CHISEL N STRIDE FITNESS LLC - FZ (“CHISEL N STRIDE”) TERMS & CONDITIONS

Please read these terms and conditions carefully before you form an account with Chisel N Stride via our website or app, or before you attend any Classes with us.

1. SCOPE OF AGREEMENT

a. Please read these Terms and Conditions (“Terms”) carefully before using www.chiselnstride.com (“Site”) or our mobile application (“App”) operated by Chisel N Stride (the Site and App are collectively referred to as “Services”), or attending our Classes (as defined in Section 2 below)

b. These Terms are an agreement between you and Chisel N Stride and sets forth the legally binding terms and conditions for your use of our Services and attending our Classes.

c. These Terms hereby incorporate reference our Privacy Policy (the Terms and Conditions and Privacy Policy, collectively, the “Agreement”).

d. By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site or downloading the App, you agree to be bound by these Terms. If you do not agree to our Terms set out below, do not use, access or continue to access the Services, or discontinue the use of Services immediately.

e. We reserve the right to modify these Terms at any time, in our sole discretion. If we modify materials terms to these Terms, such modification will be effective after the change is published on the Site and you will be notified of these modifications. Your failure to cease use of the Services after the modified Terms are published and announced on the Site will constitute your acceptance of the modified terms.

2. DEFINITIONS

When the following words with capital letters are used in these Conditions, this is what they mean:

“App” means the Chisel N Stride mobile application

“Benefits” means the third party benefits attributable to each Member Type

“Billing Period” the period between one Payment Date and the next Payment Date

“Class” any Group Fitness Class, Stride Outdoor Class or Coaching Session offered by Chisel N Stride

“Client” a user of Chisel N Stride’s Services

“Coaching Session” smaller group fitness classes offered by Chisel N Stride designed for specific demographics

“Conditions” the terms and conditions as set out in this document and as amended from time to time

“Credit” is equivalent to 1 Group Fitness Class or 1 Outdoor Stride Class or 1 Coaching Session

“Credit Bundle” is equivalent to a pack of Credits each with their own expiry date and price. The pack of Credits represents the number of Group Fitness Classes or Stride Outdoor Classes or Coaching Sessions included in the pack.

“Facilities” means all facilities which are within Chisel N Stride Fitness premises (including but not restricted to fitness equipment, electronic equipment, furniture, shower facilities, and its parking bays in Sobha Hartland Greens)

“Group Fitness Class” any indoor group fitness class offered by Chisel N Stride

“Joining Date“ the date on which a Client first pays for a Credit or Member first makes payment to us for their membership;

“Membership” a 30 day monthly subscription consisting of either 8, 16, or 24 Passes

“Membership Pass” means 1 Group Fitness Class included in the Membership

“Stride Outdoor Class” means 1 outdoor fitness class offered by Chisel N Stride

“Services” include use of our Website, App, and Classes

“Site” refers to our website

“Studio” is Chisel N Stride located at Unit 2S01 Sobha Hartland Greens, Dubai, UAE

“User Account” the online platform through which Client details are saved, payments

can be made and Classes can be booked and cancelled

“Website” www.chiselnstride.com

3. ACCESSS TO OUR CLASSES

a. All Clients must have a User Account with Chisel N Stride before they attend any Class.

b. You must be 14 years of age to attend any Class.

c. If you are 14 years of age and under 18, please be aware of the following

Conditions:

a. You must register a User Account with Chisel N Stride and have a parent/guardian sign a consent form for you to participate in Class.

b. You must meet the height requirement of 4 foot 11 inches and be accompanied by a parent/guardian in all Classes.

d. You agree to comply with our class rules in force from time to time which you can see online or displayed in all of our studios.

e. Instructors and Classes are subject to change at any time and you will be informed of this change via email and/or whatsapp.

f. We reserve the right to refuse you access to specific group fitness classes if we consider you are not at the adequate fitness level to take such classes and would endanger your health.

g. We reserve the right to refuse you access to the Studios and suspend or terminate your use of the Services and your User Account if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Conditions or such refusal would otherwise be in the interests of other users of the Studios or participants in our Classes.

h. At any time and without notice, we may withdraw all or part of our Facilities for any period of time without notice in connection with cleaning, repair, alteration or maintenance work, or for reasons beyond our control.

