Terms & Conditions

Membership

i. Membership is for the sole use of the registered applicant and is non‐transferable and non‐refundable.

ii. Membership entitles Members to participate in timetabled Exercise Classes which are held inside or directly outside various facilities. We offer different types of membership and the types of memberships offered by us may change from time to time.

iii. Visit OMNI Performance www.omniperformance.ae if you would like further details of different types of membership that are available. Each category of membership has different restrictions, conditions, and benefits.

iv. All new memberships are subject to the completion of a membership application form and subsequent approval of the gym management. Acceptance of an application for Membership to the facility is at our absolute discretion (although we will exercise our discretion reasonably and in compliance with applicable laws).

v. Membership fees are payable in advance through our online payment portal.

vi. Membership and administration fees are non‐refundable upon registration or termination of membership regardless of reason for the aforementioned.

Membership Suspension

i. Group Training Members may freeze their membership for a maximum of 1 week on a 1-month package.

ii. Personal Training Transformation packages will run to a pre-agreed schedule and all sessions must be completed within the expiry time frame. Extensions or freezes for these packages are based on pre-approval from OMNI Performance.

iii. Personal Training and Semi Private Personal Training packages must be completed within the required timeline; 8 session packages expire in 2 months; 12 session packages expire in 2 months; 16 session packages expire in 2 months. Extensions or freezes for these packages are based on pre-approval from OMNI Performance.

iv. A member must give at least one week’s notice to OMNI Performance advising of the intention to freeze. This freeze request should be email to info@omniperformance.ae so you have proof of your request.

v. Membership suspension period may not be used as notice period with respect to membership cancellation.

vi. Online Training packages have a validity of 1 month from the start date.

Membership Termination

i. Termination of a membership can happen at any time; however, no refunds will be given.

General

i. You are respectfully requested to leave the facility punctually at time of closing. Opening and closing times are displayed in the facility reception and on the website.

ii. With the exception of bringing water to an exercise class, you must not consume any food or drink inside the facility that you have bought in from outside. You may not bring, use or be under the influence of illegal drugs or alcohol while at the classes.

iii. Smoking is prohibited in all areas of the facilities.

iv. We reserve the right to show potential Members and other individuals the facilities or allow them access on a trial basis.

v. We reserve the right to use any individual or group photographs or movie shots of you for press or promotional purposes.

vi. You may not bring pets (other than guide dogs) into the facilities.

vii. You should conduct yourself in a well‐mannered fashion when in the facility, so as not to impair the use and enjoyment of the facilities by any other person. In particular, you may not use foul, loud or abusive language, nor will you molest or harass other members, guests, visitors or members of staff.

viii. We may terminate your Membership (if applicable) and may eject you and refuse you re‐entry to the facilities if you commit a serious or repeated breach of these Rules or your Membership contract (if applicable) or you engage in any other serious misconduct.

Gym & Studio Attendance

i. You must complete a Pre‐Activity Questionnaire before participating in any gym activity, studio or exercise class for the first time.

ii. Appropriate clean exercise clothing and shoes must be worn whilst exercising.

iii. You are asked to arrive at the facility five (5) minutes prior to any class. We reserve the right to: refuse to re‐book an appointment for you if you repeatedly cancel (with less than 2 hours’ notice) or fail to keep an appointment for class bookings.

iv. You may not attend the facility whilst under the influence of alcohol or anticoagulant, antihistamines,

beta‐blockers, narcotics, or tranquilizers. If you have high or low blood pressure, heart disease and/or diabetes you should consult your doctor prior to becoming a member of the facility.

Exercise Classes

i. Classes must be pre‐booked to ensure your place is reserved in a given class. We reserve the right to limit your participation to no more than one exercise class per day during periods of excessively high demand or popularity.

ii. Class timetables and instructors are subject to change from time to time without notice.

iii. For your safety and so as not to disturb classes, you are requested to arrive in good time. Instructors reserve the right to refuse class entrance to anyone arriving more than five (5) minutes late.

iv. Where, in the opinion of an instructor, a class is overcrowded, the instructor may restrict the number of attendees at that class. An instructor may, at any time, ask you to leave a class if you are jeopardizing the safety or enjoyment of others.

v. No more than 20 persons are permitted in any given class. Places will be given to pre‐booked members before any other members. Any pre‐booked members arriving late for a class, will forfeit their space.

