WhenWhere Personal Training — Terms & Conditions
This agreement is entered into between WhenWhere (the “Company”, “we”, “us”) and the undersigned (the “Client”, “you”). The provision of personal training and related services, and the use of any premises, facilities or equipment, are contingent upon your acceptance of these terms. This agreement is governed by the laws of the United Arab Emirates and the Emirate of Dubai, and the courts of Dubai shall have exclusive jurisdiction.
1. Assumption of risk
You acknowledge that physical exercise — including personal training, boxing, kickboxing, martial arts, yoga, pilates and strength training — involves inherent risks of injury, illness, aggravation of pre-existing conditions and, in rare cases, death. You participate voluntarily and at your own risk and assume responsibility for any and all injury, loss or damage you may suffer.
2. Release and limitation of liability
To the maximum extent permitted by UAE law, you release and hold harmless WhenWhere, its owners, employees, trainers, contractors and partners from any and all claims, demands, losses, costs or liabilities arising out of or in connection with the services, including any matter not expressly mentioned in this agreement, save for liability that cannot be excluded by law.
For the avoidance of doubt, nothing in this agreement excludes or limits any liability that cannot lawfully be excluded or limited under UAE law, including liability arising from death or personal injury caused by proven gross negligence or wilful misconduct. Where any such act or omission is attributable to an individual trainer, that trainer may remain personally responsible to the extent provided by applicable law, without prejudice to any liability that may legally attach to WhenWhere.
Our total aggregate liability shall in no event exceed the amount actually paid by you for the services giving rise to the claim, to the maximum extent such limitation is permitted by applicable UAE law. We are not liable for indirect or consequential loss, nor for loss, theft or damage to personal property, nor for the condition or safety of any premises, residence, gym, court or outdoor location chosen or provided by you, except to the extent that such liability cannot be excluded by law.
3. Medical clearance and health declaration
You confirm that the information provided in this form is complete, true and accurate, that you are medically fit to exercise, and that you have obtained a physician’s clearance where required, including in relation to pregnancy, cardiac, metabolic, respiratory or orthopaedic conditions. You will inform your trainer immediately of any change in your health, medication or symptoms, and will stop exercising and seek medical assistance if you feel unwell. Trainers are not medical professionals and do not provide medical diagnosis or treatment; nutrition guidance is general in nature and does not replace medical or clinical dietetic advice.
4. Package validity and expiry
Sessions must be used within the validity period of the package purchased, counted from the date of the first session or of purchase, whichever is earlier: a 10-session package is valid for 10 weeks; a 20-session package for 20 weeks; and a 30-session package for 30 weeks. Any sessions not used within that period automatically expire and are forfeited, with no refund, credit, extension or transfer, even if unused. Extensions may be granted only at our sole discretion and in writing, for documented medical reasons.
5. Cancellation, lateness and no-show
Sessions cancelled or rescheduled with less than 24 hours’ notice are charged in full and deducted from the package. If the Client is late, the session ends at the scheduled time. If the Client is not present 15 minutes after the start time, the session is treated as a no-show and is deducted in full.
6. Payments and refunds
All packages are payable in advance and are non-refundable and non-transferable unless otherwise agreed by us in writing. Prices are quoted in AED and may be updated for future purchases.
7. Trainers, location and access
We reserve the right to assign, replace or reassign trainers at any time as reasonably necessary to ensure continuity, quality and safety of the services. You are responsible for providing a safe, adequate and lawful training space and for obtaining any permission required from your building, community or facility management.
Non-solicitation, non-circumvention and direct engagement
You acknowledge that the relationship between you and the trainer is established and facilitated through WhenWhere and that the trainer is a business resource of WhenWhere. During the term of your package and for 12 months thereafter, you agree not to directly or indirectly:
- engage, employ, contract with or otherwise retain any WhenWhere trainer outside WhenWhere;
- request or encourage a trainer to provide personal training or related services to you outside WhenWhere;
- make or accept private payment arrangements with a trainer for services that would otherwise be provided through WhenWhere;
- exchange or use personal contact details for the purpose of circumventing WhenWhere or arranging training services outside WhenWhere; or
- assist, encourage or facilitate any third party in doing any of the above.
This restriction applies whether the arrangement is made directly or indirectly, including through another person, company, family member or other intermediary. You agree that any private approach, solicitation or proposal made to you by a WhenWhere trainer to provide services outside WhenWhere must be reported to WhenWhere promptly and, in any event, without undue delay. You must not accept or facilitate such an arrangement without our prior written consent.
Any attempt by a trainer to circumvent WhenWhere does not release you from your obligations under this clause. Likewise, your participation in, acceptance of, or facilitation of such an arrangement may constitute a material breach of this agreement. To the maximum extent permitted by UAE law, any breach of this clause may entitle WhenWhere to seek appropriate contractual remedies, including recovery of demonstrable losses, costs and expenses arising from the breach and, where available, injunctive or other equitable relief to prevent or restrain continued circumvention.
Nothing in this clause prevents you from communicating with a trainer where reasonably necessary for the proper delivery, safety or administration of a WhenWhere training session, provided that such communication is not used to circumvent WhenWhere or establish a private commercial relationship with the trainer. This clause is intended to protect WhenWhere’s legitimate business interests, client relationships, goodwill and investment in recruiting, onboarding, training and providing access to its trainers, and shall apply only to the extent enforceable under applicable UAE law.
8. Conduct
You agree to follow your trainer’s instructions and safety guidance, to behave respectfully, and to refrain from training under the influence of alcohol or drugs. We may suspend or terminate services, without refund, in case of abusive, unsafe or unlawful conduct.
9. Data protection (UAE)
Your personal and health data is collected and processed by WhenWhere in accordance with UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL) and applicable UAE health data regulations. By signing, you give your explicit consent to the collection and processing of the sensitive health information provided above for the sole purpose of assessing your fitness, designing a safe training program, managing your bookings and communicating with you.
Data is stored securely, retained only as long as necessary or as required by law, accessed only by authorised staff and your assigned trainer, and never sold. It may be shared with emergency or medical services if your safety requires it, or with authorities where legally required. You may at any time request access to, correction, restriction, portability or deletion of your data, or withdraw your consent (which may prevent us from continuing to provide the services), by writing to whenwherefit@gmail.com.
10. Media
We will not use your photograph, video or name for marketing purposes without your separate prior written consent.
11. General
If any provision is held invalid, the remaining provisions remain in force. These terms constitute the entire agreement between you and WhenWhere and may be updated from time to time; the version accepted at the time of purchase applies. Your electronic signature below has the same effect as a handwritten signature.
Client acknowledgement and acceptance
By signing below, I confirm that I have read, understood and agreed to these Terms and Conditions, including the provisions relating to assumption of risk, medical fitness, package expiry, cancellation and no-show charges, payments and refunds, trainer non-solicitation and non-circumvention, data protection and use of personal information.