PUBLIC OFFER AGREEMENT

Public Offer (Proposal) of the website https://www.swimmingdxb.com for the provision of physical fitness and sports services in swimming.

Please carefully read the text of this public offer. If you do not agree with any provision of the offer, the Contractor invites you to refrain from using the services or to conclude an individual agreement under separately discussed terms.

1. TERMS AND DEFINITIONS

1.1. In this Agreement, unless the context requires otherwise, the terms defined below shall have the following meanings and constitute an integral part of this Agreement:

• AGREEMENT – this Agreement for the provision of services under a subscription system (for individuals and legal entities), which constitutes a public offer in accordance with Articles 129, 130, 132, and 135 of the UAE Civil Code (Federal Law No. 5 of 1985) and Federal Law No. 18 of 1993 ("Commercial Transactions Law").

This public offer represents a legally binding proposal (Binding Offer Agreement) addressed to any individual or legal entity. Any person who accepts this offer (by making a payment, subscribing, or registering on the platform) thereby enters into a binding Agreement with the Contractor and agrees to its terms.

If the Customer does not agree with any provision of this Agreement, the Contractor offers the Customer the option to refrain from using the services or to conclude an individual agreement under separately negotiated terms.

• CONTRACTOR – ProFit Swimming FZE, a legally registered Free Zone Establishment (FZE) in Dubai, UAE, holding Trade License No. [Your Trade License Number], specializing in swimming training, coaching management, and digital solutions for sports professionals.

• CUSTOMER – a legally competent individual of full legal age (18+) or a legal entity that has accepted this public offer either personally or in the interest of a third party and has paid for the services under this Agreement. The Customer may also be the Consumer.

• CONSUMER – an individual who engages in swimming training, physical fitness, and sports activities, whether for health improvement, competitive sports, or recreational purposes, using the Contractor’s services.

• SUBSCRIPTION – a package of services that includes a set number of specific services chosen by the Customer, as detailed in the Contractor’s informational materials. The Subscription grants the Customer access to relevant services, including training sessions, educational content, and analytics tools.

• SERVICE – physical fitness, sports, consulting, and educational services provided in the forms specified in this Agreement. Services may be delivered in-person, through online courses, via a mobile application, or other digital platforms operated by the Contractor.

• PHYSICAL FITNESS SERVICE – services provided by the Contractor to meet the Consumer’s needs for health improvement, physical rehabilitation, and fitness-based leisure activities.

• SPORTS SERVICE – services aimed at helping the Consumer achieve sports performance goals, improve technical skills, and enhance athletic achievements.

• EDUCATIONAL & CONSULTING SERVICE – services aimed at increasing knowledge, technical skills, and professional development in swimming and coaching, including online courses, webinars, consulting sessions, and analytics-based coaching support.

• TARIFF-SUBSCRIPTION – a set of services approved by the Contractor, specifying access privileges, duration of access, and associated costs. Information about Tariff-Subscriptions is available on the Website and Mobile Application and is agreed upon with the Customer before the provision of Services. The Customer will receive a personalized training schedule and access details after confirming the subscription.

• 1.2. TERMS AND DEFINITIONS

• 1.2. In this Agreement, unless the context requires otherwise, the terms defined below shall have the following meanings and constitute an integral part of this Agreement:

• SERVICE PROCESS – a set of operations performed by the Contractor during direct interaction with the Consumer in the process of providing the Services.

• SERVICE CONDITIONS – a set of factors affecting the Consumer during the provision of Services.

• SERVICE QUALITY – a set of characteristics of the services that determine their ability to meet the Consumer’s physical fitness and sports needs.

• PHYSICAL FITNESS AND SPORTS FACILITIES – swimming pools, sports fields, open water bodies, equipped beaches, buildings, structures, and designated areas with specialized equipment intended for physical fitness, sports activities, sports events, and recreational activities.

• SPORTS EQUIPMENT – devices, apparatus, and tools used to equip venues for training sessions and competitions.

• SPORTS GEAR AND INVENTORY – a set of items and accessories necessary for ensuring the service process for Consumers.

• COACHING STAFF (COACH) – individuals engaged in physical fitness, sports training, and educational activities, possessing the required sports and professional qualifications.

• WEBSITE – a collection of graphic and informational materials, texts, images, audio works, audiovisual works (photos, videos, audio materials), and other intellectual property, as well as software and databases ensuring their availability on the Internet at [ProFit Swimming’s website], including subdomains (a page or a collection of pages located on third-level domains owned by the website, as well as other temporary pages of the website).

• SOFTWARE (SOFTWARE TOOLS) – a web browser (Google Chrome, Safari, Firefox, Edge, Opera, and similar) for accessing information resources available on the Internet, and any other required software (such as media players for audiovisual content, document readers, or other applications needed to access and process the Contractor’s provided information). This also includes platforms for webinars, masterclasses, and other real-time online events.

• PLATFORM – software and hardware tools integrated with the Contractor’s website and mobile application, serving as a storage and access system for the Contractor’s digital materials and services. The Contractor reserves the right to choose any Platform for hosting educational and informational materials, including but not limited to YouTube, Zoom, GetCourse, JustClick, or other video streaming and training platforms. The Contractor may also host materials on social media platforms (such as Instagram, Facebook, and others) and reserves the right to switch platforms at any time.

• PROMOTIONAL DISCOUNT – a special offer (discount) applied to a specific service or subscription plan. The discount amount is indicated on the service page on the website or mobile application, and the final price is displayed with the applied promotional discount.

• INFORMATIONAL MATERIAL – any educational, training, or consulting content, including audio, video, and text materials, made available by the Contractor on its platforms, website, social networks, or any other sources of its choice. These may include video lessons, webinars, podcasts, booklets, books, presentations, assignments, workshops, recorded courses, and any other digital resources intended for the Consumer’s personal informational use.

• ANNOUNCEMENT – information about services, informational materials, promotions, and other marketing or advertising campaigns, published on the website and mobile application.

• GENERAL PHYSICAL TRAINING (GPT) – a system of physical preparation aimed at developing general fitness, endurance, strength, flexibility, and coordination.

• 1.3. The Agreement may use terms not explicitly defined in Clause 1.2. In such cases, the interpretation of terms shall be carried out in accordance with the text and meaning of this Agreement.

