1.INTRODUCTION

Welcome to Fit4It Perfect Sport Coaching LLC. By accessing or using our website, app, or services, you agree to comply with and be bound by the following terms and conditions. Please read these terms carefully before using our services. If you do not agree with these terms, you should refrain from using our website, app, and services.

2. DEFINITIONS

“Company” refers to Fit4It Perfect Sport Coaching LLC also being referred to as “Fit4It”, “we” or “us”.

“Client” refers to any individual who engages with the Company for fitness services.

“Website” refers to our official website [www.fit4it.ae].

“App” refers to our mobile application available on applicable platforms.

“Services” refers to the fitness training services provided by the Company, including but not limited to personal training, group sessions, online consultations, and any other services offered through our website or app.

3. ACCESS TO DIGITAL PROPERTIES

Website and App Access: The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website and app strictly in accordance with these terms and conditions.

Eligibility: You must be at least 18 years old to use our services. By accessing our digital properties, you represent and warrant that you are at least 18 years of age and that you will comply with all applicable laws and regulations while using our website and app.

Account Security: You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account.

4. AVAILABILITY

Service Availability: The Company strives to ensure that our services are available 24/7. However, we do not guarantee uninterrupted access to our digital properties. The Company reserves the right to suspend or discontinue any aspect of the website or app at any time without prior notice.

5. YOUR ACCOUNT

Account Creation: To access certain services, you may be required to create an account with accurate and complete information. You agree to update your account information to keep it accurate, current, and complete.

Account Termination: The Company reserves the right to suspend or terminate your account if we believe that you have violated these terms or engaged in any activity that may harm the Company or its users.

6.LINKED SITES

Third-Party Links: Our website and app may contain links to third-party websites. These links are provided for your convenience only, and the Company is not responsible for the content or practices of any linked sites. Accessing these sites is at your own risk, and we encourage you to review their terms and policies.

7. PROHIBITED CONDUCT

You agree not to:

• Use our website or app for any unlawful purpose or in violation of any local, state, national, or international law.
• Post or transmit any content that is defamatory, obscene, harmful, or otherwise objectionable.
• Attempt to gain unauthorized access to any part of our website, app, or server.
• Interfere with the proper functioning of our services, including transmitting any harmful code or disrupting the network or servers.
• Engage in any activity that could harm the Company’s reputation or interfere with other users’ enjoyment of our services.

8. INTELLECTUAL PROPERTY

Ownership: All content on the Company’s website and app, including but not limited to text, graphics, logos, images, and software, is the property of Fit4It Perfect Sport Coaching LLC or its content suppliers and is protected by applicable intellectual property laws.

Usage: Clients are granted a limited, non-exclusive, non-transferable license to access and use the website and app for personal, non-commercial purposes. Unauthorized use, reproduction, or distribution of the content is prohibited.

Comments and Unsolicited Ideas: The Company welcomes feedback and comments. However, any ideas, suggestions, or feedback you provide will be considered non-confidential and non-proprietary. The Company is free to use, disclose, or exploit any such ideas without restriction or compensation to you.

9. COPYRIGHT POLICY

Fit4It Sport Coaching LLC may terminate the privileges of any user who uses this Website to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If you submit information to this Website, you warrant that the information does not infringe the copyrights or other rights of third parties.

10. DATA SECURITY

Security Measures: The Company takes reasonable measures to protect the personal information of clients. However, we cannot guarantee the absolute security of data transmitted over the internet or stored electronically. By using our services, you acknowledge and accept the inherent risks of data transmission and storage.

Breach Notification: In the event of a data breach, the Company will notify affected users in accordance with applicable laws and regulations.

11. PRIVACY

Privacy Policy: Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to the practices described in our Privacy Policy.

Third-Party Sharing: The Company does not share personal information with third parties without the client’s consent, except as required by law or to protect the Company’s rights and interests.

