Terms and Conditions
All of the membership rules contained herein apply equally to members, temporary members and guests alike.
- All reference to the ‘MTS’ refers to Movement Therapy Studio Fitness Centre LLC, its staff, employees, sub-contractors, agents and representatives. Facilities refer to the fitness studios, reception area, corridors, assessment room and changing rooms where applicable.
- Members of the studio are bound, as a condition of membership, to comply with the rules set out below. This is to ensure that the facilities are properly and safely used and that all members have full advantage of them without interfering with the enjoyment of others
- MTS maintains the website movementherapystudio.ae(the “Website”).
- Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
- United Arab of Emirates is our country of domicile.
- Minors under the age of 18 are prohibited to register as a user of this website and are not allowed to transact or use the website.
- If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
- The cardholder must retain a copy of transaction records and Merchant policies and rules.
- We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currencies).
- All memberships are non-transferable.
- All members must be over 15 and, if under 18, must have parental consent.
- MTS is a private members club and the management reserve the right to refuse membership to any individual without cause.
- Membership commences upon the payment of the applicable membership fee and the acceptance of these terms and conditions on the Website an may be renewed online by payment of the prevailing fee and in accordance with the terms and conditions then in force.
- By joining MTS, members automatically accept and agree to be bound by these conditions of membership.
- MTS may withdraw use of all or part of the facilities for the purpose of undertaking maintenance work or any other work considered necessary.
- Entry will only be permitted to those with a valid membership, in date and in credit. If you have an amount due to be paid on your account you won’t be able to enter the facilities.
- MTS may make reasonable changes to these terms and conditions from time to time, provided that you are given advance notice of these changes.
- You confirm that you have truthfully answered all of the questions in the health declaration form that form part of your membership application process.
- You exercise at your own discretion and accept any injury or illness brought on by exercise is your own responsibility. You will refrain (and may be barred) from using the facilities if you are ill, injured or suffering from cuts or abrasions that may constitute a public health concern.
In the event of a breach of membership rules and regulations MTS reserves the right of admission and may reserve the right to require any member or guest to leave the premises. Any member found in breach of rules or committing an illegal act, including theft, will be asked to permanently leave the club and be barred from ever entering the club again.
Members may, at the time of joining, choose between Fixed Term or Flexible membership packages on the Website. Members may choose between 1, 3, 6 or 12 month Fixed Term packages which entitle members unlimited membership of MTS during the selected membership period and which are payable in advance. Flexible packages entitle members to a certain number of classes in an activity or discipline offered at MTS and which must be used within a certain time period. All available packages will be available on the pricing section of the website.
FEES & CHARGES
- All membership or other fees and other charges are inclusive of VAT and other sales and service taxes.
- Monthly Recurring Payments for Fixed Term memberships must be paid in full in advance. The first Monthly Recurring Payment will be collected from you by charging your debit or credit card at the time of your application to become a member. Subsequent Monthly Recurring Payments will be deducted thereafter by debiting the same card unless you advise an alternative payment
- If any Monthly Recurring Payment is returned unpaid you will be charged an administration fee of AED 100. We may suspend your membership as a result of repeated returned payments. You are obliged to make Monthly Recurring Payments during the course of your membership regardless of your actual use of the facilities. If you fail to pay any amount due under this agreement for a period of more than thirty days, we may pass your 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.
- Once you have completed the initial term of your Fixed Term membership we will automatically continue collecting Monthly Recurring Payments in the amount previously charged and your membership will be automatically extended by one month for each such payment collected. At the end of your Fixed Term membership, you may cancel the automatic monthly renewal at any time by giving 30 days’ notice through the relevant page on the Website.
- We understand that circumstances change and that you may need to cancel a Fixed Term membership before the expiry of its term. Fixed Term memberships may be cancelled at any time by giving us notice through the Website and making a lump sum payment equal to 50 per cent of the remaining Recurring Payments which you would have paid during the remaining period of your Fixed Term membership.
- You may also suspend your Fixed Term membership for a period of between one and three months as a result of illness or injury. Any request for a suspension must be accompanied by a medical certificate. A one-off suspension fee of 100 AED will be charged for each suspension. Suspensions cannot be backdated.
- 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.
- You, as the cardholder must retain a copy of transaction records and merchant policies and rules.
- You are responsible for maintaining the confidentiality of your membership account and payment details.
- We will not store, sell or in any way share your credit/debit cards’ details and any other personally identifiable information with any third parties.
- Whilst we take appropriate steps to ensure your data privacy and security MTS does not guarantee the security of any information that is disclosed online.
DELIVERY / SHIPMENT POLICY
- Movement Therapy Studio will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
- Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
REFUND AND CANCELLATION POLICY
Refunds will be done only through the original Mode of Payment.
- Lockers are provided for the use of members.
- Lockers may not be used overnight. Members who do so are liable to find that the lockers are opened and locker contents removed. Removal of such items is strictly at the members own risk.
MTS reserves the right to vary the opening hours as considered necessary for the proper operation of the facility.
SAFETY & HYGIENE
- Throughout the course of your membership with the studio, regular health and medical screening should be sought from your general practitioner.