• If a term lacks a clear interpretation within the text of this Agreement, reference should be made to definitions used on the Website (including but not limited to any legal documentation posted on the Website), business customs in the relevant industry, and applicable laws and regulations in Dubai, UAE.

• 1.4. All terms and definitions listed in Clause 1.2 of this Agreement may be used in both singular and plural forms without affecting their meaning.

• 1.5. All terms and definitions in this Agreement are formulated solely for convenience and shall not affect the legal significance of any specific provisions.

• 2. GENERAL TERMS AND SUBJECT OF THE AGREEMENT

• 2.1. The Contractor agrees to provide the Customer with access to the Contractor’s Services in accordance with the selected Tariff-Subscription. The Customer accepts and pays for the Services under the Subscription system either for their own benefit or for the benefit of a third party, referred to as the Consumer, in cases where the Customer and the Consumer are not the same person, in accordance with the terms of this Agreement.

• 2.2. The Customer and the Consumer may be the same individual.

• 2.3. Payment of the service fee by the Customer, at the price applicable at the time of payment, constitutes acceptance (acceptance of the offer) and results in the conclusion of this Agreement under the terms of this public offer.

• 2.4. The payment made by the Customer confirms that both the Customer and the Consumer have read and fully accept the terms of this Agreement.

• 2.5. Failure to pay, or improper execution of the payment terms under this Agreement, does not constitute acceptance of the offer and does not result in the conclusion of the Agreement.

• 2.6. Once the Agreement is concluded through payment, the Customer and Consumer are considered to have accepted all terms and agree to comply strictly with them.

• 2.7. The provision of Services to the Consumer, as stipulated in this Agreement, does not require an additional confirmation document (such as a Service Completion Act). The Services are considered provided once the Contractor has fulfilled the obligations as per this Agreement, and no separate document needs to be signed by the parties.

• 2.8. Under this Agreement, the Contractor provides the following services:

• Group and individual training sessions in swimming, general physical training (GPT), and sports swimming.

• Development of personalized (or group) training plans and recommendations.

• Organization of swimming sports events and competitions.

• Provision of informational and consulting services related to swimming, physical fitness, and sports.

• Professional development and qualification enhancement for coaches and/or professional athletes.

• 2.8.1. Services may be provided in both group and/or individual formats, depending on the Customer's choice and payment.

• 2.8.2. The complete list of Services provided by the Contractor is available on the Website and Mobile Application, which the Customer/Consumer must review independently.

• 2.8.3. Specific conditions for the provision of Services (such as schedules, duration, location, delivery method, and pricing) are outlined on the Contractor's Website and/or in the relevant appendices to this Agreement.

• 2.9. The Contractor’s Services (or specific Services) may be available to individuals regardless of their prior experience or special skills.

• 2.10. The Contractor guarantees that the conditions of service and the quality of the provided services comply with the relevant industry standards applicable in Dubai, UAE.

• 2.11. By accepting this Agreement, the Customer (and/or the Consumer) also consents to receiving marketing and informational communications from the Contractor. This consent may be withdrawn by the Customer (and/or the Consumer) at any time by providing written notification to the Contractor.

• 2.12. All informational materials provided by the Contractor to the Consumer (and/or Customer) during the provision of Services, including any photos or videos taken by the Contractor during the training sessions or events, are considered intellectual property of the Contractor. The exclusive copyright and related intellectual property rights remain fully and solely with the Contractor. By accepting this Agreement, the Consumer grants the Contractor the right to use their image in any form for business or promotional purposes.

• 2.12.1. The Customer and the Consumer do not acquire any intellectual property rights from the Contractor under this Agreement.

• 2.13. The Consumer’s safety guidelines and behavioral rules at the physical fitness and sports facilities during service provision are detailed in Appendix No. 1 to this Agreement, which forms an integral part of this Agreement.

• 2.14. By agreeing to the terms of this Agreement, the Customer confirms their legal capacity, financial ability, and full awareness of the obligations undertaken by entering into this Agreement.

• 3. SERVICE REGISTRATION, PRICING, AND PAYMENT TERMS

• 3.1. The pricing of the Tariff-Subscription is determined unilaterally by the Contractor and is displayed on the Website and/or in the relevant appendices to this Agreement. The Contractor reserves the right to adjust the pricing as necessary. The payment currency is AED (United Arab Emirates Dirham) or another currency as specified on the Website or Mobile Application

• 3.2. The final cost of the Tariff-Subscription may be adjusted by the Contractor based on the location of service provision and any Promotional Discounts (if applicable). The conditions and duration of promotional campaigns and other marketing activities are determined by the Contractor and made available to the public by posting an Announcement on the official website and mobile application.

• 3.3. To access the Services, the Consumer (and/or Customer) must submit a Service Request through the form available on the official website or mobile application of the Contractor.

• For Service Request processing, the Consumer (and/or Customer) is required to provide the following details:

• Full name

• Date of birth

• Contact email address

• Contact phone number

• If the Customer and the Consumer are not the same person, the Customer must also provide the above-mentioned details for the Consumer.

• The Contractor confirms receipt of the Service Request, assigns a unique request number, and issues an invoice for payment if the payment has not already been made via the official website or mobile application.

• 3.4. Payment for Services under this Agreement must be made in full (100% prepayment) by transferring the funds to the Contractor’s account.

• 3.5. Payments for the Contractor’s services can be made using the following methods:

• 3.5.1. Electronic payments via integrated payment services on the website and mobile application

• 3.5.2. Online banking transactions

• 3.5.3. Direct bank transfer to the Contractor’s account

• 3.5.4. Payments through payment aggregators and payment systems integrated with the Contractor’s website

• 3.5.5. Other payment methods upon prior agreement with the Contractor

• 3.6. If the Customer makes a payment using a bank card, it is recommended that they use a card issued in their name.

• 3.7. In case a refund is required, the refund will only be processed to the same payment details used for the initial transaction and only upon a written request from the individual whose name is on the bank card used for payment.

• 3.8. The payment date is considered the date when funds are credited to the Contractor’s account.

• 3.9. The Customer and the Consumer unconditionally agree that information regarding financial transactions between the Contractor and the Customer is confidential and may not be disclosed to third parties except with the Contractor’s written consent.