12. PERSONAL TRAINING DEVICES

Customized Services: Fit4It Perfect Sport Coaching LLC provides personalized fitness training services, including body recomposition, martial arts, yoga, nutrition consultancy, emotional resilience training, and meditation. Services are tailored to each client’s goals and needs.

Health and Safety: Clients must ensure they are physically and medically fit to participate in the training sessions. It is the client’s responsibility to inform the trainer of any medical conditions, injuries, or limitations that may affect their participation.

Trainer’s Discretion: The Company or the trainer from the Company providing the fitness training  reserves the right to modify or discontinue any exercise or activity if deemed unsafe or inappropriate for the client.

13.FEES

Service Fees: The Company reserves the right to charge fees for services provided. The fee structure may vary based on the type of service, duration, and any applicable promotions. The Company reserves the right to change fees at its discretion and will notify clients of any changes before they take effect.

14. FREEZING OF CLIENTSHIP

Monthly Freezing: Clients may freeze their Clientship once every month for a maximum of 15 days. During this period, no services will be provided, and no fees will be charged.

Extended Freezing: If a client requires freezing for more than 15 days, they should contact the Company at hello@fit4it.ae or info@fit4it.ae . Extended freezing requests will be reviewed on a case-by-case basis and may be granted at the Company’s discretion.

15. PAYMENTS

Payment Terms: All services must be paid for in advance as per the payment options available on our website or app. Payment can be made through credit/debit cards, online bank transfers, or any other method specified by the Company.

Payment Disputes: Any disputes regarding payments must be raised within 30 days of the transaction. The Company reserves the right to review and address disputes on a case-by-case basis.

16. SESSION FORFEITURE AND CARRY FORWARD

Utilized sessions of any month will be forfeited. The Company may allow some sessions to be carried forward in case of being unutilised for certain plans. The Company has the sole discretion to decide on the number of sessions allowed to be carried forward and change this number from time to time. A maximum of 4 sessions can remain carried forward at the end of any month for only Clients who have subscribed to Gold and Platinum packages.

17. DISCOUNTS

Promotional Offers: The Company may offer discounts or promotional offers from time to time. These offers are subject to specific terms and conditions, and the Company reserves the right to modify or withdraw them at any time without prior notice.

Rewards Program: Fit4it may offer loyalty points (referred to as ‘claps’) on sessions purchased and utilized by Clients. Clients may redeem such points against sessions, packages, or third-party benefits as may be published by the Company from time to time. The terms of use of such rewards program may change at any time as published on the Company’s digital properties and/or notified to users at any time by the Company or its affiliates.

Non-Transferable: Discounts and promotional offers are non-transferable and cannot be exchanged for cash or combined with other offers unless explicitly stated.

18. NO REFUND AND CANCELLATION POLICY

Refunds: All payments made to the Company are non-refundable. Once a purchase is made, clients are not entitled to a refund unless otherwise specified in these terms or required by law.

Session Cancellation: Clients must notify the Company at least 12 hours in advance if they need to cancel or reschedule a session. Failure to do so may result in the session being charged in full.

Company Cancellations: The Company reserves the right to cancel any session at its discretion. If the Company needs to cancel a session, we will make every effort to reschedule the session at a mutually convenient time.

Cancellation of Services: The Company reserves the right to cancel any service at its discretion. In such cases, the Company will offer a replacement service or credit to the client.

Cancellation policy is explained in detail in the Payments and Cancellation Policy page of www.fit4it.ae

19. GENERAL

Third-Party Rights: These terms do not confer any rights on any third party.

Entire Agreement: These terms constitute the entire agreement between the client and the Company and supersede all prior agreements, understandings, or arrangements.

Relationship of the Parties: Nothing in these terms shall be construed to create a partnership, joint venture, or agency relationship between the parties.

Further Assurances: Each party agrees to execute and deliver such documents and take such actions as may be necessary to carry out the intent and purpose of these terms.

Assignment: The client may not assign or transfer any of their rights or obligations under these terms without the Company’s prior written consent.

