A.GENERAL REGISTRATION CONDITIONS
1. An inscribed Member of RAFA NADAL ACADEMY KUWAIT (the “Sports Complex”) acknowledges to have visited the facilities of the Sports Complex and is fully aware of the timing and scope of the services (the “Services” as defined in the subscribed Package)provided therein and to have been informed of the rates (the “Membership Fees”) to be paid in consideration of the enjoying the Services, prior to signing the Contract clarifying, among other things, rights of the Members (the “Membership Rights”) to the scope and timing of the Services.
2. Membership will be granted at the discretion of the management of the Sports Complex(the “Management”) and the Sports Complex reserves the right to refuse membership without disclosing the reason for doing so.
3. In principle, the scope and timing of the Services are fixed, however, they are communicated on ‘for information’ basis only. The scope and timing of the Services may be subject to modifications from time to time, either temporarily or on permanent basis, by theManagement for reasons such as maintenance, reparations of the equipment or facilities, or otherwise at its sole discretion, and Management is not obliged to provide a notice or explanation to the Members for such a change.
4. Membership Rights are limited, non-exclusive rights of the Member to access the SportsComplex and use certain equipment and facilities and enjoy the Services within the SportsComplex in accordance with the Contract. Member may be prohibited from accessing certain facilities and areas within the Sports Complex and from using certain equipment therein.
5. Membership Rights are irrelevant to the actual usage of the Member of the Services; theMember acknowledges that a non-attendance or rare attendance of usage of the Services by a Member does not constitute an interruption of the Membership Rights nor entitle theMember for an extension for the duration thereof.
6. Membership Rights are personal and not divisible, i.e. Members are not permitted to assign or transfer all their Membership Rights without the approval of the Management at its own discretion and provided that the Management consent would be subject to certain administration fee, terms and conditions. Partial Membership Rights assign mentor transfer is totally prohibited and Membership Rights cannot be transferred to another existing Member of the Sports Complex. The Member shall hold a personal identity and non-assignable card. The sharing of the card is not permitted. The card must be presented for each access to the Sports Complex and its loss will incur its obligatory replacement at the cost of Ten Kuwait Dinars (10KD) for enjoying Membership Rights.
7. Joining fees are non-refundable upon cancelation or termination of the Contract for whatsoever reason.
8. The Membership fees are non-refundable upon cancelation by the Member or termination by the Sports Complex of the Contract for breach, without prejudice to any applicable laws including Consumer Protection Law 2014/39 (Article 10) in this regard within fourteen (14) days after signing the Contract as long as (i) the Member didn’t use any of the Services, or(ii) haven’t accessed the Sports Complex for reasons not attributed to the Sports Complex.
9. Security Deposit shall be kept by the Sports Complex as an interest free deposit against the Member’s performance of all his/her financial obligations as per the Contract. The Management shall apply a relevant deduction from the Security Deposit toward the costs of any breach by the Member. The Security Deposit is non-refundable in the event theMember subsequently elects to early terminate the Contract. The Management may, upon the request of the Member, apply the Security Deposit towards, and set-off the SecurityDeposit against, the Member’s obligation to pay the monthly installment of the MembershipFee for the last two months of the Contract Term.
10. In exceptional cases, e.g. relocation, a request may be considered, however in all cases an appointment must be set with the Management to discuss the exit options and financial implications of the early termination.
11. Contract duration shall be in accordance with the subscribed package and will not be renewed automatically, a notification of expiry from the Sports Complex to the Member may be communicated prior to the expiry date of the Contract. Beyond the duration of the Contract , Sports Complex reserves the right to modify its rates at its sole discretion.
12. Due payments are payable on the specified date through certain payment arrangements as described in the subscribed package. Any non-access to the Sports Complex does not eliminate the obligation to pay any of the due payments on time.
13. Any breach of the Internal Regulations and Code of Conduct as displayed within the SportsComplex by a Member shall lead to the termination of the relevant Membership Contract and the breaching Member will be liable for any loss occurred to the Sports Complex and/or a third party resulting from such a breach. Internal Regulations and Code of Conduct maybe amended from time to time at the Management›s discretion. The Management reserves the right to expel a Member on grounds of violation of Internal Regulations and Code ofConduct, miss-conduct or any such act/deed detrimental to the welfare, reputation andgoodwill of the Sports Complex. Specific childcare policy applies in the Sports Complex.
14. Members and their guests shall access and use the Sports Complex at their own risk and are advised to consult their physicians prior to commencing any type of physical exercise within.The Sports Complex is insured for any damage that may result of the Sports Complex defected components or materials and fault of its employees and contractors. The SportsComplex makes the commitment to maintain the material and installations in good working condition. Management, therefore, cannot be held responsible for any risk inherent to the physical activity performed within the Sports Complex. Nevertheless, Management may, but not obliged to, request from certain Members to insure, along with their physicians, of their capacity to be able to practice the activities that they choose. In all cases the Members discharges the Sports Complex of all responsibility as to the eventual problems that could arise due to the Members’ physical conditions.
15. Temporary Lockers will be provided to the Members as part of the Services. Members have to ensure that their lockers are securely closed and must be cleared daily. Unclaimed properties will be kept by the Sports Complex for a period of 1 week after which theManagement reserves the right to dispose the items in any way it sees fit. Clothing and other similar items will be disposed of after that 1 week period. Items of value will be sold periodically and all proceeds donated to a charity. No claims shall be entertained after this period.