• 3.10. The pricing of Additional Services is listed in the Price List effective at the time of payment. Additional Services must be paid for in full (100% prepayment) by the Customer or Consumer.

• 4. ACCEPTANCE OF THE OFFER

• 4.1. The text of this Agreement constitutes a public offer.
  4.2. The acceptance of this public offer is completed when the Customer makes a payment for the Services in accordance with the terms of this Agreement. By clicking the "Pay" button (on the website, mobile application, or via a special payment link received from the Contractor) and successfully completing the payment, the Customer fully and unconditionally agrees to all terms of this Agreement.

• 4.3. By accepting this Agreement, the Consumer (and/or Customer) acknowledges and agrees that:

• 4.3.1. As part of the execution of this Agreement, the Contractor is entitled to process the Consumer's (and/or Customer's) personal data. By accepting this public offer, the Consumer and Customer grant the Contractor consent to collect, store, and use their personal data for the purposes of executing this Agreement, internal business operations, and service improvements. Personal data processing may be conducted using both paper and electronic formats, with or without specialized databases.

• 4.3.2. All registration data (including personal data) will be processed in accordance with the Contractor’s Privacy Policy, available on the official website: [Insert ProFit Swimming Privacy Policy URL].

• 4.3.3. The Consumer and Customer voluntarily provide their registration data (including personal data).

• 4.3.4. Registration data (including personal data) is transmitted via open communication channels on the Internet.

• 4.3.5. Registration data (including personal data) may be used by the Contractor for the promotion of its products and services through direct communication with the Consumer and Customer via various communication channels.

• 4.3.6. The phone number and email address provided during registration may be used for informational and promotional communications from the Contractor. The Consumer and Customer may opt out of receiving such communications at any time by submitting a written request.

• 4.3.7. To enhance security and prevent fraudulent activities, the Contractor may share registration data (including personal data) with financial institutions involved in processing payments for the Services purchased through the Contractor’s website and mobile application.

• 4.4. This Agreement, concluded based on the Customer’s acceptance of the public offer, is considered a contract of adhesion. The Consumer joins this Agreement without any modifications or reservations.

• 4.5. The fact of payment for the Services by the Customer constitutes unconditional acceptance of the terms of this Agreement by the Consumer and Customer. This includes consent to receive messages from the Contractor via:

• Social media

• SMS and messaging apps (including but not limited to WhatsApp, Telegram, and other platforms at the Contractor's discretion)

• Email notifications regarding service status, surveys for service improvement, and other related communications.

• 5. RIGHTS AND OBLIGATIONS OF THE PARTIES

• 5.1. OBLIGATIONS OF THE CONTRACTOR

• 5.1.1. Throughout the validity period of this Agreement, the Contractor shall provide the Consumer with Services in accordance with the selected Tariff-Subscription, applicable laws of the UAE, and the terms agreed upon by the Customer.

• 5.1.2. The Contractor shall provide the Services in full and at the required quality standards.

• 5.1.3. The Contractor shall process the Customer's and Consumer's personal data in compliance with UAE data protection regulations and ensure the security of such data in accordance with the applicable legislation.

• 5.1.4. The Contractor shall provide consultation support to the Consumer and Customer regarding service details, rules, and procedures via phone and email communication between 09:00 and 21:00 (UAE time) daily.

• 5.1.5. The Contractor shall provide access to the Subscription Services within the agreed-upon timeframe.

• 5.1.6. The Contractor shall grant access to the Services and events on the specified dates and times listed on the website, provided that the Customer has completed the payment for participation in advance.
  5.1.7. In case of changes to an online event (date, time, or other adjustments), the Contractor must notify the Consumer who has paid for participation no later than 23:59 UAE time on the day before the event. Notification may be sent via any available communication channel or through an Announcement posted on the website and/or mobile application.

• 5.1.8. No later than the day before a scheduled training session or event, the Contractor shall notify the Consumer via available communication channels (phone call, SMS, announcement in a shared messaging group, email notification, or an Announcement posted on the website) regarding any schedule changes, trainer replacements, or other relevant updates.

• 5.2. OBLIGATIONS OF THE CUSTOMER

• 5.2.1. Before accepting this Agreement (prior to making payment), the Customer must carefully review its terms and conditions, including the pricing of Tariff-Subscriptions, as listed on the Contractor’s website and in the relevant appendices. If necessary, the Customer may verify the price with the Contractor.

• 5.2.2. The Customer agrees to pay the full amount for the Services in a timely manner, based on the current pricing at the time of payment. The latest pricing, terms, and promotional offers are published on the Contractor’s website and can also be confirmed by contacting the Contractor via the official phone number listed on the website.

• 5.2.3. At the time of payment, the Customer must provide the Contractor with accurate personal information as requested.

• 5.2.4. If a third party (the Customer) makes the payment on behalf of the Consumer, the Customer guarantees that they have fully informed the Consumer about this Agreement, and the Consumer has accepted its terms. The responsibility for ensuring that the Consumer is aware of their rights, obligations, and the terms of the Agreement rests entirely with the Customer.

• 5.2.5. The Customer is responsible for independently and regularly reviewing the service terms, pricing, and Agreement updates before making any payment or submitting a Service Request. The Customer agrees to check the latest version of this Agreement upon each visit to the website, including after accepting the Offer.

• 5.2.6. When submitting a Service Request, the Customer must provide accurate and up-to-date information about themselves and the Consumer, including valid contact details and any other information requested by the Contractor. The Customer must also inform the Contractor of any changes to this information.

• 5.2.7. The Customer must respect and uphold the intellectual property rights of the Contractor and third parties.

• 5.2.8. The Customer must maintain the confidentiality of any information classified as confidential under this Agreement.

• 5.2.9. The Customer must independently track changes to the Offer terms, Rules, and Price List on the website or at the designated public location at the service venue. The Customer’s payment for the next billing cycle signifies their acceptance of any changes made.

• 5.2.10. The Customer is prohibited from conducting any business activities or providing free consultancy services related to physical fitness, health, or sports to third parties within the Contractor’s service venues.

• 5.2.11. The Customer may not assign their rights or obligations under this Agreement to third parties.

• 5.3. OBLIGATIONS OF THE CONSUMER (IF THE CUSTOMER AND CONSUMER ARE THE SAME PERSON)

• 5.3.1. The Consumer must independently and promptly review the terms of this Agreement and accept them in full. The latest pricing, terms, and promotional offers are published on the Contractor’s website and can be confirmed via the official phone number listed on the website.

