CRANK TERMS AND CONDITIONS
Please read these terms and conditions (“Terms”) carefully, as they contain important information regarding your legal rights, remedies and obligations. The www.crank-fit.com website (“Website”) is operated by Crank Fitness Ltd and its affiliate Crank Gym LLC (“Crank”, “we”, “us”, or “our”), which offer a variety of fitness-related products and services (“Crank Services”).
By accessing or using the Website, whether as a visitor (simply browsing the Website) or as a member (upon creating an account with us and/or using a Crank Services), you agree to be bound by these Terms, which are available at Terms and Conditions. Your access and use of the Website and/or the Crank Services (regardless of whether you create an account with us), constitutes your agreement to these Terms. If you disagree with any part of these Terms, then you should leave the Website immediately and you are not permitted to use any Crank Services. If you wish to become a member, you must read these Terms and indicate your acceptance in the registration process.
MEMBER SERVICES AND POLICIES
Member Accounts: In order to access some features of the Website, and in order to use the Crank Services, you are required to register as a member by creating an account with us. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Acceptance of an application for membership is at our absolute discretion (although we will exercise our discretion reasonably and in compliance with applicable laws). We will not deal or provide any services or products to any OFAC sanctioned countries or persons.
Eligibility: The Website, as well as membership, is intended solely for anyone who is 18 years of age or older. By using the Crank Services or the Website, you represent and warrant that you are 18 years or older.
Password: When you create an account with us, you will be asked to choose a password. You are responsible for keeping the password secure and for maintaining the confidentiality of any and all actions that take place while using your account. You agree to notify us immediately of any breach of security or unauthorized use of your account. We are not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
Communications: After signing up for an account with us, you may receive periodic communications regarding the Crank Services. You can manage the messages you receive, by changing the preferences in your account on the Website.
Term, Account Termination and Suspension: These Terms shall remain in full force and effect while you use the Crank Services or are a member. You may terminate your membership at any time, for any reason, through the Website. We reserve the right to terminate access to the Website, or to terminate or suspend any Crank Services or your account at any time if we determine that you are or have been in repeat violation of these Terms, or we determine that you have created risk or possible legal exposure to Crank, or due to any unexpected technical issues or problems. We will endeavor to notify you by email or at the next time you attempt to access your account after any such deactivation, termination or suspension. Even after membership is terminated, these Terms will remain in effect.
Membership Packages: In order to book a class, you must be registered as a member and purchased one of our packages. We offer two types of packages: class (1 class, 5 classes, 10 classes or 20 classes) and monthly (1 month or 2 months). Class packages expire within certain months of the date purchased, depending on which package is purchased. Monthly packages expire after 30 days (1 month package) or 60 days (2 month package) from the date of purchase and are subject to a maximum number of classes that can be attended during that period. Packages and membership are non-transferable between members. Packages purchased are non-refundable, and may not be suspended, extended or frozen.
Payments: We accept payments online or at our premises using Visa and MasterCard credit and debit cards in AED (or any other agreed currency). When you purchase packages you will be prompted to pay through our third party payment provider. In the case of monthly packages, you may elect to have automatic renewal upon expiry of the term of membership. If you make a payment for our products or services on the Website, the details you are asked to submit will be provided directly to our third party payment provider via a secured connection. The cardholder must retain a copy of transaction records.
Cancellations and No-shows: Classes must be cancelled 12 hours in advance in order to avoid charges. Classes not cancelled prior to that time, including no-shows, will be charged in full. In the case of monthly packages, a class will be deducted from the monthly allowance. This also applies to changing to another time slot. Cancellations can be made through the Website or by calling the studio directly.
Waitlist: If you are late to a class that you have reserved, you may lose your spot to a waitlisted member. Open spots will be given away to members on the waitlist at the scheduled start time of a class. If the class you wish to attend is sold out, please put yourself on the waitlist. If there are cancellations, you will automatically be added to the class and informed by email. If you do not receive an email to confirm that you have been added to the class, you may still show up to the studio, and will get a place if there are no-shows, however we cannot guarantee a spot. If a class that you are waitlisted for does not clear, your class credit will be returned to your account to be used at another time.
Refunds: Packages purchased are non-refundable. If you choose not to continue your series, you are not eligible for a refund. Merchandise sales in the studio may be exchanged for other merchandise or store credit, however, no refunds will be issued.
Lockers and Personal Belongings: Lockers are available to our members subject to availability. Crank takes no responsibility for the safekeeping of your personal belongings placed in the lockers or elsewhere in our premises. Lockers are available for use only whilst you are using the facilities and must be cleared by you after each visit. Any un-claimed properties will be kept at the reception for two weeks, after which we reserve the right to dispose of the items.
Physical Fitness and Safety: You should consult with your doctor and consider the associated risks before participating in any activities at the studio. You agree, represent and warrant that you are fit to participate in our fitness programs, workouts or exercises and that you have voluntarily chosen to participate in an intensive physical exercise program.
You acknowledge that you are responsible for monitoring your own physical condition and agree to inform Crank regarding any and all relevant information about your physical condition. This includes informing us about any heart conditions, chest pain, loss of balance, loss of consciousness, dizziness, bone or joint problem, blood pressure irregularities, high cholesterol, diabetes, asthma, or any other condition that restricts you from doing any physical activity. You should also inform us if you are pregnant, have given birth recently, or have recently had surgery. You agree to immediately stop any physical exercise if you suffer from any unusual or concerning symptoms. We are not responsible for any health problems that may result from training programs, classes, consultations, products or events. Should you have any health-related questions, please call or see your doctor promptly.
