Enhance Fitness is a fitness platform that provides affordable certified personal trainers to clients at a location and time of their convenience across a wide range of workout types.
These Terms of Use (“Terms”) set forth the terms and conditions applicable to and governing your access to and use of the website https://www.Enhance Fitness.com/our applications designed for download and use on mobile, tablet, smart watch and other personal devices (“Apps”), and all features, functionalities, services and Content (as defined herein) and/or our Services (as defined below) made available through such websites and applications (collectively, “Digital Properties”) made available by Enhance Fitness LLC (“Enhance Fitness”, “we”, “our” “us”). Please read these Terms carefully
This Agreement, and our privacy policy (“Privacy Policy”) shall constitute the entire agreement between you and Enhance Fitness concerning the Digital Properties. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.
By using the Digital Properties, and the features and Services made available through the Digital Properties, you are acknowledging that you are 18 years or over and that you have read, understand and agreed to these Terms and expressly agree that they form a binding legal contract between you and Enhance Fitness.
In addition, in respect of Apps only, you acknowledge and agree that the availability of each App is dependent upon the third-party app store from which you download the App (the “App Store”). You acknowledge that these Terms are between you and Enhance Fitness, and not with the applicable App Store. Each App Store may have its own terms and conditions to which you must agree before downloading an App from it, and the limited rights Enhance Fitness grants you to use the App are conditioned upon your compliance with any and all terms and conditions of such App Store.
These Terms and Conditions may change as we continue to evolve our business, as well as the Digital Properties or any portion thereof. If we change these Terms, we will post the revised document here and such changes will be effective immediately upon that posting. We will advise you of changes to our Terms where such changes are necessary, via the email address you have provided. Your continued use of the Digital Properties constitutes your deemed acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using the Digital Properties. If you do not agree to any of the changes, you should cease use of the Digital Properties and Services immediately.
Our goal is to do our best to ensure that every experience with Enhance Fitness will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem or concern. To do so, please contact us via email on [email protected]. When contacting us, we ask that you include your name, phone number and email address, and a description of your problem or concern.
The Digital Properties and Services are intended for use by adults over the age of 18 who reside in the United Arab Emirates, Qatar and the Kingdom of Saudi Arabia who, by using the Digital Properties, consent to use of the Digital Properties in accordance with laws of their country of residence from which they obtain Enhance’s products and services, these Terms and our Privacy Policy. Enhance Fitness makes no representation that the Digital Properties and/or Services are available for use in your location. If you choose to access the Digital Properties from locations outside of the United Arab Emirates, Qatar and the Kingdom of Saudi Arabia, you do so on your own initiative and at your own risk. By using or attempting to use the Digital Properties, you are representing to Enhance Fitness that you meet the foregoing eligibility requirements and have the legal capacity to enter into and be bound by these Terms.
You are solely responsible for any charges incurred in obtaining access to the Digital Properties including, without limitation, charges from your internet service provider and/or wireless carrier. While you may be able to purchase certain goods or services through the Digital Properties, the Digital Properties themselves are currently provided for free. Enhance Fitness reserves the right to change the nature of this relationship at any time, without prior notice or liability to you. In addition, access to certain Digital Properties or portions thereof may be limited to Enhance Fitness members, as described in the “Your Account” section below
Enhance Fitness has no obligation to maintain the Digital Properties, in whole or in part, nor does it have any obligation to provide you with any related maintenance or support services. Enhance Fitness reserves the right to render the Digital Properties, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify the Digital Properties or any portion thereof, at any time and for any or no reason, without prior notice or liability to you. Any Content or other information made available on or through the Digital Properties is also subject to change at any time and without prior notice or liability to you.
