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Membership Terms & Conditions

PRINCIPAL TERMS

  1. In this Membership Terms & Conditions (“Agreement”), the following words and expressions shall have the following meanings, unless the context clearly indicates otherwise:

• (“You”, “Member”) means any member of the PureGym in the Kingdom of Saudi Arabia.

• (“PureGym “, “We”, “us”) means Ektimal Sports Company CR No. 1010616447, of Al Muruj - Northern Ring Road, Riyadh; operated as the licensee of PureGym, including but not limited to operator, branches, licensor, management, agents, and staff in the Kingdom of Saudi Arabia.

• (“Gym” or “Club”) means any branch and facility of PureGym in the Kingdom of Saudi Arabia, where members can use and get benefit from their membership with PureGym in accordance with this Agreement. 2. In addition to the instructions issued by PureGym from time to time, govern the relationship between any Member signing this application and PureGym. 3. The Member acknowledges that any communication issued by us is an integral part of this Agreement, and the Member accepts and adheres to them without any objections. 4. This Agreement will become binding once your membership application has been accepted, at which point a contract will come into existence between you and us. 5. You will be entitled to all the rights and privileges set for the Type of Membership chosen. 6. You cannot transfer this Agreement to anyone else.

Membership Contract: The membership contract between the gym and the member must include at least the following:

  1. The name, address, and ID number of the member, along with a contact number or personal email. If the gym requests any additional personal information, written consent from the member is required.
  2. The start date or condition of membership commencement, its duration, the number of times the member is allowed to suspend their membership, and the suspension period.
  3. The categories or locations of the gym’s facilities that the member is allowed to access according to their membership.
  4. The rights and obligations of both the gym and the member.
  5. Membership fees and any other amounts or charges imposed or that may be imposed on the member.
  6. The circumstances under which the membership may be terminated by either the gym or the member, and the procedures resulting from the termination.
  7. A declaration from the member confirming that they understand and agree to all terms of the contract.

FEES AND CHARGES

  1. The Joining Fees and first month's membership fees are collected from you by us by debit / credit card at time of purchase approximately 5 working days from your membership application date. Joining fees are applied to cover the initial administration costs associated with setting up a new membership and direct debit agreement and entitle the member to an induction session, bookable online.

  2. If you are looking to upgrade your membership, an admin fee shall be charged at the point at which your membership is upgraded.

  3. You must provide us with one or more current, accepted, and valid payment method.

  4. Unless you cancel your membership, you authorize us to charge the membership fees for the next billing cycle to your payment method.

  5. Your second monthly payment for monthly membership fees only will be collected one month after you joined, unless you joined prior to your gym opening in which case they will be collected one month after the gym opened. Subsequent monthly payment for monthly membership fees will be collected monthly thereafter.

  6. We reserve the right to increase the membership price at any time, or upon the expiration of the branch's promotional period, for memberships that are under promotions with joining fees or discounts at specific gyms during promotional periods. During this time, you will retain your usual right to terminate your membership in accordance with the membership terms, conditions, and rules. If you do not terminate the membership by the date specified in the notice, it will be considered as your acceptance of the new price, and therefore, your membership price will be increased accordingly.

  7. If any payment is returned, unpaid or if any other form of payment is not honored for whatever reason, you agree to pay us the outstanding payment. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, to either suspend or terminate your membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid online within 10 days of becoming due.

If your monthly payment fails on the due date, your membership will be temporarily suspended. We will retry collecting the payment 10 days after the first attempt. If the payment fails again on the second attempt, your membership will be automatically canceled.

If the payment is successfully collected on the second attempt, your monthly billing date will remain unchanged and will not be changed to the second payment date. Additionally, no compensation will be provided for the days your membership was suspended due to the failed payment. This is because our memberships operate on a monthly renewal schedule, regardless of the actual payment date.

  1. You agree to advise us immediately of any change to the Member Details provided.
  2. A fee of 39 SAR is charged if you freeze your membership. Unless you are a PLUS member, your membership can be on freeze for a maximum of 3 months after which your membership will automatically be un-frozen and will revert to your monthly rate. Freeze will start from your payment date. Please be aware this must be actioned at least 2 days prior to your payment date.
  3. Freezing a membership should be done 2 days before your payment deduction date

TERMINATION

MONTHLY MEMBERSHIPS

  1. You can cancel your membership by contacting Members services at least 2 days before your next deduction date.
  2. In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.

