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SMA FITNESS TERMS OF USE & LIABILITY WAIVER AGREEMENT


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING.

By signing this Liability Waiver and Release Agreement (“Agreement”), I, the undersigned participant, acknowledge and agree to the following terms and conditions regarding my participation in any fitness classes, activities, programs, and/or use of facilities and equipment at SMA Ladies Fitness Club L.L.C. (“SMA Fitness” or the “Studio”):

SMA LADIES FITNESS CLUB L.L.C., referred to as “SMA”, “SMA Fitness”, “We,” “Us,” or “Our” in this Agreement, hereby outlines the Terms of Use associated with the usage of both the physical space and SMA -branded online resources. By accessing or using the Website and/or the Application, or purchasing any products or services, you consent to be bound by this Agreement and acknowledge your consent to abide by its terms.

As a client of SMA and user of the Website and the Application, you are responsible for maintaining the confidentiality of your account, password, and access to any device. You hereby agree to accept responsibility for all activities that occur under your account name. You are limited to only one account and shall not assign or otherwise transfer your account to any other person or entity. We take every measure and precaution to secure and protect your account information. However, SMA is not responsible for third-party access to your account that results from theft or misappropriation of your account. NOTIFY US IMMEDIATELY OF ANY BREACH OF SECURITY OR UNAUTHORIZED USE OF YOUR ACCOUNT. SMA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at its own discretion.

1.      ASSUMPTION OF RISK

I understand that participating in physical exercise, including but not limited to bungee fitness, strength training, cardiovascular workouts, and other fitness activities, involves inherent risks. These risks may include but are not limited to:

  • Muscle strains, sprains, or tears
  • Falls, trips, or slips
  • Equipment malfunction or misuse
  • Unforeseen medical conditions such as heart attacks, dizziness, or fainting
  • Injuries due to the negligence of other participants

I voluntarily assume all risks associated with my participation in fitness activities at SMA and acknowledge that I am responsible for assessing my own physical condition before engaging in any exercise.

2.     HEIGHT & WEIGHT REQUIREMENTS

For safety reasons, all bungee fitness participants must not be pregnant and must meet the following weight requirements:

  • Minimum Weight: 41 kg
  • Maximum Weight: 125 kg

I confirm that I meet these requirements. I acknowledge that if I do not meet the criteria, I am not eligible to participate in SMA’s bungee fitness classes, and failure to disclose this information may result in removal from the class or facility without refund.

3.     RELEASE AND WAIVER OF LIABILITY

By signing up for SMA classes and services—whether through the website, mobile application, or in person at the studio—you acknowledge and agree to this Release and Waiver of Liability, thereby assuming full responsibility for any risks associated with participating in SMA activities.

You recognize that physical activity inherently carries risks, including but not limited to the risk of injury, muscle strain, falls, or health complications. By participating in SMA classes, you confirm that you are in good health and do not have any medical conditions, injuries, or illnesses that would prevent you from safely engaging in exercise. If you have any prior or existing injuries, medical conditions, or concerns, you agree that you have consulted a qualified physician and obtained medical clearance before attending any class at SMA. All SMA classes are monitored by CCTV, any incidents on site will be reported, rewatched and documented prior to any further investigation detailing any negligence from SMA staff of the customer. SMA is not responsible for any loss, damage, or theft of your personal belongings while on the premises. You are responsible for securing your valuables.

Furthermore, you agree that if any part of this waiver is deemed invalid by a court of law, the remaining provisions shall remain in full force and effect. This Release and Waiver of Liability is indefinite and applies to all future participation at SMA.

4.    SAFETY & COMPLIANCE

I agree to:

  • Adhere to all SMA safety guidelines, studio rules, and instructor directions, including meeting the requirements for each class level before progressing to more advanced sessions.
  • Use equipment only as instructed and report any malfunction or hazards immediately.
  • Refrain from engaging in activities that exceed my physical limits or pose a risk to myself or others.
  • Immediately notify SMA staff if I experience dizziness, shortness of breath, or any discomfort during a class.

Failure to adhere to these guidelines may result in my removal from the class or facility without refund.

5.     MEDICAL CLEARANCE & EMERGENCIES

  • I confirm that I am in good health and have no medical conditions that would prevent me from safely participating in fitness activities.
  • I acknowledge that SMA is not responsible for providing medical treatment in the event of an injury or medical emergency. If emergency medical services are required, I agree that all related costs are my sole responsibility.

6.    BOOKING, CANCELLATION, LATE ARRIVAL & NO-SHOW POLICY

To ensure fair access to our classes for all members, SMA enforces a strict cancellation policy.

