BARRE EFFECT TERMS AND CONDITIONS
These terms and conditions (“Terms”) are made between Barre Effect Ladies Physical Fitness Club (“Barre Effect”, “our”, or “we”) and you (also referred to as “User/(s)) and apply to the Barre Effect website https://www.barreeffectdxb.com/ and any mobile application operated by Barre Effect (collectively, the “Website”). Please read these Terms carefully, as they impact your legal rights.
By accessing the Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Barre Effect’s Privacy Policy. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website or attend or participate in any Class.
1. ELIGIBILITY
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these Terms, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, your use of the Website and your agreement to be bound by these Terms is deemed to have been duly authorised by your legal guardian and you confirm that you have sought and obtained all consents which You are or may be required to obtain for the purposes of using this Website and the Barre Effect services.
2. USER ACCOUNT
2.1 Password and Security
In order to access some of our services, you will need to set up an account on the Website. You are the sole authorised user of your account and are responsible for maintaining the secrecy and confidentiality of your username and password. You are solely liable for all activities that transpire on or within your account and for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of these Terms. You agree to immediately notify Barre Effect of any unauthorised access or use of your account or password or any other breach of security. Barre Effect shall not be held liable for any loss and/or damage arising from any failure to comply with this provision of the Terms.
2.2 Accurate information
You agree to provide true, accurate, current and complete information about yourself on any registration form required on the Website and to maintain and promptly update such information. We reserve the right to deactivate or terminate your User Account in the event you breach or Barre Effect has reasonable grounds to believe you have breached this provision of the Terms.
3. AVAILABILITY OF THE WEBSITE AND DISCLAIMERS
Any online facilities, tools, services or information that Barre Effect makes available through the Website (“Services”) is provided “as is” and on an “as available” basis.
To the maximum extent permitted by law, Barre Effect provides no warranties (express or otherwise) that the Services will be: i) be free of defects and/or fault; ii) meet your requirements; iii) be uninterrupted, timely, secure or error-free; iv) meet your expectations; or v) be corrected if the Services contain any errors. Barre Effect is under no obligation to update information on the Website.
We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, however, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
We accept no liability for any disruption or non-availability of the Website. We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
4. CLASSES AND DISCLAIMERS
All classes are provided on an “as is” and on an “as available” basis. We make no representations or warranties that the classes are or will be: i) timely; ii) uninterrupted or error-free; iii) meet your expectations; or iv) that defects will be corrected. We do not guarantee that you will be able to participate in classes at times of your choosing. Barre Effect’s entire liability and your exclusive remedy with respect to the classes will be the refund of the purchase price for any classes found to be inadequate. Barre Effect may, at its sole and absolute discretion, cancel or temporarily suspend any of its classes.
5. INDEMNIFICATION AND RELEASES
By participating in the Barre Effect exercise classes and using the Barre Effect studio facilities and equipment (“Barre Effect Workout”), you hereby agree to release and discharge from liability arising from negligence, Barre Effect Ladies Physical Fitness and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as "Releasees"), on behalf of yourself, your children, children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
5.1 You acknowledge that participation in the Barre Effect Workout has certain, inherent, known and unanticipated risks which could result in physical injury, emotional injury, paralysis, permanent disability, death, and/or property damage. You understand such risks simply cannot be eliminated, despite the use of safety equipment and the care taken to avoid injuries.
5.2 You expressly accept and assume all of the risks inherent in the Barre Effect Workout or that might have been caused by the negligence of the Releasees.
5.3 Your participation in Barre Effect Workout is purely voluntary and you elect to participate despite the risks.
5.4 You hereby represent that you have no medical or physical condition that would prevent you from participating in the Barre Effect Workout or that would put you in any physical or medical danger. If at any time you believe that you are unable to participate due to physical or medical conditions, then you will immediately discontinue participation.
5.5 You hereby assume full responsibility for any and all risks of bodily injury, property damage or death to you due to the negligence of Barre Effect and its agents and the negligence, or wilful misconduct of any third party, including, but not limited to, others participating in the Barre Effect Workout.
5.6 You hereby, on behalf of yourself, your children, children, parents, heirs, assigns, personal representative and estate, voluntarily release, waive, forever discharge, and agree to indemnify the Releasees, from any and all claims, demands, or causes of action whatsoever arising out of or relating to any loss, expense, damages or injury, including death, that may be sustained by you, or to any property belonging to you, whether caused by the negligence of Barre Effect or which are in any way connected with Your participation in the Barre Effect Workout, to the fullest extent permitted by law.