PIN ABUSE POLICY

  1. Your PIN number / Access Device is issued solely for your use, as your membership is personal to you and only covers your use of a gym. You are responsible for keeping your PIN number / Access Device secure and confidential at all times. The PIN number / Access Device remains our property at all times (unless agreed otherwise and evidenced in writing).
  2. In the interests of the safety and security of all our members, use of PIN numbers and access is monitored and individuals using PIN numbers / Access Devices may be asked to provide proof of identification.
  3. Should we believe that your PIN number / Access Device has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will: (a)

Inform you, via email, that we believe your PIN number / Access Device has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and (b) Following our investigation we will contact you, via email, to inform you of our findings and our proposed course of action, which may include one or more of the steps set out in paragraph 4 below. 4. If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your PIN number was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have: (a) to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly). The penalty charge will be calculated as being equal to the daily membership charge (that applied at the time of use) for each occasion on which your PIN number was used by that individual/those individuals; and/or (b) in the event of serious misuse of your PIN number, for example, your PIN number has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given. 5. If we have reasonable grounds for believing that you knowingly provided your PIN number / Access Device to another individual or individuals, or allowed unauthorised entry following your entry to the gym (Known as tailgating) in addition to our rights referred to in paragraph 4 above, we may hold you responsible for the conduct of the individual(s) while on our gym premises, and liable for any loss we suffer as a consequence of that conduct. Access Device: the device, key-fob, or any other relevant security hardware device with built-in authentication equipment, issued or otherwise provided to you by us to enable you to securely access the relevant gym in accordance with the terms of your membership. Only one device can be registered to an account at any time, if you lose or misplace the device you need to contact member services to remove the device immediately.

DAILY MEMBERSHIP TERMS & CONDITIONS

PRINCIPAL TERMS

  1. Your membership will be activated on the date you specified, running till midnight of the specified date.
  2. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
  3. You cannot transfer this daily membership to anyone else nor transfer to another date.

GENERAL TERMS & CONDITIONS

MISCELLANEOUS TERMS

  1. Members must be 16 or older, unless the relevant Saudi regulations stipulate otherwise.
  2. You agree to comply with The Rules of Membership which are displayed prominently in the club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these rules at any time provided that we give you advance notice of the change.
  3. If we take no action or let you off any breach of this Agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of This Agreement strictly at a future date.
  4. We may assign the benefit of this Agreement and our rights thereunder to a third party on notice to you. Your rights under this Agreement will not be prejudiced.
  5. There may be occasions where we have to close all, or part of, the gym of which you are a member. We will do our best to let you know of such closures in advance of them taking place unless the problem is urgent or an emergency. We will use all commercially reasonable endeavors to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
  6. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.
  7. All personal trainers are employed by PureGym, any payment to the personal trainer shall be confirmed by an email of this transaction, otherwise it shall be deemed not paid.
  8. As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these terms will affect these legal rights.
  9. We may terminate this Agreement with immediate effect on notifying you if you are in breach of the Gym’s Rules.
  10. Each payment made is not refundable under any circumstances.
  11. VAT and other taxes, as applicable by Saudi Laws and Regulations at any time, will be included in the membership fees and paid by us to the competent governmental authorities.
  12. To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, wellbeing or physical condition. Further, that you will advise us immediately should your circumstances change.
  13. PureGym accepts no responsibility for loss or damage to a member’s personal belongings within the facilities of PureGym. In addition, we fit our clubs with personal lockers which shall be used by each member under their responsibility.
  14. If you are a PLUS member you can access more than 1 branch.
  15. If you are a CORE member you can only use your home gym.
  16. Any references in this Agreement to a written notices shall include notice by email.
  17. Our member services team can be contacted via WhatsApp on +966599548737 or by email - [email protected]

General Provisions:

  1. The gym is required to offer a trial period of no less than 48 hours from the start date of the membership, during which the member has the right to cancel their membership and receive a full refund, once only. This applies in cases where the gym does not provide a free trial day.
  2. The member is allowed to suspend their membership at least once every three months for a period of no less than 25% of their membership duration.