• 5.3.2. The Consumer must promptly provide the Contractor with accurate personal information, contact details, and any other required data, and must inform the Contractor of any changes to this information.

• 5.3.3. The Consumer must respect and uphold the intellectual property rights of the Contractor and third parties.

• 5.3.4. The Consumer must maintain the confidentiality of any information classified as confidential under this Agreement.

• 5.3.5. The Consumer is responsible for independently tracking any changes to the Offer terms, Rules, and Price List on the website (www.swimmingdxb.com) or in publicly accessible areas at the Contractor’s service locations.

• 5.3.6. The Consumer is prohibited from conducting any business activities or providing free consulting services related to physical fitness and sports to third parties at the Contractor’s service locations.

• 5.3.7. The Consumer may not assign or transfer their rights and obligations under this Agreement to third parties.

• 5.3.8. The Consumer must attend training sessions and events under the conditions set by the Contractor.

• During service provision, the Consumer must maintain order and adhere to generally accepted behavioral norms, treating other Consumers, third parties, the Contractor, its representatives, and staff with respect.

• The Consumer must not engage in actions that may pose a danger to others.

• The Consumer must familiarize themselves with and adhere to the safety rules and facility regulations applicable to the Contractor's physical fitness and sports facilities. These rules are available on the facility websites and displayed on-site.

• 5.3.9. For online services, the Consumer is solely responsible for ensuring they have the necessary technical capabilities, including:

• A device suitable for online communication (computer, laptop, tablet, smartphone, or other Internet-enabled device).

• A stable Internet connection.

• Required software (e.g., Zoom, GetCourse, JustClick, or other platforms used by the Contractor).

• Registration on the necessary platforms and acceptance of messages from the Contractor’s chatbots and communication channels.

• 5.3.10. The Consumer must review the text of this Agreement on the Contractor’s website (www.swimmingdxb.com) before accessing any services or events.

• 5.3.11. If a service requires specialized knowledge or qualifications, the Consumer must provide proof of their expertise upon the Contractor's request. The Consumer is fully responsible for the accuracy of this information.

• 5.3.12. The Consumer must maintain discipline, comply with safety regulations, and adhere to facility rules during registration and participation in services. The Consumer must not:

• Cause inconvenience to other Consumers, trainers, or third parties.

• Disrupt or interfere with the delivery of services and events.

• If the Consumer violates these terms, the Contractor reserves the right to:

• Deny the Consumer access to services or events.

• Remove the Consumer from the service location (physical or online).

• Retain any payments made by the Consumer (or on their behalf) as non-refundable penalties.

• Additionally, the Consumer is prohibited from:

• Providing instructions or recommendations to other visitors at the facility.

• Entering staff-only or technical areas.

• Tampering with engineering or technical equipment without explicit permission from the Contractor’s staff.

• 5.3.13. For minor Consumers, a written consent form from a parent, legal guardian, or authorized representative is required before services can be paid for and training sessions attended.

• 5.3.14. Before starting any training sessions, the Consumer must:
  5.3.14.1. Provide the Contractor with full and accurate information about their health condition, including any medical contraindications, doctor’s recommendations regarding physical activity intensity, and any relevant medical history.
  5.3.14.2. Immediately inform the Contractor if they feel unwell before or during a session.
  5.3.14.3. Notify the Contractor if they have experienced a fever within the past 20 days.
  5.3.14.4. Notify the Contractor if they have been in contact with individuals diagnosed with infectious or viral diseases within the past 20 days.
  5.3.15. The Consumer must attend all scheduled sessions for which the Customer (Consumer) has paid.

• If the Consumer fails to attend a session or event without prior rescheduling agreed with the Contractor, the absence will be considered a voluntary refusal of the service.

• For single-session services: The entire service is considered forfeited.

• For subscription-based services: The missed session is forfeited, but the remaining sessions in the package remain valid.

• No refunds are provided for missed sessions or services under this Agreement.

• 5.3.16. The Consumer is responsible for purchasing and bringing appropriate equipment to each session:

• For swimming sessions: A suitable swimsuit (appropriate for the service type), rubber slippers, swimming goggles, and a swim cap.

• For general and specialized physical training (GPT): Comfortable sportswear and athletic shoes suitable for training and minimizing injury risks.

• 5.3.17. If the Consumer misses a session for a valid reason (e.g., illness, injury), they must provide supporting documentation (e.g., a doctor's note or an approved document agreed upon with the Contractor).

• If the Contractor agrees, the Consumer may reschedule the missed session for another time within the existing schedule.

• The rescheduling request must be submitted at least 24 hours before the missed session.

• The Consumer acknowledges that rescheduling is at the Contractor's discretion and is not guaranteed.

• 5.3.18. The Consumer is responsible for monitoring their own physical and mental health and must notify the Contractor if they have any medical conditions.

• If the Consumer has contraindications, illnesses, chronic conditions, skin diseases, internal organ disorders, mental disorders, epilepsy, or infectious diseases, they must inform the Contractor and refrain from participating in training sessions.

• The Consumer acknowledges that the services provided under this Agreement involve physical activity, which carries a risk of injury if safety rules are not followed.

• The Consumer confirms that they have received full information regarding the provided services and safety obligations.

• 5.3.18.1. Before participating in training sessions, the Contractor recommends that the Consumer undergo a medical examination to confirm fitness for participation.

• Periodic medical check-ups are also recommended.

• 5.3.19. The Consumer must arrive at the training location at least 20 minutes before the scheduled session.

• 5.3.20. The Consumer is responsible for safeguarding their personal belongings while using the Contractor’s services.

• If lockers are provided, the Consumer must lock them securely.

• The Contractor is not responsible for lost, stolen, or unattended belongings.

• 5.4. RIGHTS OF THE CONTRACTOR

• 5.4.1. The Contractor may transfer its rights and obligations under this Agreement to third parties without prior approval from the Customer or Consumer, provided that all terms remain unchanged. By accepting this Agreement, the Customer (Consumer) gives advance consent to such a transfer.

• 5.4.2. The Contractor may amend this Agreement, service rules, or pricing at any time without prior approval from the Customer or Consumer.

