TERMS AND CONDITIONS

The following terms & conditions govern the rights and obligations of OJ FZCO as (Performance) and members thereof.
 

Performance is operated FZCO (‘The Company’) whose principal objective is to provide health and leisure facilities for members.

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Credits & Membership

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1. Credits & Memberships are personal to each Performance member and are non-transferable and non-refundable. Performance members may not loan his/her membership to be used by a third party.

2. Credits & Memberships are open to persons aged 16 years & over only. For those between 13 and 15 years of age must be under the direct supervision of a parent/guardian or a Performance endorsed Personal Trainer. Payment of the child's credit and/or membership fees must be processed by a parent/guardian. A parent/guardian will be required to purchase a membership so to supervise appropriately.

3. All new credits & memberships are subject to the approval of Management. Management reserves the right to reject credit & membership applications without giving reason.

4. Members must provide accurate and complete personal information when applying for credit & membership and must notify Performance immediately if there are any changes.

5. Upon acceptance, the Performance member will be issued with a membership barcode via the Glofox application available on the Apple & Google Play Stores (which shall remain the property of the company) and the Performance member shall be entitled to all the rights and privileges under the Performance membership subscribed to.

6. Members must present/scan their barcode to enter the Performance facilities.

7. Members must report any loss or theft of their barcode immediately.

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Memberships

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1. The 1-FOR-1 offer is subject to a 12-month contract, with the subsequent 11 months being charged at the rate of 49 AED per month. Should a member wish to terminate their membership, the member must provide 90 days’ notice in writing prior to the end of the 12-month cycle.

2. The 49 AED monthly membership is subject to a 12-month contract. Should a member wish to terminate their membership, the member must provide 90 days’ notice in writing prior to the end of the 12-month cycle.

3. The 69 AED monthly membership is not subject to a 12-month contract. Should a member wish to terminate their membership, the member must provide 30 days’ notice in writing.

4. The 499 AED annual member is subject to a 12-month contract. Should a member wish to terminate their membership, the member must provide 90 days’ notice in writing prior to the end of the 12-month cycle.

 

Emirates Platinum/Fly Dubai Members

1. To avail a 20% discount on yearly memberships you should present your digital card to the reception team at Performance.

2. The offer includes 5X Danube Sports World off-peak courts for the year (can be used for padel, cricket, badminton, etc)

3. This discount cannot be used in conjunction with any other discount or promotional offer.

4. The annual member is subject to a 12-month contract.

5. The membership will auto-renew at the discounted rate following the end of their first year. Should a member wish to terminate their membership, the member must provide 90 days notice in writing prior to the end of the 12-month cycle.

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Membership Fees

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1. Membership fees, including credits & day passes, are non-refundable upon resignation or termination for any reason whatsoever.

2. All paid memberships are open ended; therefore, we will continue to deduct membership dues until a request to cancel is received from the member.  Memberships do not automatically cancel after the initial minimum term indicated.

3. Subscriptions of membership are payable on the same day every month through whichever means originally subscribed.

4. Failure to use Performance or non-usage of the facilities does not eliminate the obligation to pay all subscriptions on time, nor grants a refund.

5. If for any reason your credit/debit card becomes inactive, it is your responsibility to provide Performance with new credit/debit card details immediately. For payments that default, members will be subsequently charged until the payment is collected. In such cases access to facilities will be denied until the outstanding fees are paid. The collection dates may change in the future.

6. Any lapse in membership will require the member to re-join at the prevailing rates.

7. All day access credit packages are subject to an expiry date for redemption. Credits cannot be transferred to another person, or the expiry date extended. 

8. Members must pay any additional fees for extra services or facilities, such as personal training, recovery or rehabilitation services or classes.

9. Off-peak Danube Sports World court timings are 7am to 4pm weekdays (Monday to Friday).

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Termination of Membership

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1. Members wishing to terminate their contract must notify Performance via email (contact@performancedxb.com) at least 30 days before their subscription is due to renew as stated in the Membership Fees.

2. Cancellation of any upfront payment membership is not permitted, and the amount paid is non-refundable.

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Expulsion of Members

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Performance reserves the right to suspend or terminate membership at any time without notice and with immediate effect without refund:

1. If a Performance member breaches the facilities rules and regulations, causes damage to the facility or equipment, or behaves in an inappropriate manner.

2. If a Performance member is rude, aggressive or in any way disrespectful to another Performance member or to any of Performance employees, including but not limited to foul/bad language.

3. If any monthly fees such as Personal Training etc. remain unpaid after the due date for payment.

4. If a Performance member is found to have violated the privacy of any other Performance member within the facilities or are caught in lewd or compromising actions, this includes but not limited to ignoring or disrespecting Performance’s ‘No Nudity’ policy.

5. Any Performance member whose access is terminated by Management shall forfeit all the privileges of access with immediate effect. On termination of his/her access the member will have their access revoked.

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Physical Condition of Members

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1. The Performance member warrants and represents that he/she is in good physical condition and that he/she knows of no medical or other reason why he/she is not capable of engaging in an active or passive exercise program and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition.