Amendment: The Company reserves the right to amend these terms at any time. Any amendments will be posted on the website and app and will take effect immediately.

Sever-ability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Force Majeure: The Company shall not be liable for any delay or failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, war, natural disasters, and labour disputes.

No Waiver: The failure of the Company to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

Survival: The provisions of these terms that by their nature should survive termination shall survive any termination of the agreement.

20. ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

By accepting these Terms & Conditions, the Client is accepting this agreement, the provision of personal training services by Fit4It Sport Coaching LLC to the Client, and the Client’s use of any premises, facilities, or equipment, are contingent upon this agreement.

To the maximum extent permitted by law, Fit4It Sport Coaching LLC makes no representations or warranties regarding the fitness features and is not responsible for your use of or reliance on any such fitness features. You acknowledge and agree that your decision to rely on and/or use any fitness feature and/or attend a session with a trainer is at your sole risk, and, to the maximum extent permitted by applicable law, Fit4It Sport Coaching LLC will not be liable for any claim, loss or damage, including personal injury and death, special, exemplary, punitive, incidental or consequential damages arising out of or in connection with your reliance on or use of any fitness feature and/or in any way connected to attendance of sessions with a trainer booked through the digital properties of Fit4It Sport Coaching LLC

 Assumption of Risk:

You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury including loss of life and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by the Company or otherwise, including injuries or damages arising out of the negligence of the trainer from Fit4It Sport Coaching LLC, whether active or passive, or any of the Company’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby, or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of the trainer from Fit4It Sport Coaching LLC or otherwise.

If you experience any pain, difficulty, dizziness, illness, or discomfort, when using any fitness feature, stop and consult your physician or seek emergency medical attention immediately

To the maximum extent permitted by law, in no event will , Fit4It Sport Coaching LLC, its parents, subsidiaries or other affiliates, or any of its or their respective officers, directors, shareholders, employees, contractors, service providers, agents, successors and assigns (collectively, “Fit4It parties”) be liable to you or any other person for any direct, consequential, indirect, incidental, special, punitive, or exemplary damages, including without limitation for loss of use, lost data, lost business or lost profits, arising out of or in connection with the digital properties and/or services and/or these terms. In the event that the Company is liable for damages despite the foregoing provision, you agree that the Company’s aggregate liability to you for any and all causes of action in relation to any order, sale or delivery of any product or service by Fit4It Sport Coaching LLC under these terms shall not exceed the price of the product or service giving rise to such claim.

 Release:

You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Fit4It Sport Coaching LLC (and the its affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of the Trainer, whether active or passive, or any of the Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability include, without limitation, injuries that may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises, or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from the Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.

 Indemnification:

By executing this agreement, you hereby agree to indemnify and hold harmless the Trainer from any loss, liability, damage, or cost the Trainer may incur due to the provision of personal training by the Trainer to you.

 Acknowledgments:

You expressly agree that the foregoing release, waiver, assumption of risk, and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the United Arab Emirates and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that the Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. The Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by the Trainer. You acknowledge and agree that the Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk, and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against the Trainer for the Trainer’s negligence, or for any defective product used while receiving personal training from the Trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

21. TERMINATION

Termination by Client: The client may terminate their use of the Company’s services at any time by providing written notice to the Company.

Termination by Company: The Company reserves the right to terminate or suspend access to services for any reason, including breach of these terms, without prior notice.

Effect of Termination: Upon termination, all licenses granted under these terms shall immediately cease. Sections regarding intellectual property, limitation of liability, indemnity, and other provisions which by their nature should survive termination shall continue to apply.

22. CONTACT US

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:

Fit4It Perfect Sport Coaching LLC. 

Email at: hello@fit4it.ae, or info@fit4it.ae.

23. GOVERNING LAW

These terms and conditions are governed by and construed in accordance with laws of the United Arab Emirates as applicable in the Emirate of Dubai. We both agree that the courts of DIFC shall have exclusive jurisdiction.

We will not trade or provide services to OFAC and sanctioned countries.