• Changes take effect immediately upon publication on the website (www.swimmingdxb.com).

• 5.4.3. For service improvement and dispute resolution, the Contractor may record phone calls, audio, photos, and videos during training sessions and events.

• 5.4.4. The Contractor may use cookies and other tracking technologies in accordance with its Privacy Policy.

• 5.4.5. The Contractor may suspend or terminate services to the Consumer at any time if the Consumer violates the terms of this Agreement.

• The Contractor will notify the Consumer using any available communication method.

• 5.4.6. The Contractor may modify promotional offers and discounts without prior approval from the Customer or Consumer.

• Updates will be published on the Contractor’s website.

• 5.4.7. If a service requires specific qualifications, the Contractor may request proof of expertise from the Consumer.

• 5.4.8. For online services, the Contractor reserves the right to choose any platform for service delivery, including but not limited to Zoom, GetCourse, JustClick, or any social media platforms (e.g., Instagram, Facebook, WhatsApp, Telegram, etc.). The Contractor may change the platform at any time.

• 5.4.9. If the Consumer misses a session (except for single-session services and events) due to a valid reason and provides supporting documentation (e.g., medical certificate or another pre-approved document), the Contractor may offer a rescheduled session.

• Rescheduling is at the Contractor’s discretion and is not guaranteed.

• The alternative session must fit within the Contractor’s existing schedule and training structure.

• 5.4.10. The Contractor may deny services to a Consumer if full payment has not been received or if the Consumer:

• Violates safety regulations and behavioral rules outlined in Appendix No.1 to this Agreement.

• Fails to follow the safety rules and policies established by the sports facility where services are provided.

• 5.4.11. The Contractor has the right to record photos and videos during service provision and events and use these materials at its discretion.

• The Contractor retains exclusive copyright and related intellectual property rights to all recorded materials.

• The use of these materials by third parties requires written permission from the Contractor.

• By accepting this Agreement, the Consumer (and/or Customer) grants consent to the use of their image in any recorded materials.

• 5.4.12. The Contractor independently determines the structure and content of services, the location of service provision, and the number and composition of participants in group sessions.

• 5.5. RIGHTS OF THE CONSUMER

• 5.5.1. The Consumer has the right to receive services in accordance with this Agreement.

• The Consumer has the right to obtain accurate and necessary information about the Contractor’s services and business operations.

• 5.5.2. The Consumer has the right to receive full details about the content and delivery of services.

• 5.5.3. The Consumer may withdraw their consent to receive informational (marketing) messages or revoke their consent for personal data processing at any time.

• The Consumer acknowledges that withdrawing consent may result in the termination of services under this Agreement.

• 6. SERVICE DELIVERY PROCEDURE

• 6.1. The Contractor will confirm receipt of payment within 2 business days after funds are credited to its account.

• 6.2. If a Customer submits a Service Request but payment has not been received, the Contractor may notify the Customer and request payment completion.

• 6.3. A service is considered properly delivered if:

• 6.3.1. For subscription-based services (multiple sessions), each session is considered properly delivered unless the Consumer submits a justified complaint about service quality within 3 hours after the session ends.

• Complaints must be sent via email to [Insert updated email] or via SMS/messenger to the designated contact person.

• 6.3.2. For one-time events or services, the service is considered properly delivered unless the Consumer submits a justified complaint about service quality within 3 hours after the service is provided.

• If the Consumer fails to attend a one-time event or session, they are not entitled to submit complaints regarding service quality or request a refund.

  6.4. A service is considered fully provided by the Contractor when:

• 6.4.1. For subscription-based services (multiple sessions):

• The service is considered delivered once the Consumer has been granted access to the first session according to the agreed schedule.

• The service is provided on a subscription basis, meaning it is considered delivered regardless of whether the Consumer actually attends the sessions.

• The purchased subscription remains valid only for the specified period.

• The Consumer assumes full responsibility for missed sessions within the agreed schedule.

• 6.4.2. For one-time events or services:

• The service is considered delivered once the Consumer has been granted access to the event, regardless of whether they actually attended.

• 6.5. For live-streamed (online) events and services:

• If the Consumer is unable to attend an online session for any reason, the Contractor may, at its discretion, provide a recording of the session.

• Providing a recording is optional and not an obligation of the Contractor.

• 6.6. If the Consumer does not submit a justified complaint within the timeframe stated in Clause 6.3, the service is automatically considered fully provided, of satisfactory quality, and accepted without any objections.

• 7. OFFER REVOCATION

• 7.1. The adoption of a new version of this Agreement constitutes the revocation of the previous offer.

• 7.2. The Contractor may revoke this Agreement at any time; however, such revocation does not affect obligations under Agreements that were accepted before the revocation date.

• 8. LIABILITY OF THE PARTIES

• 8.1. The Parties are liable for breaching their obligations under this Agreement in accordance with the applicable laws of Dubai, UAE.

• 8.2. The Contractor is not liable for:

• 8.2.1. Service deficiencies resulting from inaccurate, incomplete, or delayed information provided by the Consumer (or Customer), or from any other breach of the Agreement by the Consumer.

• 8.2.2. The Consumer’s subjective dissatisfaction with the service.

• A mismatch between the Consumer’s expectations and the actual service does not constitute poor service quality.

• 8.2.3. False health declarations or failure to follow instructor/trainer guidelines.

• The Contractor is not responsible if the Consumer provides false health information, does not disclose medical conditions, or fails to follow safety regulations during training sessions or events.

• 8.2.4. Health-related consequences caused by the Consumer’s own actions.

• The Contractor is not responsible for any injuries, illnesses, or health issues suffered by the Consumer due to self-inflicted actions, ignoring instructor guidance, or violating safety regulations (see Appendix No.1).

• The Contractor is also not responsible if the Consumer fails to disclose pre-existing medical conditions that could impact their participation.

• 8.2.5. Potential injuries sustained during training or activities (including swimming, general physical training, or any other service).

• The Consumer assumes full responsibility for any injuries sustained due to non-compliance with safety rules.

• 8.2.6. Loss or damage to the Consumer’s personal belongings due to their own negligence.

• 8.2.7. Providing false or misleading information.

• The Contractor is not responsible for any issues resulting from incorrect or fraudulent information supplied by the Consumer or Customer.
   