  • All class bookings must be made in advance through the SMA website, mobile app, or by contacting us via phone or WhatsApp.
  • If you are unable to attend a scheduled class, you must unreserve your spot or cancel your attendance at least 12 hours before the class start time to avoid loss of class credit.
  • Late cancellations or no-shows will result in the loss of a class credit. (SMA reserves the right to waive this rule at its discretion.)
  • Cancellations can be made online through the booking system or by calling the studio directly. If you cancel on time, your class credit will be returned to your account for future use. There are no refunds for unused or canceled classes.
  • If you are running late, we ask that you notify the studio as soon as possible. However, clients arriving more than 5 minutes after class start time will not be permitted to join for safety reasons, and the session will be marked as a no-show.
  • As a courtesy to others, if arriving late, please enter quietly to minimize distractions and respect the experience of fellow participants.

7.    REFUND POLICY

  • All class packages, memberships, and single-session purchases are non-refundable and non-transferable.
  • If you choose not to continue with your purchased sessions or packages, you will not be eligible for a refund.
  • Merchandise Sales: Merchandise may be exchanged for other items, but no refunds will be issued. We accept returns within 14 days of purchase for store credit or exchange. Items must be unworn, unused, and in their original condition with tags and packaging intact.
  • Allowances will be made for defective or damaged goods if reported within 14 days of purchase.
  • Sale items are final sale and cannot be returned or exchanged.
  • At SMA’s discretion, class credits, memberships, or packages may be revoked without refund if a member engages in gross misconduct or violates studio policies, as determined by management.

8.    STUDIO RENTAL

SMA offers its studio spaces for rental to individuals, businesses, and organizations for approved activities. All rental requests will be reviewed and approved at SMA’s discretion based on the nature of the activity and its alignment with our studio’s policies.

 

  • Allowed Activities
    • Private fitness training and coaching sessions

    • Wellness-related workshops (e.g., yoga, pilates, meditation)

    • Dance rehearsals or choreography practice

    • Content creation (e.g., fitness photography or video shoots)

    • Corporate wellness or team-building activities

 

  • Prohibited Activities
    • Any activity that may cause damage to the equipment, flooring, or mirrors
    • Events involving loud music beyond acceptable studio levels

    • Unauthorized commercial classes or sessions that compete with SMA’s offerings

    • Selling products or services without prior approval

    • Any illegal or inappropriate activity that violates UAE regulations

 

  • Approval & Booking Process
    • All rental requests must be submitted via email, WhatsApp, or phone for SMA’s review and approval.
    • SMA reserves the right to approve or reject bookings based on the type of activity and studio availability.
    • Studio rental requests should be made at least one month in advance.
    • Bookings requested less than one month in advance will be accommodated at SMA’s discretion.

 

  • Payment Terms
    • 1 month in advance: 25% non-refundable deposit upon booking.
    • 1 week before the booking: Another 25% non-refundable payment of the total cost.
    • After utilization: Remaining 50% to be settled.

 

  • Cancellations & Rescheduling
    • All payments made are non-refundable in case of cancellation.
    • Rescheduling is permitted at SMA’s discretion and subject to studio availability.

 

  • Liability & Damages
    • The studio will be assessed before and after use. Any damages incurred during the rental period will be billed to the renter.
    • The renter is fully responsible for ensuring the safety of their participants and activities during the rental period.

9.    TERMS OF PURCHASE

•        Pricing & Expiration: Pricing is subject to change without notice. The prices listed on the SMA website, application, or at the studio are applicable upon posting. Classes, packages and memberships have expiration dates and must be used within the timeframes stated at the time of purchase. SMA may, at its sole discretion, grant a grace period for expired packages but is under no obligation to do so.

•        Marketing Communications & Consent: By providing your contact details, you agree to receive SMS and email notifications from SMA regarding your bookings, reminders, and promotions. By signing this agreement you are opting-in to this service. You may opt out of marketing messages and emails at any time by contacting SMA and requesting to opt out. SMA maintains a record of consent, including the date, time, and method of opt-in, in accordance with applicable regulations.

•        Expiration Notifications: Our system is designed to send reminder emails or SMS before a package expires. However, SMA is not responsible for missed notifications due to technical malfunctions, transmission errors, spam filters, or other email delivery issues. It is the client’s responsibility to keep track of package expiration dates.

•        Payment Methods: We accept credit card payments online and at the studio. We do not accept cash payments. Online transactions are processed through a third-party payment provider via a secure connection. When making an online payment for SMA services, you agree that your payment details will be submitted directly to our third-party processor for secure handling. Credit/debit card details and personally identifiable information will not be stored, sold, shared, or rented to any third parties.