5.7 If any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
5.8 These provisions in the Terms supersede all prior discussions and agreements with respect to the Barre Effect Workout classes and shall be interpreted according to the laws of the UAE without regard to choice of law provisions.
6. LIMITATION OF LIABILITY
To the extent permitted by law, Barre Effect will not be liable for indirect, incidental, special or consequential loss or damage of any kind, in contract, tort (including negligence) under any law otherwise arising out of or in any way connected to these Terms, your use of the Website or your participation in any Barre Effect classes.
7. PRIVACY
Personal data that you provide regarding yourself will be handled in accordance with our Privacy Policy, which is incorporated into these Terms by this reference. To view the Privacy Policy, please click on the following https://www.barreeffectdxb.com/privacy-policy.
8. WEBSITE LINKS
Either Barre Effect or any third parties may provide links to other websites and/or resources. Thus, You acknowledge and agree that Barre Effect is not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, You acknowledge and agree that Barre Effect shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
9. INTELLECTUAL PROPERTY
All content (“Content”) included on the Website, unless uploaded by Users, is the property of Barre Effect. In these Terms, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. You must not reproduce, modify, copy, distribute or use for commercial purposes any Content without our written permission.
All of our trade marks, logos and straplines used on the Website are owned by us and may not be used without our prior written consent. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
10. TERMINATION OF ACCOUNT OR SERVICE
We may terminate your User account or right to access the Website at any time, without notice, in the event you breach any of these Terms.
11. BOOKINGS, CANCELLATIONS AND REFUNDS
11.1 Bookings
-Reservations: Reservations can be made in-studio, by telephone, via our online reservation system or app.
-Classes are non-refundable: Single classes, class packages and special promotions are non-refundable.
-Advance Payment: All classes must be paid for in advance at the time of booking. Payment can be made by debit or credit card either online or in-studio.
-Attending a class from a waitlist: You may wish to add your name to a class waitlist. Classes will be made available on a first come, first served basis and notified via e-mail. If you are added to a class from a waitlist, you must confirm your reservation at least 3 hours prior to the start of the class otherwise the spot will be given to the next waitlisted client. Waitlist confirmations may be made in-studio, by telephone or via our online reservation system or app.
-Switching classes: You may switch classes provided both the class being switched from and class being switched to have available space. Should one class or the other be full or waitlisted, a class switch cannot occur.
-Lateness: For the safety of all participants, class participants are not permitted to enter the studio later than 10 minutes after the start of class. First time clients are requested to arrive 15 minutes early to fill out a client questionnaire, settle in, and meet their instructor. First time clients will not be allowed in class once the class has begun.
-Class Packages and Special Promotions: Single classes expire 14 days from date of purchase, 5 class packages expire 2 months from date of purchase, 10 class packages expire 3 months from date of purchase, 20 class packages expire 6 months from date of purchase. Promotional offers may have shorter expiration dates. Please check your receipt for details for the expiration date.
11.2 Cancellations and Refunds
Class reservations may be cancelled with no charges up to 12 hours prior to the start of the class. Cancellations may be made in-studio, by telephone or via our online reservation system. Classes booked will not be refunded. If a reservation is cancelled in accordance with the cancellation policy, your class will be credited to your Barre Effect account for use towards future reservations. If a reservation is not cancelled in accordance with the cancellation policy, you will be charged for the class.
We reserve the right to cancel your reservation at any time. In the event that we need to cancel your reservation or a class, we will use reasonable endeavours to notify you as soon as possible and your class will be credited to your Barre Effect account for use towards future reservations.
12. GENERAL
12.1 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
12.2 These Terms may be varied by us from time to time. Such revised Terms will apply to the Website from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.
12.3 These Terms together with the Privacy Policy and the Barre Effect Participant Release of Liability and Assumption of Risk Agreement contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms.
12.4 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
13. GOVERNING LAW
These Terms will be governed by and interpreted according to laws in force in the Emirate of Dubai. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of Dubai Courts.
14. CONTACTING US
If you have any questions about these Terms, your dealings with this site, Barre Effect or our services, please contact us at:
Barre Effect Ladies Physical Fitness
Al Ferdous 4, Office 114, Dubai, UAE
info@barreeffectdxb.com
+971 4 548 7600
These Terms are effective as of January 01, 2021.