4. CREDITS AND MEMBERSHIP FOR CLASSES

a. To participate in Chisel N Stride Classes, you must purchase either Credit Bundles or a monthly Membership.

b. Credit Bundles or monthly Membership are activated from your purchase date and have an expiry date by which date you must have completed your Classes or your Credits / Membership will expire.

c. A Credit Bundle purchased (but not via a promotion) can be shared with an immediate direct family member (husband / sibling / child / parent) but not with friends or distant relatives.

d. A Credit Bundle cannot transferred to another person in the event you cannot complete the Credits by the expiry date.

e. A Membership cannot be shared with any other person.

f. If you run out of Membership Passes before the expiry date of your Membership, you can purchase additional Passes.

g. If your Membership expires you cannot roll over any remaining Passes to the following month.

h. To book a Class, you must have at least one active Credit or Membership Pass (if you have Membership) in your User Account, unless otherwise specified at the time of booking. One Credit or Membership Pass entitles you to attend one Class.

i. Credit Bundles or Membership cannot be extended beyond their expiry dates unless we in our discretion agree to do so in exceptional circumstances.

j. For promotional sales, we may offer Credit Bundles that have a shorter expiry than the standard expiry dates of our Credit Bundles. This will be made clear at the point of purchase and in the confirmation email. We will not be able to extend these Credit Bundles beyond the expiry date in any circumstances. Promotional offers are subject to our discretion and may be withdrawn at any time and without notice.

i. We reserve the right to revoke your Credit Bundle and suspend your User Account if you allow others who are not immediate family members to use your User Account to book and attend our Classes.

j. We reserve the right to revoke your Membership and suspend your User Account if you allow any other person to use your User Account to book and attend our Classes.

k. Subject to any statutory right of cancellation, payments for a Credit or Credit Credit Bundle are non-refundable unless otherwise stated in these Conditions.

5. BOOKING A CLASS

a. You can check availability and book Classes in advance online via our Website. When you book a Class, one Credit or Membership Pass will be deducted from your User Account unless otherwise stated on the website.

b. We make every effort to ensure that there are a suitable number of Classes available at different times of the day. However, Classes are subject to availability and we do not guarantee that spaces will be available in any given Class, even if you have sufficient Credits in your User Account.

c. If the Class you wish to attend is fully booked, you may choose an alternative Class with remaining spaces. Alternatively, you may join a waitlist for the fully booked Class.

l. If you join the waitlist and a space becomes available, a Credit will automatically be deducted from your User Account and you will be automatically added to the Class up to 2 hours before the start. You will be notified by e-mail and/or text message if you are automatically added to a Class.

m. If we cancel a Class, your Credit will be refunded unless otherwise stated.

6. CLASS CANCELLATION

a. We have a 12 hour cancellation window which enables you to cancel your Chisel N Stride Class at least 12 hours before the Class is to start without any penalty.

b. If you cancel the Class less than 12 hours before the start time of the Class, then 1 Credit or Membership Pass will be deducted from your User Account.

c. A Class can be cancelled by you either via your User Account on the Website, in person, or by telephone.

d. If you do not cancel your Class and do not attend Class, we will consider you a “no show” and 1 Credit or Membership Pass will be deducted from your User Account.

e. We reserve the right to cancel a Class if only one person is registered for the Class. We will inform you of any Class cancellation and return 1 Credit back to your account in such circumstances.

7. PRICE

Price details for our Credit Bundles and Membership are available on our Site and may be revised from time to time.

8. PERFORMANCE METRICS

Performance metrics may be included in our Classes and used in combination with a results service through which you receive the performance metrics relating to each Class you attend via email and to your online account (“Results Service”). In circumstances where the Results Service are not available or do not run or malfunction in relation to a Class and you continue to participate in a Class, you shall not be entitled to any compensation, including without limitation, a replacement Class or refund of a Credit.

9. PERSONAL BELONGINGS AND SAFETY

a. We have provided secure lockers facilities at Chisel N Stride for you to lock away your personal belongings while you are at a Class. You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present at the Studio. You assume all risk of loss for any of your personal belongings.

b. You agree to remove your belongings from the Studio after participating in Class and agree not to store any belongings in our locker facilities.

c. You agree that Chisel N Stride and its employees shall not be liable for any loss, damage or theft of any property brought to the Studio.

d. If you accidentally leave your personal belongings at the Studio, immediately write to us.

e. If you leave any personal belongings at the Studio and do not collect these belongings within three months, we reserve the right to discard such items without further notice.