•        Transaction Records: The cardholder must retain a copy of transaction records for their reference. SMA does not store payment details.

•        Failed or Declined Payments: Your credit or debit card will be charged at the time of purchase. SMA will not process reservations if a payment method is incorrect, expired, or exceeds its limit. If you fail to pay fees when due, your services or privileges may be suspended or terminated.

•        Collections & Legal Fees: You are fully responsible for any unpaid balances. If SMA must engage in efforts to collect outstanding amounts, including legal or collection agency fees, you agree to be liable for all associated costs.

•        Restricted Countries: In accordance with UAE law, SMA does not provide any services or products to individuals or entities located in countries sanctioned by the Office of Foreign Assets Control (OFAC).

10. ERROR CORRECTION

SMA makes every reasonable effort to ensure that all information on its Website and Application is accurate and up to date. However, occasional typographical errors, inaccuracies, or omissions may occur. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted. This may include, but is not limited to, pricing errors, incorrect service descriptions, or availability issues. We do not guarantee that all information on our platforms is free from errors.

SMA reserves the right to amend, update, or modify these Terms & Conditions at any time without prior notice.

11.   IN-STUDIO ENVIRONMENT

  • Our classes are designed to require intense physical exertion and demanding cardiovascular effort. If at any time during a class you experience difficulty breathing, pain, or other symptoms inconsistent with strenuous exercise, STOP IMMEDIATELY and notify an instructor or staff member at once.
  • Our classes are set to music that may be played at high volumes. If you are sensitive to loud music, we can recommend a spot away from the speakers. Some of the music played during classes may contain explicit language. If this is a concern to you, we request that you check with your instructor prior to class to understand the nature and amount of explicit language.
  • Proper athletic attire is required. SMA reserves the right to make the final determination, in its sole discretion, with regard to appropriate attire.
  • Hours of operation may be amended from time to time, and certain facilities, services, or programs may be added or eliminated at Our discretion.

12.  FACILITIES

  • Lockers are provided solely for your benefit and convenience. Lockers are available to customers of SMA, subject to availability.
  • SMA takes no responsibility for the safekeeping of your personal belongings placed in the lockers or elsewhere on Our premises (including money, personal items, and jewelry).
  • Lockers are available for use only while you are utilizing the facilities and must be cleared by you after each visit. SMA reserves the right to remove any articles left in a locker overnight.
  • Any unclaimed property will be kept at the reception for two weeks, after which SMA reserves the right to dispose of the items.

13.  MINORS & PARENTAL CONSENT

  • You must be at least 18 years old to book a class at Our facility.
  • For persons under the age of 18 that meet all the requirements: weight requirement (as applicable) and proper health conditions, are required to obtain from a parent or legal guardian consent to this Agreement. This Agreement shall be signed by the customer's parent or legal guardian and sent by email to SMA not less than 6 hours before the start of their registered class. 
  • SMA is under no obligation to verify the identity and relationship to the minor of the parent or legal guardian.
  • The parent or legal guardian assumes full responsibility for the minor’s
    participation, including all risks and liabilities outlined in this waiver.

14.  NO WARRANTIES & INDEMNIFICATION

  • I understand that SMA makes no warranties or guarantees regarding the safety or effectiveness of any fitness program.
  • I agree to indemnify and hold harmless SMA and its Released Parties from any claims, losses, damages, liabilities, or expenses arising out of my participation.

15.   LEGAL AGREEMENT & GOVERNING LAW

  • This Agreement constitutes the entire agreement between you and SMA LADIES FITNESS CLUB L.L.C with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
  • This Agreement shall be governed by and construed under the laws of the United Arab Emirates. Any conflict concerning the conclusion, execution, validity, interpretation, termination, or dissolution of this Agreement, or any related matters, shall be resolved by arbitration according to the rules of the UAE International Center for Conciliation and Arbitration of the UAE Chamber of Commerce & Industry.
  • The seat of the arbitration shall be the UAE. The Arbitral Tribunal shall consist of one arbitrator. The language of the arbitration shall be Arabic.
  • SMA LADIES FITNESS CLUB L.L.C reserves the right to amend or modify this Agreement at any time by posting the new terms on its website. This Agreement may not be otherwise amended except in a written document signed by both you and SMA LADIES FITNESS CLUB L.L.C.

16.   ACKNOWLEDGEMENT & SIGNATURE

I have read and understood this Agreement, and I voluntarily agree to its terms. I acknowledge that by signing below, by booking or purchasing a class, or by clicking the acceptance checkbox on the website, I am waiving certain legal rights, including the right to sue SMA and its Released Parties.