Some portions of the Digital Properties may invite or require you to create an account and associated log-in credentials (including a password), and you may not be able to access certain Content or features, functionalities, or services of the Digital Properties, without creating and logging into such an account. In some instances, the right to create an account may be limited to current members of Enhance Fitness in good standing. You agree to provide true, accurate and current information when creating an account, and you are responsible for updating your account information as needed to ensure it remains current. If you choose, or are provided with log-in credentials, password and any other piece of information as part of our security procedures, you must treat such information as confidential. You are responsible for maintaining the confidentiality of your log-in credentials, and you hereby acknowledge and agree that you are fully responsible and liable for all usage and activities that occur under your account, whether authorized by you or not. Each individual may only register one (1) account. You agree not to share or permit others to use your account and/or log-in credentials. You may not assign or transfer your account to any other person. You agree to notify Enhance Fitness immediately if you know of or suspect any unauthorized use of your account or password or any other breach of security related to your account. Notwithstanding anything to the contrary in these Terms, Enhance Fitness reserves the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify Content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.
Subject to your compliance with these Terms, Enhance Fitness gives you the limited, non-exclusive, non-transferable, and revocable license to access and use the Digital Properties solely for your personal and non-commercial use.
Your rights under these Terms will automatically terminate without notice and without refund of any fees if you fail to comply with its terms. We may restrict, suspend, or terminate your use of the Digital Properties at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, or otherwise involves fraud or misuse of the Digital Properties or harms our interests or those of another user of the Digital Properties. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
As between you and Enhance Fitness, Enhance Fitness owns the Digital Properties and all content displayed or made available on or through, or otherwise included in, the Digital Properties, including without limitation all text, video clips, audio clips, graphics, trademarks, service marks, trade names, logos, icons, images, data, information, code and software, regardless of whether registered or unregistered, and any combinations and compilations thereof (collectively, “Content”). The Digital Properties and Content, including the selection, coordination, arrangement and enhancement of Content and the design, layout and “look and feel” of each Digital Property, constitute valuable intellectual property of Enhance Fitness, and are protected by applicable copyright, trademark and other applicable intellectual property rights and laws.
We welcome your feedback regarding the Digital Properties, so long as the content is not illegal, fraudulent, immoral, inappropriate, obscene, defamatory, offensive, disrespectful, violent or abusive in nature and/or does not consist of any form of ‘spam’. Enhance Fitness reserves the right to remove any such content. Please understand that any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) posted on, submitted through, or otherwise sent to Enhance Fitness as a result of the Digital Properties shall become and remain the exclusive property of Enhance Fitness. All Comments will be treated as non-confidential, and therefore you agree not to post, submit or send to Enhance Fitness, on an unsolicited basis, any ideas, confidential information, proprietary information or other Comments that you do not wish to assign to Enhance Fitness including and without limitation ideas for new or improved products, services, technologies, marketing, advertisements promotions or other services, products or offerings and any original creative materials such as stories, videos, computer code, images or artwork. By posting Comments, you agree that Enhance Fitness may use and publish your name in connection with such Comments.
By using the Digital Properties, you agree not to:
Harass, threaten or defraud any members, Enhance Fitness or Enhance Fitness Trainer
Make unsolicited offers, advertisements, proposals or send junk mail to any members, Enhance Fitness or Enhance Fitness Trainer
Impersonate another person or access another member’s account fraudulentl
Permit third parties to use any Sessions booked under your account (including but not limited to other members)
Knowingly upload material such as a virus that is damaging to the Digital Properties
Upload or share inappropriate, hateful, or illegal content via the Digital Properties
Enhance Fitness may provide links to other websites that may be of interest to users. Where such links are provided, these links are for your information only. Such websites are not endorsed or guaranteed as reliable or accurate by Enhance Fitness. Enhance Fitness has no control over such linked websites and is not responsible for the accuracy of the content or any damage you may incur from such websites. You link to such websites at your own risk and irrevocably waive any claim against Enhance Fitness
We may use social plugins on our Services, for instance third-party APIs and/or plugins of the social networks such as Facebook, Twitter, Google+, Pinterest and Tumblr, and may feature icons, like the “thumbs up” icon or text like "Recommend“, "Like“ or "Comment“. These cookies are activated once you start navigating our website. Your browser may create a connection to the servers of such social networks and/or transmit data to such servers when you view a page on our website. If you use the plugin functionality (e.g. click the “Like” button or make a comment), this information is also transmitted directly to the social network by your browser and may be stored there. We shall at no time accept liability for the policies, performance or any other aspect of such third-party APIs or plug-ins
We may provide functionality linking your Enhance Fitness account to wearable fitness technology such as a FitBit or Apple Watch. You authorise Enhance Fitness use your personal data to perform, monitor, and record such services subject to the terms of our
and acknowledge that under no circumstances will Enhance Fitness be liability for any failure of such connectivity or synchronization however caused
We understand the importance of protecting your personal information. We use the personal information collected through the Digital Properties in an effort to fulfil our commitment to offering and providing unparalleled member service. Prior to sharing any personal information with us, please visit our
so that you may understand how we collect, share and use information gathered from or through our access to and/or use of the Digital Properties. By using any Digital Property, you also agree to the terms of our
and expressly consenting to our collection, use and disclosure of your personal information, as described therein.