16. The Sports Complex will not be held responsible for the services provided or sold by independent contractors within its premises, namely: physiotherapy, pro shop, restaurant and nutritionist. The Member shall lose access to these contractors and all upfront fees paid to these contractors in case of the termination of the Contract.
17. Tennis - Padel - Squash Court Reservations
i. Members have the possibility to reserve the courts 24 hours prior:-
- By phone.
- Directly at the reception desk with the reception staff.
ii. The access to the courts is exclusively reserved for Members. The names of all the players are asked for during the booking and at the access point.
18. The appropriate dress code is required on the courts and within the premises of the SportsComplex. Non-compliance of the Member with the dress code may result in denial of access to the Sports Complex or certain facilities within. Likewise, Members may be refused access to the courts if they are not wearing the appropriate shoes adapted to the different sport grounds.
19. The Member allows to receive free email promotions and discounts to the email address provided above.
20. Tennis School
i. The minimum age to subscribe a child to the Tennis School is five (5) years;
ii. Group classes are held from September to June - beside the school vacations (32 weeks in total) - upon reservation, depending on the level of skill and could subject to changes upon the discretion of the Management.
21. In connection with the Member or his/her guests’ use of the Sports Complex , the Member grant Sports Complex the right, without reservation or limitation, to photograph, video tape, and/or record the Member (the “Recordings”) and to use, in perpetuity and any manner, such Recordings as well as the Member and his/her guests’ name and contact details, for any purpose, including advertising, promoting, exploiting and/or publicizing any SportsComplex activity and shall waive any and all claims in connection with the Recordings.
B. MEMBER’S OPTIONS1. FREEZE PERIOD
As part of the Membership Rights for the annual Contract, the Member has the possibility to suspend (freeze) his Contract for a maximum period of 1 month, dividable in periods of minimum 7 days. To freeze the Contract, the Member must complete a (Freezing Form) prior to the 25th of the month for the request to take effect the following month which needs to be submitted personally to the Sports Complex. A Contract cannot be frozen during the first 3 months of its start. The freeze may not be used in respect of the notice period for termination of the Contract. Members cannot use or access the Sports Complex, or its Services during the freeze period.2. ADVANCE TOTAL FEES PAYMENTMembers paying of the total annual Fees upon signature of the Contract shall benefit from a reduced rate of the Fees. Such reduction will be communicated to the Member prior to signing.
C. DISCLAIMER AND MEMBER’ S LIABILITY
THE MEMBER ACKNOWLEDGES THAT THE GAMES OR ACTIVITIES THAT ARE EXERCISED IN THE SPORTS COMPLEX (ACTIVITY) ENTAIL KNOWN AND/OR UNANTICIPATED RISKS THAT COULD RESULT IN: PHYSICAL AND/OR EMOTIONAL INJURY INCLUDING, BUTNOT LIMITED TO, BROKEN BONES, SPRAINED OR TORN LIGAMENTS, PARALYSIS, DEATH,AND/OR OTHER BODILY INJURY AND/OR PROPERTY DAMAGE(S) TO THE MEMBER,ITS GUESTS AND ANY OTHER THIRD PARTIES PRESENT IN THE SPORTS COMPLEX,AND UNDERSTANDS THAT SUCH RISKS SIMPLY CANNOT BE ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF THE ACTIVITY. THE MEMBER EXPRESSLY AGREES AND PROMISES TO ACCEPT AND ASSUME ALL OF THE RISKS RESULTING THEREIN AND THE MEMBER ASSURES THAT ITS MEMBERSHIP IS PURELY VOLUNTARY AND ELECT TO PARTICIPATE IN SPITE OF THE RISKS.THE SPORTS COMPLEX OR ITS PRINCIPALS, EMPLOYEES, AGENTS, CONTRACTORS ACCEPT NO RESPONSIBILITY FOR LOSS OR DAMAGE TO MEMBERS’ OR THEIR GUESTS›PROPERTIES OR FOR DEATH/INJURIES SUSTAINED WHILST ON THE PREMISES OF THE SPORTS COMPLEX DUE TO ACTIVITY WITHIN THE SPORTS COMPLEX. MEMBERS AND THEIR GUESTS AGREE THAT NO CLAIMS WILL BE MADE AGAINST THE TAMDEEN SPORTS COMPANY OR THE MANAGEMENT OR STAFF FOR ANY REASON WHATSOEVER IN THIS REGARD.THE MEMBER/SIGNATORY WILL BE HELD RESPONSIBLE FOR ANY /ALL DAMAGE/NEGLIGENCE TO THE SPORTS COMPLEX’S PROPERTY, FIXTURE, EQUIPMENT, THIRD PARTY OR EMPLOYEE CAUSED BY THE MEMBER OR HIS/HER GUESTS AND MEMBER SHALL BEAR THE COSTS OF ANY OF SUCH DAMAGES.BY SIGNING BELOW, I REPRESENT AND WARRANT THAT I HAVE THE FULL LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF MYSELF AND ON BEHALF OF THE MEMBER AND THAT, I HAVE READ, UNDERSTOOD AND AGREE TO THE ABOVE TERMS AND CONDITION