PROMOTION TERMS

  1. PureGym reserves the right to end any promotion without warning at any time.
  2. Any prizes offered by PureGym must be claimed within 21 days of announcement of the winners.
  3. All Gym challenges are subject to fair play which is managed in club. Any recorded reps or times must be verified and signed off by a PureGym team member.
  4. PureGym reserves the right to redeem any prize in the form of a voucher or pre-purchased credit.
  5. 0 Joining Fee offers and any other discount offer on any type of membership or membership length exclude pre-opening offer gyms.
  6. Members must be 16+ to join.
  7. Offers cannot be converted into a cash prize.
  8. Offers cannot be transferred to another person.
  9. Offers cannot be used in conjunction with another offer.
  10. Offer valid only on specific dates that are under PureGym KSA's discretion.
  11. Offers not applicable on Corporate Memberships.

PROMOTION

PAID IN FULL MEMBERSHIP

If you have purchased a Fixed Term membership, you will not be entitled for a refund and you cannot freeze or cancel your fixed term membership, Members have the option to transfer their Paid In Full (PIF) memberships, with the duration being adjusted according to the policies or price difference of the receiving branch.

DAY PASSES

  1. Day passes are subject to a fair use policy. 1 pass per person, multiple passes may be cancelled without warning.
  2. Free passes have no resale value and cannot be exchanged for cash or any other product or service.
  3. Passes must be used on consecutive days
  4. Free passes should be booked to start before the advertised expiry date. Any passes set for redemption after this date may be cancelled without warning.
  5. This daily membership commences once you have indicated your acceptance in the Declaration section of this web sign up process.
  6. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
  7. You cannot transfer this daily membership to anyone else nor transfer to another date.
  8. Day passes are non-refundable.
  9. 3 Day passes under a Free 3 Day Pass promo are valid for 7 days after they are issued and will expire immediately on the 8th day and become unredeemable and used to access any gym.

PRIVACY NOTICE

  1. We collect and process personal data about you to provide the services You use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.
  2. The information We collect is required for the purpose of creating your Member Account and for you to enroll in our gyms. Such information allows you to be identified as a member of PureGym. The information is processed and stored in Exerp, our chosen membership system.
  3. We will use your personal information to provide you with the services, products or information that you have requested, for administration purposes, to improve your website experience, and marketing. We may need to share your information with our service providers, associated organizations and agents for these purposes.
  4. We’ll store your information for as long as you are a Member of PureGym, or, to the extent that is permissible under the Saudi Laws and Regulations, following cancellation and to meet legal requirements including financial audit, anti-fraud and money laundering regulations.
  5. We have taken the reasonable and appropriate measures to ensure that your information we collected is kept secure, and only for so long as is necessary for the purposes for which it is used. However, such information and emails might be not secure due to various reasons that are out of our control. We cannot accept responsibility for any unauthorised access or loss of personal information that’s beyond our control.
  6. We will update this privacy notice from time to time to reflect the way in which we process and protect your data. If we do so, we will post notice of the change on our website.

DECLARATIONS

You warrant, declare, and acknowledge that:

  1. The information given by you in entering this Agreement is correct and will be relied upon by us.
  2. Our staff, agents and subcontractors are not medically trained, and should you have any concerns with your health and fitness you should seek independent medical advice before engaging in any physical activity on our premises.
  3. To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, wellbeing, or physical condition. Further, that you will advise us immediately should your health or vulnerability to injury change.
  4. You have read and understood this Agreement and all of its the Terms and Conditions before accepting them below.
  5. This Agreement will become binding upon both parties once you sign/accept it.
  6. If you have a medical condition which will benefit from regular exercise, you should ask a physician for medical clearance with recommendations regarding proper physical activity.
  7. You are primarily responsible for your health and wellbeing, but we at Pure Gym are concerned that you enjoy our facilities safely. To that end we consider that we should expect the following of each other.

a. From us:

• Whilst we will respect your decision over your training regime, we reserve the right to ask you not to exercise beyond what we reasonably believe to be your personal ability.

• We shall endeavour to maintain a safe environment for you to enjoy your exercise.

• We shall endeavour to ensure that our Fitness trainers and staff are qualified to fitness industry standards.

• We shall at all times keep confidential any information that you give us regarding your health.

b. From you:

• If you are a wheelchair user or need assisted access, we require you to have an induction at one of our venues to ensure your safe use of our facilities and equipment.

• At this induction you will need to complete a Personal Emergency Evacuation Form with the Gym Management which will be kept for our records.

• Members must contact the Gym Management team to book this induction. Your acceptance of the above terms and conditions considered as an electronic signature and is identical to the handwritten signature on the membership application form.

Issued on: 22/08/2022