10. HEALTH CONDITION

a. Our employees or instructors are not medically trained and therefore not qualified to assess whether you are in appropriate physical condition and / or whether you can engage in any exercise without detriment to your health, safety, comfort or physical condition.

b. By agreeing to these Terms you confirm that you have no health problems and on each occasion that you participate in our Classes you are in appropriate physical condition and you know of no medical or other condition why you are not capable of engaging in Classes or exercises provided by us, and that such Classes or exercises would not be detrimental to your health, safety or physical condition.

c. You confirm that all the statements below are true:

i. You are not aware of any heart or vascular problems that could be made worse when participating in physical activity

ii. You have never felt chest pains while exercising

iii. You are not aware of any joint or bone problems that could be made worse by a change in physical activity

iv. You do not have asthma

v. You are not pregnant or breastfeeding

d. You agree to wear the correct apparel (including footwear) and hydrate adequately while participating in any Class.

e. Some of our Classes are intensive in nature and not suited to all fitness levels. You agree to familiarize yourself with what the Class entails before signing up and participating in a Class. You should refer to our Website for a description of the Classes or contact us by email if you have any queries whether our Class is suitable for your fitness level.

f. You should not undertake participate in our Classes without first seeking medical advice if you any you have a history of medical conditions, are pregnant or any of the conditions in clause 5C apply.

g. We reserve the right to refuse access to our Classes if, in our absolute discretion, we consider that the health of the individual concerns may be endangered by use of our facilities.

h. Our instructors reserve the right you to stop participating in Classes if they deem your health would be endangered by continuing to participate.

i. You agree to follow our instructors guidance at all times while participating in our Classes.

j. By participating in our Classes and using Chisel N Stride’s Studio, Facilities, equipment, and website, you agree that there are certain inherent risks and dangers involved in participating in the Classes. If you observe any hazard during participation, you will bring it to the attention of Chisel N Stride immediately.

k. You agree for us to call your emergency contact on your User Account in the event you have an accident or injury at the Studio.

l. You agree to keep your emergency contact information on your User Account up to date at all times and will inform us of any changes to make in writing.

11. WAIVER AND RELEASE

a. By participating in Chisel N Stride Classes, events, activities and other programmes organized by Chisel N Stride and using the Studio Facilities, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and / or assignees, that there are certain inherent risks and dangers in taking the Classes, and the exercise equipment and in association with the Classes. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You acknowledge that the specific tasks vary from one activity to another, but range from:

i. Minor injuries such as scratches, bruises and sprains

ii. Major injuries such as an eye injury or loss of sight, joint or back injuries, heart attacks, and concussions

iii. Catastrophic injuries including paralysis and death

iv. Continual or long-term exposure to amplified music carries risk of hearing damage

b. You acknowledge that before participating in a Class you have familiarized yourself with the nature of the Class to determine whether your physical condition is appropriate for participating in our Classes.

c. In consideration of being allowed to participate in and access the Classes, you hereby:

i. assume full responsibility for any and all injuries or damage which are sustained or aggravated by you as a result of your participation in the Classes

ii. waive, release and forever discharge Chisel N Stride, its officers, agents, employees, instructors, ambassadors, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in the Classes

iii. represent you have no medical or physical condition which would prevent you from attending any of the Classes sessions and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so.

d. You acknowledge and agree to release, indemnify and hold harmless Chisel N Stride, its employees, instructors, directors, affiliates, successors, and assignees from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes, and use of the Studio and Facilities.

e. You waive any and all claims against Chisel N Stride, its employees, instructors, officers, directors, affiliates, successors and assignees for any personal injury, property loss or other damages connected to or arising out of any of the associated risks.