Lockers (Where available)

i. Lockers are made available subject to availability. OMNI Performance does not undertake that use of a locker will guarantee that no theft of or damage to your property will occur. You should check that your household contents or other insurance policy protects you against any risk of theft.

ii. Lockers are available for use only whilst you are using the facilities at that time. Lockers must be cleared by members after each visit.

iii. Locker keys remain the property of the respective gym and locker keys must not be taken from the premises at any time. A replacement fee shall be charged for any loss of locker key.

Car Parking

i. We will not be held accountable for missed classes due to parking availability.

Health and Safety

i. Participation in any of the activities at the facility or with OMNI Performance is at the members & guests own risk and as such are advised to consult a medical practitioner prior to commencing any physical exercise.

ii. OMNI Performance accepts no responsibility for loss or damage to a members’ or their guests’ property or for death/injuries sustained while participating in any activities or classes provided by OMNI Performance. Members and their guests agree that no claims will be made against the company, OMNI Performance, the management or staff for any reason whatsoever.

Website Terms & Conditions

OMNI Performance maintains the www.omniperformance.ae Website (“Site”). The following are the terms of use that govern use of the Site (“Terms of Use”). By using the Site you expressly agree to be bound by these.

Terms of Use and the OMNI Performance privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. OMNI Performance reserves the right to change these Terms of Use at any time, effective immediately upon posting on the site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, OMNI Performance may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

Limited License

You are granted a limited, non‐exclusive, revocable and non‐transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. OMNI Performance may change, suspend, or discontinue any aspect of the Site at any time. OMNI Performance may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

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, and 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 OMNI Performance to do so. You also agree not to deep‐link to the site for any purpose, unless specifically authorized by OMNI Performance. The content and software on this Site is the property of OMNI Performance.

Representation 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 OMNI Performance 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.

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 OMNI Performance prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. OMNI Performance 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 & Search Results

The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. OMNI Performance no control over these sites or the content within them. OMNI Performance does not guarantee, represent, or warrant that the content contained in the sites is accurate, legal and/or inoffensive. OMNI Performance 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 OMNI Performance 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.

OMNI Performance may terminate the privileges of any user who uses this Site 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 Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

Intellectual Property

Although OMNI Performance is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information, and other materials made available to users through OMNI Performance system. The On‐line Materials are OMNI Performance intellectual property and are protected by U.S. and international intellectual property laws. The On‐line Materials may not be copied or redistributed either in whole or in part without prior written consent of OMNI Performance, except as expressly and specifically permitted under these Terms of Use. The Online Materials are and will remain the exclusive property of OMNI Performance. All rights, titles and interests in and to the On‐line Materials will be and remain vested solely in OMNI Performance.

Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign, or otherwise convey the On‐ line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title, or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On‐line Materials to create a product for resale or to use the On‐line Materials in any way that competes with OMNI Performance.

You acknowledge and agree that OMNI Performance will own all rights, titles, and interests in and to any copy, translation, modification, adaptation, derivative work, or improvement of the On‐ line Materials made by or for you. At OMNI Performance request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles, or interests to company or perfect these rights, titles or interests in OMNI Performance name.

Disclaimer of warranty, limitation of damages. OMNI Performance 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.

OMNI Performance 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. OMNI Performance shall not be liable for any direct, 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 OMNI Performance 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 OMNI Performance would in such case be limited to the greatest extent of liability permitted by law.

Violation of Terms of Use

You understand and agree that in OMNI Performance sole discretion, and without prior notice, OMNI Performance may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if OMNI Performance believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of OMNI Performance, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to OMNI Performance for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations. OMNI Performance may release user information about you if required by law or subpoena. OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. OMNI Performance will NOT deal with or provide any services to individuals or companies located in OFAC sanctioned.

Applicable Law

The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

Indemnity. You agree to indemnify and hold OMNI Performance, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

License Granted to You

By providing materials to OMNI Performance, 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 OMNI Performance 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. OMNI Performance 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 OMNI Performance for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to OMNI Performance. Any communication or materials you send to OMNI Performance will be treated as non‐ confidential and non‐proprietary and may be disseminated or used by OMNI Performance for any purpose, including, but not limited to, developing, creating, manufacturing, or marketing products or services.

Advertising

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. OMNI Performance is not responsible for the acts or omissions of any advertiser or sponsor.

Site Operation

OMNI Performance controls this Site from the U.A.E. OMNI Performance 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.

Purchases

OMNI Performance Website Policies and Terms & Conditions would be changed or updated occasionally to meet the requirements and standards. Customers will be notified about these changes as well as the Payment Gateway Provider. OMNI Performance accepts payment by Visa or MasterCard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of OMNI Performance. All refunds will be made onto the original mode of payment. The cardholder must retain a copy of transaction records and Merchant policies and rules