Our classes make use of light equipment that create flashing or flickering lights which may potentially cause discomfort and trigger seizures for persons with photosensitive epilepsy; you agree to refrain from participating in these classes if you suffer from any form of seizures, epilepsy or visual photosensitivity.
You voluntarily assume all risks associated with these activities, and you acknowledge that Crank accepts no liability for any injury caused by the use of equipment, activity or other physical exercise other than in respect of injury resulting from the gross negligence of, or failure to take reasonable care by, Crank or our employees and instructors.
For the safety of all our members, we ask that you refrain from using mobile phones during classes taking place at the studio. Lockers are provided for members to store their mobile phones while attending classes. Appropriate clean exercise clothing must be worn whilst exercising. You may not attend the studio and any classes whilst under the influence of alcohol, antihistamines, beta-blockers, narcotics, or tranquillizers. If you are taking any medication, or have any sickness or injury, you are requested to inform the instructor at the beginning of the class.
LIMITATION OF LIABILITY
To the fullest extent permitted by law in the applicable jurisdiction, under no circumstances (including, without limitation, negligence) shall Crank, its officers, directors, employees, instructors, independent contractors or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever arising from any (i) use of the Website, (ii) errors, mistakes, or content inaccuracies, (iii) personal injury or property damage, of any nature whatsoever, relating to the use of the Website, (iv) unauthorized access to our secured servers and personal information stored therein, (v) interruption or cessation of transmission to or from the Website, (vi) bugs or viruses which may be transmitted to or through the Website by any third party, (vii) defamatory, offensive or illegal conduct of any third party, and/or (viii) third party content or third party products and services.
These limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not Crank has been informed of the possibility of such damages. The total liability of Crank will be limited to the fullest extent permitted by applicable law.
You agree to defend, indemnify and hold us harmless, and our officers, directors, employees, instructors, independent contractors or agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from any breach by you of any of these Terms, your use of and access to the Website, and/or a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
OWNERSHIP AND USE OF CONTENT ON THE WEBSITE
Content on the Website, including without limitation, video, audio, photographs, images, designs, illustrations, animations, logos, text, comments, data, information, executable files, workouts and workout data, interactive features, copyrights, trademarks, patents, applications and any intellectual property, is owned by or licensed to Crank.
Content is protected by copyright and trademark laws, and is for your information and personal use only. You may download copies of posted materials for personal, non-commercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material. You may not modify, copy, reproduce, publish, display, transmit, adapt, distribute, display, sell or in any way exploit any content for any purposes whatsoever without the prior written consent of Crank.
Our Website may link to, interact with or be available on third party services or products such as social media providers and third party devices. If you access such third party services or products, be aware that different terms and privacy policies may apply to your usage of such services.
“Crank”, “Crank Fitness”, and the “CK” logo and other graphics, logos, scripts, and designs are trademarks and trade names of Crank in the United Arab Emirates and other countries for which applications are pending. Crank’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Crank.
We may take photographs or movie shots of the premises, classes, events and other activities relating to Crank. You may be included in some of these photographs, either individually or as a group. We reserve the right to use such photographs or movie shots for press or promotional purposes unless you instruct us otherwise.
The Crank Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book a class and/or purchase packages, (ii) the ability to receive and reply to messages, (iii) the ability to browse the Website from your mobile phone and (iv) the ability to access certain features through a mobile application you have downloaded and installed on your mobile phone. We do not charge for these mobile services, however, your carrier's standard messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost.
While we strive to make our applications available on many platforms, we cannot guarantee that our applications will work with all carriers or devices. By downloading or using our applications, you expressly agree that we may communicate with you by SMS, MMS, text message, email or other electronic means directed to your mobile device and that certain information about your usage of the applications may be communicated to us.
DISCLAIMERS; NO WARRANTIES
To the fullest extent permitted by law in the applicable jurisdiction, Crank, its officers, directors, employees, instructors, independent contractors and agents disclaim all warranties, express or implied, in connection with the Crank Services, the Website and your use thereof. Crank makes no warranties or representations about the accuracy or completeness of the Website, its content, or the content of any sites linked to the Website, and assumes no liability and responsibility for any use of the Crank Services or the Website.
We do not warrant that the Crank Services will meet your requirements, and we cannot guarantee any specific results from the use of Crank Services. You expressly acknowledge and agree that use of the Crank Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. The Crank Services are provided on as “as is” and “as available” basis and Crank expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
ENTIRE AGREEMENT; NO WAIVER
GOVERNING LAW, JURISDICTION AND ARBITRATION
Crank Fitness Ltd is domiciled in the British Virgin Islands and Crank Gym LLC is domiciled in the United Arab Emirates. These Terms, any other legal notices published by Crank on the Website, and any disputes or claims arising out or in connection with these Terms, shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any disputes or claims will be conducted only on an individual basis and not in a class, consolidated or representative action. Both you and Crank agree that the courts of the Dubai International Financial Centre shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms. You and Crank agree that any cause of action arising out of or in connection with these Terms must commence within one year after the cause of action accrues, otherwise, such cause of action is prohibited. In the event of any litigation or binding arbitration arising from or related to these Terms, or the Crank Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, legal fees, and all other related expenses incurred in such litigation or binding arbitration.
If you have any questions regarding these Terms, the Website, or the Crank Services, please contact us at:
Crank Gym LLC
P.O. Box 414627
Unit 43, Al Serkal Avenue, Street 8, Al Quoz 1, Dubai, United Arab Emirates