• 8.3. The Contractor is not liable for full or partial non-performance of its obligations under this Agreement if such non-performance is due to force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the Parties could not have foreseen or prevented by reasonable measures.

• 8.4. The Consumer is fully responsible for any damage, loss, or destruction of equipment or property at the service location (including property owned by the Contractor, the sports facility, or third parties).

• In case of damage, an official Damage Report will be prepared.

• If the Consumer refuses to sign the report, the Contractor may sign it unilaterally.

• The Consumer must compensate the full amount of the damage within 5 (five) calendar days based on this report.

• Compensation is equal to the actual financial loss incurred.

• 8.5. If the Consumer does not use the subscription-based services within the designated period and fails to notify the Contractor before the subscription expires, the service is considered fully provided and non-refundable.

• 8.6. The Consumer is solely responsible for any negative consequences resulting from sharing service-related information with third parties.

• 8.7. All text and graphic content published on the website (www.swimmingdxb.com) is protected intellectual property.

• Unauthorized use of this content is legally prohibited.

• 8.8. Neither Party shall be liable for full or partial non-performance of their obligations under this Agreement if such non-performance is caused by force majeure events, including (but not limited to):

• Strikes, floods, fires, earthquakes, and other natural disasters

• Wars, military operations, government-imposed restrictions

• Epidemics, pandemics, quarantine measures

• Transportation disruptions (aviation, railway, or other forms of transport)

• Border restrictions, state-imposed closures of sports facilities, or any other circumstances beyond the reasonable control of either Party

• In case of a force majeure event, the Contractor has the right to suspend all refund requests and financial transactions until the situation is resolved.

• Any refund request submitted on the day of or after an officially declared force majeure event shall be considered as related to such an event, regardless of the stated reason in the request.

• 9. DISPUTE RESOLUTION

• 9.1. All disputes and disagreements between the Parties shall be resolved through negotiations.

• 9.2. If a dispute is not resolved through negotiations, it shall be settled in the competent courts of Dubai, UAE, where the Contractor is registered.

• 9.3. Any dispute arising from this Agreement shall be governed by the applicable laws of Dubai, UAE.

• 9.4. Before filing a legal claim, the Parties must follow a mandatory pre-trial dispute resolution process.

• The Customer must send a written complaint to the Contractor via registered mail.

• The Contractor must respond within 10 (ten) calendar days of receiving the complaint.

• 10. MISCELLANEOUS TERMS

• 10.1. This Agreement becomes effective upon acceptance and remains valid until all obligations of the Parties are fulfilled.
   

• 10.2. The Customer may terminate the Agreement unilaterally by submitting a written request.

• The Contractor will process the request within 10 (ten) calendar days from the date of receipt.

• 10.3. Termination by the Contractor

• 10.3. The Contractor may unilaterally terminate the Agreement by notifying the Customer and Consumer in any available way if:

• 10.3.1. The Customer or Consumer violates any provisions of the Agreement or the established Rules.

• 10.3.2. The Customer or Consumer causes damage to the Contractor’s property or intentionally harms third parties at the service location.

• 10.3.3. The Consumer misuses the services, including but not limited to:

• Providing unauthorized personal training or coaching at the service location.

• Using the service location for personal financial gain.

• Conducting unauthorized promotional activities, fundraising, or gatherings.

• 10.4. Refund Policy

• 10.4. The Customer may withdraw from the Agreement at any time. Refunds will be processed within the legally established timeframe, minus actual costs incurred by the Contractor.

• 10.5. If the Customer cancels a subscription-based service more than 14 (fourteen) calendar days before the service starts or before the subscription period expires, the Contractor may withhold 10% of the paid amount as a non-refundable processing fee.

• 10.6. If the Customer cancels a subscription-based service less than 14 (fourteen) calendar days before the service starts or before the subscription expires, the Contractor may withhold 40% of the paid amount as compensation for actual costs incurred.

• 10.7. In case of illness, the Customer/Consumer may reschedule a session by notifying the Contractor at least 24 hours in advance.

• If notice is provided later than 24 hours before the session, the service is considered delivered and is non-refundable.

• 10.8. If the Customer has fully paid for the services (including subscriptions), has been granted access, and has been assigned a schedule, but fails to attend the sessions without prior cancellation, the services are considered delivered, and no refunds will be issued.

• 10.9. If the Customer has fully paid for the services (including subscriptions), has been granted access, but cancels participation before the first session starts, a refund will be processed according to Sections 10.4 – 10.6 of this Agreement.

• 10.10. If the Customer/Consumer has attended at least one session and then decides to cancel further participation, no refund will be issued for attended sessions.

• For remaining unused sessions, a refund will be processed according to Sections 10.4 – 10.6 of this Agreement.

• 10.11. Unless otherwise stated in the Appendices, refunds for one-time services and events will be processed in accordance with Sections 10.4 – 10.6 of this Agreement.

• 10.12. Refund Processing

• 10.12. Refunds will be issued to the original payment method within 10 (ten) business days from the date of receiving a written request from the Customer.

• If payment was made by a third party on behalf of the Consumer, the refund request must be signed by both the Consumer and the payer.

• 10.13. Rescheduling Personal Training Sessions

• 10.13.1 If the Customer cancels or reschedules a personal training session less than 24 hours before the scheduled start, the session is considered delivered, non-refundable, and cannot be rescheduled.
   

• 10.13.2. If the Customer reschedules or cancels a personal training session more than 24 hours before the scheduled start, the session may be rescheduled to another date by mutual agreement.

• 10.14. Rescheduling Group Training Sessions

• 10.14.1. If the Customer notifies the Contractor less than 24 hours before the start of a group session that they cannot attend, the session is considered delivered and cannot be rescheduled or refunded.

• 10.14.2. If the Customer notifies the Contractor more than 24 hours before the start of a group session, they may attend a session with another group within the same calendar month.

• If the Customer does not attend an alternative session within one calendar month from the date of the missed session, the missed session is considered delivered and is non-refundable.

• 10.15. Acceptance of the Offer

• 10.15. By accepting this Offer, the Consumer (and/or Customer) expresses their intention to enter into a contractual relationship with the Contractor and receive the services provided.

• Acceptance is confirmed by any of the following:

• Making a payment for the Contractor’s services.

• Registering for a service via the Contractor’s website.

• Attending a training session.