- Before using any of the fitness studios, you should go through a basic introductory session with one of the fitness staff, followed by further sessions (as necessary) to ensure that you understand the equipment and adopt a safe training regime that suits your needs.
- It is necessary that all members and guests of the club wear appropriate, clean attire and footwear when using the fitness studios. Pilates socks must be worn in the fitness studios. Nudity is strictly prohibited in the facilities and members must use the private changing cubicles as appropriate. Smoking is strictly prohibited in any of the facilities.
- If you feel dizzy, faint, unwell or feel any unusual pain then you must stop exercising and inform a member of staff immediately.
- In the interest of hygiene members must wipe down each piece of equipment after use. Good personal hygiene of members is mandatory.
- Fitness studio users are advised to inform the instructor of any injuries, pains or concerns prior to the class starting.
YOUR RIGHTS AND RESPONSIBILITIES USING THE WEBSITE
- By using the Website you agree to be legally bound by these terms and conditions. If you do not agree to be legally bound by all the following terms you should not access the Website or communicate in any way with the server hosting the Website, namely, but not limited to movementherapystudio.ae
- Henceforth in this legal declaration, you the Website user, or associated parties will be known as either “you” or “the client”. We, Movement Therapy Studio Fitness Centre LLC will be known as “we”, “us” or “our company”, our general or individual assets will be addressed by the prefix “our”.
- You agree that we reserve the right to change these, or any, terms and conditions, content and/or declarations without prior notification, and changes made come into immediate effect upon being presented here. When such changes are made, you may revoke your agreement by engaging with our company online using this or any website, or continue to accept such changes.
- You may not broadcast, copy, download, frame, reproduce, republish, post, transmit or otherwise use our websites content appearing on our website, or any other media, in any way except for your own personal, non-commercial use. Any other use of such content requires permission of our company.
- You agree only to use our website, and associated services for completely lawful purposes, in a way that does not infringe the rights of, restrict or inhibit the use or enjoyment of this site by any third party. Prohibited behavior includes but is not limited to defamation, damaging the security of our website, harassing or causing distress or inconvenience to any person, damaging content on our website, transmitting obscene or offensive content or anything which may affect the effective operation of our website.
- We reaffirm, hacking, damaging or otherwise compromising the security of this website is unlawful and will be treated as criminal damage in a UAE court of law.
- The content of the Website, is provided on a “As Is” and on an “voluntary access” basis without any representations or any kind of warranty whether express, implied or statutory of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- We will not be liable for any damages, including consequential damages, or any damages arising from the loss of use, interruption of trade, financial loss or damages, whether in contract, negligence or other tortious action, arising from or in connection with the use of the Website.
- We refuse to accept any responsibility for the failure and/or actions of third parties, and content and communication interception which may occasionally occur using the Website or associated services.
- Any third party content hosted or otherwise presented on the Website is copyright of its respective owners. We do not accept liability for any loss or damage in transmission of such content and in turn do not accept any liability for how content may be misused by users of the Website.
- If you notice any third party, unauthorized content displayed on our website or otherwise communicated or transmitted by our company, please contact us.
- We are not responsible for the availability or content of any third party websites or material accessed through our website. We purposely do not monitor third party content available through third party websites and/or links as a disclaimer of liability for such content.available from third party sites. Third party sites linked through the Website are not covered by our terms of service, and hence you must review their policies appropriately.
DISCLAIMER OF LIABILITY FOR LEGAL DECLARATIONS
- If any provisions of these terms and conditions are found to be illegal, outdated, less legally preferable in a legal action or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect. We refuse to accept liability for parties who do not make us openly aware of faults and later deny such observations in legal action.
- SITE OPERATION: United Arab Emirates is our Country of Domicile. MTS controls this Site from the U.A.E. MTS 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. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
- REPRESENTATIONS BY YOU: By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to MTS through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
- PERMITTED USE: You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by MTS to do so. The content and software on this Site is the property of MTS. The cardholder must retain a copy of transaction records and Merchant policies and rules.
- YOUR ACCOUNT: If you use MTS Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be 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, your failure to comply with this section to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A
NO COMMERCIAL USE
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain MTS prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. MTS will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
LINKS AND SEARCH RESULTS
The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. MTS has no control over these sites or the content within them. MTS does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. MTS 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 MTS for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at email@example.com.
MTS may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. MTS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. MTS ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. MTS SHALL NOT BE LIABLE FOR ANY
DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. MTS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. MTS ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. MTS SHALL NOT BE LIABLE FOR ANYDIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF MTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF MTS WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
LICENCE GRANTED TO YOU
By providing materials to MTS, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted MTS an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. MTS may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against MTS for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to MTS. Any communication or materials you send to MTS will be treated as non- confidential and non-proprietary and may be disseminated or used by MTS for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. MTS is not responsible for the acts or omissions of any advertiser or sponsor.
A 24 hour notice is required for session cancellation. We reserve the right to charge for appointments, cancelled or broken without 24 hours advance notice. A client will be hindered from booking via the client portal/mobile application after 3 no shows for a period of 21 days.
All service packages are nonrefundable, nontransferable, and expire as per policy from initial date of use.
If a client is 5 minutes late for a group class, the client may need to reschedule for another appointment. For clients being late for private classes, it will still end as per session time after the scheduled start time or considered being utilized.