Through the Digital Properties, Enhance Fitness offers registered Enhance Fitness members the opportunity to reserve and purchase training sessions (“Sessions”) directly with personal trainers (the “Enhance Fitness Trainers”) across the United Arab Emirates, Qatar and the Kingdom of Saudi Arabia on a flexible basis (the “Personal Training Services”). By using, accepting and/or retaining a Session, you agree to these Terms in respect of the Personal Training Services. Enhance Fitness reserves the right to change, amend or terminate the Terms for Personal Training Services, at its sole discretion, at any time with or without notice or liability to you
You may be required to acknowledge that a training session (or other goods or services) has been delivered by our or our representatives to you. You hereby undertake that you will act in good faith at all times and shall not unreasonably withhold any acknowledgment of receipt of service, with failure to do so entitling us to suspend your account and related services pending completion of our customer services issue escalation policy and procedure from time to time applicable.
An Enhance Fitness member that has made an appointment for a Session may cancel or change the time of the Session provided that a minimum of 12-hours’ prior notice is given. You can make these changes via the Personal Training tab in your account within the Digital Properties, or by contacting Enhance Fitness directly at +97158 999 7945 or [email protected]
If you have cancelled your session with a minimum of 12-hours’ notice then the session will be credited back to your account.
Members will automatically be charged for the full cost of the Session in respect of any late cancellations or no-show appointments
You must provide us with a current, valid, accepted method of payment. To make a payment, you will be directed to a third party provider’s website. You are required to review and agree to the third party provider’s terms and conditions.
Once the payment is made, a confirmation notice will be sent to the client via their registered email within 24 hours of receipt of payment.
Enhance Fitness may offer discounts on Sessions to members who purchase a package of Sessions and these discounts only apply to the number of Sessions purchased as a group (“Package Sessions ”). Any further or additional Sessions will be charged at the regular rate then in effect for individual Sessions. Package Sessions cannot be redeemed or exchanged for cash. Resale, transfer and sharing of Package Sessions is strictly forbidden
Enhance Fitness may offer loyalty points on Sessions purchased and conducted to members. Members may redeem such points against sessions, packages, or third-party benefits as may be published by Enhance Fitness from time to time. The terms of use of such loyalty program may change at any time as published on the Enhance digital properties and/or notified to users at any time by Enhance Fitness or its affiliates.
To the extent permitted by applicable law, all sales are final, payments are non-refundable and there are no refunds.
Sessions may expire as per the details set out on our website
No refund will be given in respect of any unused or expired Sessions. Sessions cannot be carried over
Enhance Fitness is not a health care or medical provider. The Digital Properties and the features, functionalities, services and Content made available therein, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials (collectively, the “Fitness Features”), are provided for general informational purposes only, and do not constitute medical advice. Without limiting anything herein, Enhance Fitness hereby disclaims all warranties whether statutory, express or implied, including but not limited to implied warranties of merchantability and fitness for purpose, related to any of the Fitness Features or other services offered via the Digital Properties. For the avoidance of doubt, the Fitness Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. You agree that attendance of any Sessions with an Enhance Fitness Trainer is at your own risk. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any fitness or nutrition regimen and/or attending Sessions with an Enhance Fitness Trainer and/or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions
Enhance Fitness is not liable or responsible for any consequences of you having read, used or relied upon any Fitness Features. By using any Fitness Feature and/or booking a Session with an Enhance Fitness Trainer, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any Fitness Feature and/or attending a Session. If you choose to use any Fitness Features and/or choose to attend a Session with our Enhance Fitness Trainers, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise which could cause increased risk or injury or adverse health consequences as a result of using such Fitness Features or training with our Enhance Fitness Trainers, and you hereby assume associated risks. Prior to your first Session, we require you to complete a waiver form online (“Waiver Form”). A booking cannot be made until such Waiver Form is complete.
IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY FITNESS FEATURE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees and for fraud or fraudulent misrepresentation.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENHANCE FITNESS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FITNESS FEATURES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH FITNESS FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY FITNESS FEATURE AND/OR ATTEND A SESSION WITH AN ENHANCE FITNESS TRAINER IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Enhance Fitness WILL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY FITNESS FEATURE AND/OR IN ANY WAY CONNECTED TO ATTENDANCE OF SESSIONS WITH AN ENHANCE FITNESS TRAINER BOOKED THROUGH THE DIGITAL PROPERTIES.
You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Digital Properties is to stop using and, where applicable, uninstall the Digital Properties
Every effort is made to ensure that the Digital Properties are accurate and complete. The Digital Properties are provided “as is” only, without warranties of any kind either express or implied. Enhance Fitness does not warrant that the functions contained in or access to the Digital Properties will be timely, uninterrupted or error free or that defects will be corrected or that the download, installation or use of the Enhance Fitness APP or website is virus free or free of other harmful components. You are responsible for using your own virus protection software.
Enhance Fitness Parties (as defined below) do not warrant or make any representations or guarantees regarding the use or the results of the use of the Digital Properties, Fitness Features or the Personal Training Services in terms of their accuracy, reliability or otherwise.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENHANCE FITNESS, ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “ENHANCE FITNESS PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL PROPERTIES AND/OR SERVICES AND/OR THESE TERMS. IN THE EVENT THAT ENHANCE FITNESS IS LIABLE FOR DAMAGES DESPITE THE FOREGOING PROVISION, YOU AGREE THAT ENHANCE FITNESS’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CAUSES OF ACTION IN RELATION TO ANY ORDER, SALE OR DELIVERY OF ANY PRODUCT OR SERVICE BY ENHANCE FITNESS UNDER THESE TERMS SHALL NOT EXCEED THE PRICE OF THE PRODUCT OR SERVICE GIVING RISE TO SUCH CLAIM.
In no event shall Enhance Fitness be liable for any indirect, special, consequential or incidental damages that result from the Digital Properties or your use of or inability to use the Digital Properties or any other website or device, even if Enhance Fitness should have foreseen the possibility of such damages
You agree to defend, indemnify and hold the Enhance Fitness Parties harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys’ fees), arising out of or in connection with: (1) your access to and/or use of the Digital Properties or any portion thereof; (2) your Comments or Unsolicited Ideas; (3) your failure to comply with these Terms or with any applicable law, rule or regulation; (4) your infringement, misappropriation or violation of the Digital Properties or Content or of any third party’s intellectual property right; or (5) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. Enhance Fitness will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations.
Enhance Fitness’s corporate offices are located at Ibn Batuta Gate Offices, Office 612, Dubai, UAE. If you have questions regarding these Terms, or our Digital Properties, please contact us by email on [email protected].
Your feedback is always welcome and appreciated
You may terminate these Terms at any time by ceasing to access and use the Digital Properties and, where applicable, uninstalling the Digital Properties. Please understand, however, if you subsequently decide to resume accessing and using any of the Digital Properties, you will again be bound by the then-current Terms. We may terminate these Terms, or otherwise terminate, suspend or restrict your access to and use of the Digital Properties, in whole or in part, at any time and without prior notice or liability to you, for any reason, including without limitation your failure to comply with any portion of these Terms
If any of the provisions of these Terms are found to be illegal, void or unenforceable as a result of a decision of any court of competent jurisdiction, then the provisions shall be deemed severable and shall not affect the validity and the Terms shall remain if full force and effect save for such severed provision switch shall be deemed deleted.
These Terms are governed by and construed in accordance with laws of the United Arab Emirates as applicable in the Emirate of Dubai. We both agree that the courts of DIFC shall have exclusive jurisdiction.
We will not trade with or provide any services to OFAC and sanctioned countries.