• 10.16. Governing Law

• 10.16. For any matters not covered by this Agreement, the Parties shall follow the applicable laws of Dubai, UAE.

• 10.17. Full Acceptance of the Agreement

• 10.17. The Customer and Consumer confirm that they fully understand the terms of this Agreement and accept them unconditionally.

• 10.18. Force Majeure Events & Refund Policy

• 10.18. If services cannot be provided due to force majeure circumstances, no refunds shall be issued, as such events are beyond the Contractor’s control.

• 11. APPENDICES

• 11.1. Appendix No. 1: Safety Rules & Consumer Behavior Guidelines for Service Use.

• 12. CONTRACTOR DETAILS

          ProFit Swimming FZE
          Trade License No: 3396
           Legal Address:     Flexi Desk, DUQE SQUARE BUSINESS

                               CENTER, QUARTER DECK, MINA RASHID,

                                Queen Elizabeth 2

         Correspondence Address: Dubai, UAE
         Website: www.swimmingdxb.com
         Email: info@swimmingdxb.com
         Phone: +971 50 108 93 52

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Appendix No. 1 to the Offer

POOL VISITATION RULES AND SAFETY REGULATIONS FOR SWIMMING TRAINING

 

1. GENERAL SAFETY RULES

1.1. All Consumers must follow the instructions of the coach, instructor, and pool management regarding safety and adherence to pool rules.

1.2. Compliance with the training schedule and total time spent in the pool area is mandatory:

• Entry to the facility, locker room, and pre-training shower must be completed at least 15 minutes before the start of the session.

• Swimming session duration must follow the agreed schedule.

• Post-training shower and time spent in the locker room should not exceed 20 minutes.

 

2. HYGIENE AND SANITATION REQUIREMENTS

2.1. Upon entering the pool facility, Consumers must store outer clothing (including outdoor shoes in a sealed bag) in the designated area and enter the pool zone only in clean indoor footwear suitable for swimming facilities.

2.2. Each Consumer must have the following personal hygiene and swimming items:

• Swimwear (appropriate for the training session)

• Swim cap

• Towel

• Personal hygiene items: soap and a washcloth

2.3. To optimize locker capacity, personal hygiene items and swimming gear must be carried in compact bags.

2.4. Hygiene products must be stored in non-breakable containers (plastic, polyethylene, etc.).

2.5. Before entering the pool, Consumers must take a thorough shower for at least 5–7 minutes.

2.6. After showering, all Consumers must ensure that hot and cold water taps are fully turned off.

2.7. After completing a swimming session, Consumers must rinse off under the shower, dry off, and wring out swimwear before proceeding to the locker room.

 

3. ENTRY AND EXIT PROCEDURES

3.1. Entry into the water and exit after training is only permitted upon the coach’s or instructor’s command.

3.2. Once the session is complete, Consumers must promptly proceed to the nearest exit ladder.

3.3. If a Consumer needs to leave the session early, they must notify the coach or instructor in advance.
 

4. TRAINING AREA USAGE RULES

4.1. Consumers must swim only in lanes designated by the instructor.

4.2. After training, Consumers must leave the pool, shower area, and locker room within 20 minutes.

4.3. Consumers must adhere to the following rules for lane usage and in-pool behavior:

• When multiple swimmers are in the same lane, they must stay on the right side, overtake on the left, and rest at the lane corners.

• To clear water from the mouth and nose, use the drainage gutter.

• All movements inside the pool must be made by walking; running is prohibited.

 

5. SAFETY ORIENTATION AND MEDICAL REQUIREMENTS

5.1. First-time visitors must undergo a safety orientation on water safety rules and sign the attendance log confirming participation.

5.2. Before attending the first session, the Consumer must provide:

• A medical certificate confirming good health and no contraindications for swimming training.

 

6. BEHAVIOR RULES DURING SWIMMING TRAINING

6.1. Jumping off pool ledges or starting blocks is prohibited unless authorized by the instructor.

6.2. Pushing, shoving, or engaging in disruptive behavior while swimming is strictly prohibited.

6.3. Hanging onto lane dividers is not allowed.

6.4. Creating excessive noise, yelling, or giving false distress signals is forbidden.

6.5. Swimming with chewing gum is strictly prohibited.

6.6. Wearing a swim cap is mandatory, as loose hair can clog pool filtration systems.

6.7. Entering the water is only allowed with the instructor’s permission.
 

7. ADDITIONAL POOL SAFETY RULES

7.1. Running and playing noisy games on the pool deck are strictly prohibited.

7.2. When using the pool ladder, descent into the water must be done facing backward for safety.

7.3. Consumers must not damage or misuse sports equipment or pool facilities.

7.4. Entering or exiting the water is only permitted upon the instructor’s command.

7.5. For personal safety, Consumers must not wear any eyewear other than swimming goggles or any jewelry while in the pool.

7.6. All instructions given by the coach or instructor must be followed without exception.

7.7. Consumers must not obstruct other swimmers in the pool.

 

8. PROHIBITED ACTIVITIES IN THE POOL

The following actions are strictly forbidden:

8.1. Entering the pool if experiencing any medical contraindications, skin diseases, infections, bleeding, or feeling unwell.

8.2. Throwing foreign objects into the pool.

8.3. Walking barefoot in non-pool areas.

8.4. Entering the pool area in outdoor shoes or disposable shoe covers.

8.5. Accessing staff-only or technical areas.

8.6. Touching, turning on, turning off, or adjusting any engineering or technical equipment.

8.7. Littering or contaminating the pool premises and facilities.
 

PARENTAL RESPONSIBILITY NOTIFICATION

(For Parents, Guardians, or Legal Representatives of Minors)

1. Parents (or legal representatives) are responsible for the safety and well-being of their children outside the swimming pool.

2. Parents (or legal representatives) must not leave children unattended in any areas that pose a risk of injury or danger to their health and safety.

3. Parents (or legal representatives) must ensure that children do not enter hazardous areas that could harm their physical, intellectual, psychological, spiritual, or moral development.

 

 

SAFETY RULES FOR USING THE GYM (DRY SWIMMING TRAINING)

 

1. GENERAL SAFETY REQUIREMENTS

1.1. All individuals must read and acknowledge these safety rules and undergo an introductory safety briefing before beginning gym training.