12. USE OF OUR SERVICES

a. Use of our Services includes accessing, browsing or registering to use our Site and/or App. By using our Services, you are confirming that you accept these Conditions and that you agree to comply with them.

b. We may update our Services from time to time and may change the content at any time. Any of the content on our Services may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Services, or any content on it, will be free from errors or omissions.

c. We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

d. By accessing our Services, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of our Services for your use in accordance with these Conditions. You must not modify the copies of any materials on our Services in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any text. Our status (and that of any identified contributors) as the authors of content on our Services must always be acknowledged. You must not use any part of the content on our Services for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Services in breach of these Conditions of use, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

e. You may not (except to the extent required in order to use this Site in accordance with these Terms) copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of this Site or systematically extract material from this Site or any document available through it, create any derivative works from it or in any other way exploit commercially all or any part of this Site or any document available through it without our prior written consent.

f. This Site should only be accessed using a computer linked to a secure network environment.

g. We cannot guarantee that this Site will operate in accordance with your expectations or will be error free. If you are aware of any error on this Site please contact us by email and we will endeavour to correct it.

h. It is our policy to virus check documents and files before they are posted on this Site. However, we cannot guarantee that documents or files downloaded from this Site will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using this Site. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with:

i. any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from the Website or from any third-party websites linked to this Site and;

ii. any interruptions in your access to the Site.

i. You must not misuse our Site by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to our Site. You must not attack our site via a denial-of– service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately and you will indemnify us for any breach, which means that you will be responsible for any loss or damage we suffer as a result of you not complying with this Condition.

j. If you decide to access any third-party websites linked to this Site, you do this entirely at your own risk and we will not be liable for any loss or damage that may arise from your use of them. We provide these links purely for convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for, or have any control over, the content or use of such websites. You may be subject to the terms of use applicable to such third-party sites.

13. YOUR USERNAME AND PASSWORD

a. Certain areas of our Site are restricted and may only be accessed if you are registered with us and have been issued with or have chosen a username and password.

b. You must not allow any other person to use your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as soon as possible.

c. We reserve the right to disable any user identification code or password used to access to this Site at any time if in our reasonable opinion you have failed to comply with these Terms.

d. You shall not obtain or attempt to obtain unauthorised access to an area of this Site which is only accessible with a username and password other than that which has been identified as being available to you through the logins and passwords notified to you and you will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.

e. We shall not be liable for any losses you suffer as a result of unauthorised access to your User Account until such time as you have informed us of unauthorised use or possible unauthorised use of your login details or of a breach of security.

14. INTELLECTUAL PROPERTY

a. We are the owner or the licensee of all intellectual property rights in this Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The design and layout of this Website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.

b. The trade marks, logos and trade names displayed on the Site ("Marks") are the property of Chisel N Stride or other third parties. You are not permitted to download, copy, modify or use the Marks without our prior written consent or the consent of such third party who may own the Marks. (See also the section below on Trade Marks.)

c. We and our suppliers own the intellectual property rights in the software that runs this Site. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.

15. PERMISSION TO REPRODUCE IMAGES AND RECORDINGS

Unless requested otherwise, you grant permission to Chisel N Stride, its employees, fitness instructors, representatives, licensees and assignees the right to photograph and / or video you at the Studio, during Classes, and events hosted by us. You may be included in some of these photographs or videos, either individually or as a group and grant permission to us to crop, or retouch such photographs or videos and waive any right to inspect the final photos or videos. Unless you instruct us otherwise, you consent to and permit photographs or videos to be used by Chisel N Stride for purposes but not limited to publicity, advertising and promotional materials in any medium, including print and electronic without reservation or limit. You understand that Chisel N Stride may use such photographs / videos with or without associating names thereto, and you waive any claim or compensation of any kind for our use or publication of your photograph / video.

16. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us in relation to your use of our Site and Services.

17. VARIATION

We reserve the right to vary or amend these Terms from time to time. Any changes shall take effect upon their posting being on the Website.

18. SEVERANCE

If any of these Terms are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (a) the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or (b) the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.

19. RIGHTS OF THIRD PARTIES

A person who is not a party to these Terms may not enforce any of them under the Contract.

20. WAIVER

No waiver of any of these Terms shall be valid unless provided in writing by us.

21. GOVERNING LAW AND JURISDICTION

a. Any dispute arising out of or in connection with this Contract, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre.

b. This contract shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre.

22. INFORMATION ABOUT US

Chisel N Stride is a company registered in Meydan Freezone with DED license number 920013.

I am over 18 years of age and have read Chisel N Stride’s Terms and Conditions. I consent to these Terms and Conditions before forming a User Account and participating in a Class.