    9. Membership Freezing:

      1. A Membership, subject to the Management’s written approval, may be frozen as follows:

        1. Class packages: No freezing
        2. 1 month duration: No freezing
        3. 3 months duration: No freezing
        4. 1 school term duration: No freezing
        5. 6 months duration: Freezing is allowed for 7 days
        6. 12 months duration: Freezing is allowed for 14 days
    10. Renewals and Cancellations

      1. All Memberships, excluding day passes and class packages, will automatically renew unless the Member provides written notice to the Gym of their intention not to renew their Membership no later than 7 days prior to the last business day of their existing Membership. Therefore, the Gym will continue to deduct Membership fees due until a notice of non-renewal is received from the Member.
      2. All day passes shall automatically expire at midnight of the day that they are used.
      3. All class packages shall expire upon the earlier of; (i) the expiry date mentioned on the package and/or (ii) when the total number of class passes mentioned on the package have been used.
  2. Physical Condition of Members, Waiver of Liability and Health Declaration
    1. The Member hereby understands, acknowledges and agrees that their attendance at the Gym’s premises and/or the training, programs and events held by the Gym, its officers, the Managers, subcontractors, associates, partners, trainers, agents, employees, organizers and/or representatives, may expose them to many inherent risks, including but not limited to accidents, injury, illness, or even death.
    2. The Member assumes all risks of accidents, injury, illness, or even death associated with their attendance at the Gym’s premises and/or my participation in the Gym’s training, programs and events including, but not limited to, falls, injury caused by equipment, contact with other participants, the effects of the weather, including high heat and/or humidity, illness or death as a result of my consumption of food and/or beverages provided by the Gym, at the Gym’s premises or during an event arranged by the Gym, and all other such risks associated with their attendance at the Gym’s premises and/or their participation in the training, programs and events, being known or unknown by them before or after the date hereof.
    3. The Member hereby acknowledges their responsibility in communicating any physical and psychological concerns that might conflict with their attendance at the Gym’s premises and/or my participation in any training, programs, and/or events and agrees that the Gym reserves the right to ask them to not to exercise beyond what is reasonably believed to be their personal ability.
    4. The Member acknowledges that they are physically fit and mentally capable of attending at the Gym’s premises and/or performing the Gym’s physical activities, training, programs, and/or events they choose to participate in.
    5. After having read these Terms and Conditions and knowing these facts, and in consideration of their purchase of a Members and/or acceptance of their attendance at the Gym’s premises and/or their participation in the Gym’s training, programs and/or events, and the Gym furnishing services to them, the Member hereby agrees to HOLD HARMLESS, WAIVE AND RELEASE the Gym, its officers, the Managers, subcontractors, associates, partners, trainers, agents, employees, organizers and/or representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of the Members purchase of a Membership, attendance at the Gym’s premises and/or their participation in the Gym’s training, programs and/or events.
    6. In addition, under no circumstances shall:

      1. The Gym, its officers, the Managers, subcontractors, associates, partners, trainers, agents, employees, organizers and/or representatives, and successors be liable to the Member for any loss of or damage to property or any special, indirect, incidental, consequential, punitive, or exemplary losses or damages; and
      2. The Gym’s total aggregate liability to the Member exceed the lesser of the value of the Members Memberships or AED5,000 (Five Thousand United Arab Emirates Dirhams).
    7. The Member hereby confirms that they have read and understand these Terms and Conditions and the waiver of liability and health declaration contained herein. The Member is aware that this is a waiver and a release of liability and health declaration, and they voluntarily agree to its terms and conditions.
    8. It is the Members responsibility to update the Gym in writing with any information that might affect their ability to engage safely in physical activity at the Gym.
    9. The Member shall not use any of the Gym’s 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.
    10. Members and their guests exercise and use the facilities at their own risk and are advised to consult their physician prior to commencing any type of physical exercise.
    11. Regarding any surrounding areas or facilities that are not under the direct management of the Gym, the Gym accepts no liability for any injury or loss incurred through use of these facilities.
    1. If the Member is below the age of 18, all attendance by the Member at the Gym must be accompanied by a parent or legal guardian.
  1. Dress Code:
    1. Members must dress respectfully and appropriately when attending at the Gym and/or using the Gym’s facilities.
    2. When participating in martial arts or jiu jitsu classes, the Member must dress appropriately, as follows:

      1. Gi Classes – The Member must wear a Gi/Kimono
      2. No Gi Classes – The Member must wear a t-shirt/rash guard and suitable leggings/shorts
    3. Unless otherwise agreed by the Management, when representing the Gym in a competition, the Member will wear Gym branded clothing, Gi’s, rash guards and shorts/leggings.
  2. Expulsion of Members and Termination of Membership for Convenience
    1. The Management may terminate a Members Membership without notice and with immediate effect if:

      1. a Member’s conduct, whether or not such conduct is the subject of complaint by another Member or Members, is such that in the reasonable opinion of the Management, it is harmful to the character and/or interests of the Gym.
      2. If a Member is rude, aggressive or in any way disrespectful to another Member or to any of the Gym’s staff, coaches, this includes foul/bad language.
      3. If any Membership fees or any other due fees or payments remain unpaid after the due date for payment.
      4. If the Gym is of the opinion that the Member is not a suitable individual for continued membership of the Gym.
      5. If a Member is found to have violated the privacy of any other Member or a guest of the Gym, including limited to within the shower and the changing rooms or are caught in lewd or compromising actions, this includes ignoring or disrespecting the Gym’s ‘No Nudity ’policy in the Gym.
    2. Notwithstanding the remainder of these Terms and Conditions, the Management may terminate any Members Membership for convenience by giving the Member no less than 14 days written notice.
    3. A Member whose Membership is terminated by the Management or expires, shall forfeit all the privileges of Membership with immediate effect without claim of any refund of Membership fees paid. On termination or expiration of their Membership, the Member shall return any of the Gym’s property and settle any outstanding debts owed to the Gym, coach or trainer.
  3. PAYMENT
    1. The Gym accepts payment by Visa or MasterCard Debit or Credit cards and Cash in AED for Memberships and other products and services.
    2. Payment confirmation will be sent to the email address provided by the Member.
    3. The Member must retain a copy of transaction records and merchant policies and rules.
    4. The Member shall ensure that its Membership, account and payment details remain confidential.
  4. DATA SECURITY
    1. The Gym may collect certain personal information about the Member including personal details and information about their health and person. The Gym will use this information for purposes including managing the Membership and communicating with the Member.
    2. The Member has a duty to keep their personal information up to date and to inform the Gym of any significant changes.
    3. The Gym will limit access to the processing of and use of your personal information to employees, Management and third party service providers, who may, from time to time, require its use for marketing or other services. In addition, from time to time, the Gym may need to make a Members personal information available to third parties such as legal authorities, our group companies and professional advisors.
    4. The Member acknowledges the Gym’s Privacy Policy found on the Gym’s website.
  5. LOCKERS AND STORAGE

If temporary lockers and storage facilities are provided for the Members, Members shall remove their personal belongings at the completion of their visit. The Gym has the right to open lockers and storage facilities and remove personal belongings that are left in the Gym at the end of each day.

  1. CONDUCT
    1. The Member agrees that any disrespectful, anti-social or offensive behavior towards the Gym’s facilities, staff, coaches and trainers shall constitute a serious breach of the terms of Membership and could result in the immediate loss of Membership and/or being removed from the Gym.
    2. The Gym reserves 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 the Management.
    3. The Gyms social media platforms are intended as a means of creating community, facilitating communications, and providing a forum for the expression of feedback. Inflammatory, inappropriate or abusive posts, including any content which is judged by the 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.
    4. Good personal hygiene is mandatory, and any member who causes offence will be asked to remedy the offending problem or leave the Gym and their Membership may be cancelled by the Management.
    5. 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 any of the Gym’s equipment or facilities.
    6. The Management reserves the right to adjust the operating hours of the Gym for the purpose of maintenance, cleaning, decorating, repairs, events and holidays.
  1. GENERAL TERMS
    1. The Management reserves the right to use any individual or group photographs or video of Members and or guests for press or promotional purposes (by The Gym or its Partners) in both online, television and print sources. The Member irrevocably consents to the use of this content.
    2. These Terms and Conditions may be amended by the Gym or the Management from time to time.
    3. Failure by the Gym or 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.
    4. Members and/or guests are not allowed to photograph or copy any of our facility’s interior designs, promotional materials, tag lines, themes or concepts. The Gym reserves the right to proceed with legal action against any member caught distributing, sharing or supplying such contents to any third-party vendor or competitor.
    5. The Gym’s website may automatically produce search results that reference and/or linked to third party sites. The Gym has no control over these sites or content within them. The Management does not guarantee, represent or warrant that content contained in the sites is accurate, legal and/or inoffensive. The Management does not endorse the content of any third-party site, nor does it make any representations or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Gym’s website to search for or link another site, you agree and understand that you may not make any claim against the Company for any damages or losses, whatsoever, resulting from the use of your site to obtain search results or linked to another site.
    6. These Terms and Conditions and the agreement between the Company and the Member pursuant to Members acceptance of these Terms and Conditions, and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The Company and Member shall attempt in good faith to amicably settle any dispute, controversy or claim arising out of or relating to this agreement, including but not limited to the breach, termination or invalidity thereof. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, which is not settled by agreement between the parties within thirty (30) days shall be finally settled by the DIFC Courts, which shall have exclusive jurisdiction.

JESTERS JIU JITSU LLC