1.2. Only individuals without medical contraindications are allowed to participate in gym activities.

• Minors aged 14 to 18 are only permitted to enter the gym if accompanied by a parent or an authorized guardian (aged 18+) or if they provide written permission from a parent or legal representative.

1.3. Before their first training session, gym users must inform the instructor of any chronic or acute medical conditions.

1.4. Regular weight training may exacerbate underlying medical conditions. Consumers must exercise responsibly and seek medical advice if necessary.

1.5. All exercises in the gym must be performed under the direct supervision of an instructor.

• Minors under the age of 18 are strictly prohibited from using the gym without an instructor present.

1.6. Proper sports attire is mandatory in the gym:

• Only clean sports shoes are allowed; shoes must have rubber and non-slip soles.

• High heels, leather soles, cleats, open-toe shoes, or barefoot training are strictly prohibited.

• Outdoor shoes are not permitted inside the gym.
  1.7. Participants are advised to remove any items that may pose a risk during training, such as watches, dangling earrings, and any sharp or bulky objects from their pockets.

• 1.8. Chewing gum is strictly prohibited in the gym to prevent choking hazards.

• 1.9. Participants must ensure that loose clothing, long shoelaces, or towels do not get caught in moving gym equipment.

• 1.10. Personal belongings must be stored in designated lockers or storage areas. The gym is not responsible for lost or stolen items.

 

• 2. SAFETY REQUIREMENTS

 

• BEFORE TRAINING

 

• 2.1. Before starting any exercise, participants must familiarize themselves with the gym safety rules and proper equipment usage.

• If unsure about how to use a machine or perform an exercise, participants must seek guidance from the instructor before proceeding.

 

3. SAFETY REQUIREMENTS DURING TRAINING

• 3.1. Participants must begin and end exercises only upon the instructor's signal or approval.

• 3.2. Discipline must be strictly maintained, and gym rules must be followed at all times.

• 3.3. Participants must pay close attention to and follow all instructions given by the instructor. No independent actions are allowed without prior consultation.

• 3.4. Proper rest and exercise cycles must be followed to avoid injury or overexertion.

• 3.5. Hygiene and cleanliness must be maintained in all gym areas.

• 3.6. Participants must keep the gym clean and organized by returning equipment to its designated places after use.

• 3.7. Distractions during exercise should be avoided to maintain focus and prevent accidents.
   

• 3.8. Participants must move around the gym carefully and avoid entering the workout zones of other users.

• Running, jumping, or engaging in distracting behavior is strictly prohibited.

• 3.9. After completing an exercise, participants must return all used equipment to its designated storage area.

• 3.10. If feeling unwell during training, participants must stop exercising immediately and inform the instructor.

• The instructor or administration is not responsible for any health issues that arise if the participant fails to report their discomfort.

• 3.11. All instructions given by the instructor must be followed without exception.

 

• 4. PROHIBITED ACTIVITIES

• 4.1. Participants must not use any equipment without the instructor’s permission.

• Starting a workout independently, without an instructor’s approval, is strictly prohibited.

• Moving or relocating gym machines or equipment is not allowed.

• If a participant damages any gym equipment or property, they will be held financially responsible for repair or replacement costs.

• 4.2. Training while experiencing an injury or illness is prohibited.

• If a participant feels unwell, they must stop training and notify the instructor or gym staff immediately.

• 4.3. Eating and storing food in workout areas is not allowed.

• 4.4. Smoking is strictly prohibited inside the gym, in any facility premises, and in adjacent outdoor areas.

• 4.5. Being in the gym or on facility grounds while under the influence of alcohol or any intoxicating substances is strictly forbidden.

• The consumption of alcoholic beverages or drugs within the gym premises is prohibited.

• 4.6. Entering staff-only areas or restricted service zones is not permitted.
  
   

• Appendix No. 2 – General Liability & Code of Conduct

• 1. GENERAL LIABILITY AGREEMENT

• 1.1. Assumption of Risk & Acknowledgment of Responsibility

• By accepting this contract, the Customer (or their legal guardian) acknowledges that engaging in swimming, fitness, or related activities involves inherent risks, including but not limited to, drowning, physical injury, or equipment-related accidents.

• The Customer agrees to participate at their own risk and assumes full responsibility for any injuries, damages, or losses incurred during training.

• 1.2. Waiver of Liability

• ProFit Swimming FZE, its trainers, staff, and partners shall not be liable for any injuries, accidents, or damages resulting from:

• Improper use of training equipment.

• Failure to follow safety instructions.

• Medical conditions pre-existing or arising during training.

• Misconduct, reckless behavior, or third-party actions.

• 1.3. Indemnification Clause

• The Customer agrees to indemnify and hold harmless ProFit Swimming FZE against any claims, legal proceedings, or liabilities arising from their participation in activities.

• 2. CODE OF CONDUCT & MEMBERSHIP REGULATIONS

• 2.1. Behavioral Expectations

• Customers, spectators, and parents must adhere to a high standard of conduct while using facilities or engaging in ProFit Swimming programs.

• Harassment, bullying, verbal abuse, discrimination, or disruptive behavior will not be tolerated.

• 2.2. Membership & Expulsion Policy

• ProFit Swimming reserves the right to revoke access to services without refund if a Customer:

• Engages in misconduct, violent behavior, or threats toward trainers, staff, or other customers.

• Fails to comply with safety policies or disrupts the training environment.

• Violates facility rules, including unauthorized entry or damage to property.

• 2.3. Parental Responsibility for Minors

• Parents/guardians assume full liability for the actions of minors under 18.

• Minors must be supervised in non-training areas (locker rooms, waiting areas, common spaces).

• 3. FACILITY & EQUIPMENT USAGE RULES

• 3.1. Proper Use of Equipment

• Customers must use training equipment only as instructed and report any damages immediately.

• Intentional damage, misuse, or theft of gym/pool equipment will result in financial liability and potential legal action.

• 3.2. Medical & Health Compliance

• All customers must disclose any medical conditions that may impact their ability to participate safely.

• Instructors have the authority to deny training if a Customer exhibits visible illness, injury, or signs of intoxication.

• 3.3. Alcohol & Drug-Free Policy

• Customers must not consume alcohol, drugs, or enter training areas under the influence of any intoxicants.

• Violations will result in immediate removal and potential termination of membership.