2. It is the Performance member’s responsibility to update Performance in writing with any information that might affect their ability to engage safely in physical activity.

3. The Performance member shall not use any club facilities whilst suffering from any infections or contagious illness, disease or other ailment such as open cuts, abrasions, open sores or minor infection, where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other members.

4. Performance members exercise and use the facilities at their own risk and are advised to consult their physician prior to commencing any type of physical exercise.

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Health and Safety

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1. Performance members should be considerate of other Performance members by using a workout towel when using any of the exercise stations and wipe down equipment with the sanitisation equipment.

2. Performance members are required to return all portable equipment after use including free weights and dumbbells to the racks provided.

3. Performance staff are authorised to stop anyone from exercising if in their opinion the Performance member is exercising in a manner that may result in personal injury and or injury to others. Users must abide by the guidance of the Performance staff and personal trainers.

4. Mobile phones should not be used in any of the exercise areas and should be kept on silent.

5. Smoking is not permitted in any part of the facility.

6. Performance members may not use the facilities of Performance whilst under the influence of alcohol, narcotics or any other mood-altering substance.

7. Audio equipment such as radios or personal stereos are not permitted except with the use of headphones.

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Opening Hours

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1. Performance’s normal hours of operation are 7am to 12am Monday to Sunday.

2. Management reserves the right to adjust the hours for the purpose of cleaning, decorating, repairs, special private functions, holidays and events.

3. Management shall endeavour to give reasonable notice of any change in the hours of operation.

4. Last admission will be allowed one hour before closing and you are requested to leave the premises punctually at the time of closing.

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Dress Code

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1. All Performance members are required to wear appropriate gym attire when exercising and to dress modestly when working out, this includes all areas of Performance.

2. No torn clothes, jeans, denim shorts or beanie hats are permitted.

3. Closed toe, non-marking, rubber soled sports shoes/footwear are required at all times in Performance, ‘Crocs’ are not considered as a suitable workout shoe.

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Personal Training

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1. Personal training can only be conducted by Performance employed trainers.

2. All sessions must be completed on or before the contract expiry date.

3. Performance reserves the right to provide a replacement personal trainer in the event that the current trainer is not available (this will be at management's discretion).

4. Notice of cancellation of PT sessions must be given at least 24 hours in advance of the scheduled session time. Sessions will be deemed used within 24 hours of the scheduled session. Failure to attend a scheduled session without notice will result in the session being fully charged.

5. All PT sessions purchased are non-refundable and non-transferable.

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Group Fitness Classes

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1. Performance members must apply to participate in classes via the Performance website or the Glofox App.

2. Performance members are not allowed to participate in the classes if not present once it has started.

3. Performance members are asked to refrain from using mobile phones in all group exercise classes.

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Additional Terms and Conditions

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1. Soliciting and selling private Personal Training sessions or merchandise of any type to any Performance member is prohibited and shall result in immediate termination of the access concerned.

2. The Management reserves the right to use any individual or group photographs of Performance members for press or promotional purposes.

3. All Performance members must abide by the rules of Performance which may be amended and/or added to from time to time at the Management’s discretion.

4. Failure by Management to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.

5. All brandings, designs, logos and Performance interiors follow the OJ Lifestyle Brand Manual. Performance Members are not allowed to photograph or copy any Performance interior designs, promotional materials, tag lines, themes or concepts. OJ FZCO reserves the right to proceed with legal action to any member caught distributing, sharing or supplying such contents to any third-party vendor or competitor.

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Limitation of Liability

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Each Performance member agrees that:

1. OJ FZCO or its subsidiaries accepts no responsibility for loss, or damage to Performance members’ properties, belongings or for death or injuries sustained while on the premises.

2. Performance members agree that no claims will be made against the Company, OJ FZCO, the Management or staff for any reason whatsoever.

3. Members agree that the Company shall not be subject to any claims of indemnity nor any liability for any reason whatsoever.

4. OJ FZCO, its associated companies, employees or agents shall not be responsible for any claims, demands, injuries, damages or actions for negligence arising on account of death or due to injury, loss, damage or theft to Performance member’s personal property arising out of or in connection with the use by a Performance  member of any of the services, facilities on the premises of OJ FZCO.

5. The Performance member hereby holds the Company, OJ FZCO, its associated companies, employees and agents harmless from all claims which may be brought against them by or on a Performance member’s behalf for any such injuries or claims aforesaid.

6. Any advance payments towards fitness classes or any other payable activities, will not be refundable or transferable.

7. Any Performance surrounding areas or facilities that are not under the direct management of OJ FZCO (such as Danube Sports World) do not fall under OJ FZCO responsibility and The Company accepts no liability for any injury or loss incurred through use of these facilities.

8. Performance reserves the right to alter the facilities, services and equipment provided, without notice and without liability.

9. Members are responsible for any damage they cause to the facilities or equipment. It is the members sole responsibility to cover the complete cost to replace any borrowed items that are lost or stolen, and as such, applicable charges will be incurred accordingly. These charges encompass the fair market value or the current retail price of the item, including any associated taxes, fees, or shipping expenses.

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