Terms of Use

Effective Date: June 6, 2025

By accessing or using the Barbella Gym website, mobile applications, studio facilities, or related services in any way, including registering as a member, attending classes, or browsing our content, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms of Use.

If you do not accept these terms, you must immediately stop using our site and services.

These Terms Include:

A binding arbitration provision and waiver of class action rights governing any disputes or claims you may have with Barbella Gym (see Section 22).
Information on how we may communicate with you, including SMS, WhatsApp, or email notifications (see Section 7).
Our privacy practices, which explain how we collect and use your personal data (see our Privacy Policy).

Barbella Gym (“we”, “us”, or “our”) operates this website, our mobile applications, and related services and products (collectively, the “Services”). Your use of these Services is subject to your acceptance, without modification, of the terms, conditions, and notices outlined in this agreement (the “Terms of Use” or “Terms”).

Our Privacy Policy is incorporated by reference into these Terms. If there is a conflict between the Privacy Policy and these Terms, the Terms of Use will prevail.

Eligibility:

The Services are intended solely for individuals who are capable of forming legally binding contracts under applicable law. By using our Services, you represent that you are at least the age of majority in your jurisdiction. The Services are not available to minors without the explicit consent of a parent or legal guardian.

Modifications to These Terms:

Barbella Gym reserves the right to change, update, or revise these Terms at any time, at our sole discretion. When changes are made, we will update the effective date at the top of the page and may provide additional notice (e.g., via email or site banner). Continued use of our Services after any changes constitutes your acceptance of the new Terms.

1. HEALTH AND MEDICAL CONCERNS

BarbellaGym.com includes information and instruction related to exercise, training, and fitness. You acknowledge and agree that the following warnings and disclaimers apply to all such content, services, and activities offered through our Site or in-person at our facilities.

THE INFORMATION PRESENTED ON THIS SITE AND THROUGH OUR SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

This content is provided for general educational purposes only and should be used only in conjunction with advice from your licensed physician or healthcare provider. You are strongly advised to consult with a medical professional before starting or modifying any fitness, wellness, dietary, or training regimen offered at Barbella Gym or accessed through our Site or mobile applications.

Barbella Gym, its trainers, staff, and content providers are not licensed medical care providers. We do not diagnose, treat, or offer medical guidance on any medical conditions, and we do not guarantee that the services provided are safe or suitable for everyone.

YOU ACKNOWLEDGE THAT PARTICIPATING IN PHYSICAL EXERCISE OR USING FITNESS FACILITIES INVOLVES A RISK OF INJURY, OR IN EXTREME CASES, DEATH. YOU VOLUNTARILY ASSUME ALL SUCH RISKS.

Never ignore or delay seeking medical advice because of something you’ve read or viewed through our Services. If you are pregnant, have an eating disorder, diabetes, a heart condition, joint problems, or any pre-existing medical issue, you must consult with your doctor before using our Services or attending any classes.

Please review the checklist below with your doctor when considering a new exercise program:

Do you often feel chest pain after physical activity?
Do you get dizzy or lose balance when exercising?
Do you feel breathless after mild exertion?
Are you currently taking medication for high blood pressure or a heart condition?
Do you suffer from joint or mobility issues?
Do you have a condition such as diabetes that may require supervised physical activity?
Are you new to fitness, or have you been inactive for a long period?

IF YOU EXPERIENCE ANY PAIN, DIZZINESS, SHORTNESS OF BREATH, OR OTHER DISCOMFORT DURING ANY ACTIVITY, IMMEDIATELY STOP AND SEEK MEDICAL ATTENTION.

Barbella Gym urges all members and users to put health and safety first. Participation is always voluntary and at your own risk.

2. LICENSE AND ACCESS

Barbella Gym grants you a limited, non-exclusive, non-transferable, and revocable license to access and use BarbellaGym.com and any affiliated mobile applications (collectively, the “Site”) for your personal, non-commercial use only, subject to these Terms of Use.

This license strictly prohibits:

Any resale or commercial exploitation of the Site or its contents.
The collection or use of any class listings, service descriptions, pricing, schedules, or staff profiles for commercial purposes.
Any derivative use of the Site, its materials, or Services.
The use of data mining, bots, scraping tools, or similar data-gathering or extraction methods.

No part of the Site, including content, layout, branding, class structure, or service materials, may be reproduced, copied, sold, resold, modified, or otherwise exploited for any commercial purpose without the prior written consent of Barbella Gym.

Any unauthorized use of the Site immediately terminates the limited license granted to you, and we reserve the right to take appropriate legal action.

3. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of Barbella Gym’s website, mobile app, or any digital service (collectively, the “Site”), you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You agree to comply with all applicable local, national, and international laws, including but not limited to privacy, intellectual property, consumer protection, and data security regulations.

You further agree that:

You will use the Site in a respectful and professional manner and will not engage in any activity that could damage, disable, overload, impair, or interfere with the Site or any other user’s access to it.
You will not attempt to gain unauthorized access to any section of the Site, or to any systems, servers, or networks connected to the Site.
If you gain access to any content or information not intended for you, you will immediately notify us and permanently delete such content. Please email us at: [email protected] (or your preferred contact).

You agree not to:

Use any robot, crawler, scraper, spider, or other automated or manual tools to monitor, extract, or copy content from the Site.
Use any device, software, or routine to interfere with the proper operation of the Site or any transactions conducted through it.
Mirror, modify, distribute, publicly display, or create derivative works based on any Site content (unless it’s content you legally own) without our express written consent.
Frame or deep-link to any part of the Site or engage in any form of data harvesting or scraping.
Introduce or upload malicious code such as viruses, worms, Trojans, time bombs, or other harmful programs intended to disrupt, interfere with, or gain unauthorized access to the Site or its data.
Engage in any behavior that would create legal risk for Barbella Gym, compromise our service providers, or disrupt operations in any way.

Violation of this section may result in immediate termination of your access and may subject you to civil and/or criminal liability.

4. YOUR ACCOUNT

Certain parts of the Barbella Gym website and mobile app (iOS or Android) may require you to create a member account in order to access specific content, features, or services, such as class bookings, schedule tracking, or membership updates.

By creating an account, you agree to:

Provide true, accurate, and up-to-date information during the registration process.
Keep your login credentials confidential, including your password and any personal access codes.
Promptly update your account information if there are any changes to ensure your records remain accurate.

You are solely responsible for all activity that occurs under your account, whether you authorized that activity or not. Barbella Gym will not be held liable for any loss or damage resulting from unauthorized access to your account due to your failure to maintain security.

If you suspect unauthorized use of your account or become aware of any security breach, please contact us immediately at:
📧 [email protected]

Barbella Gym reserves the right, at its sole discretion and without notice, to:

Deny account registration
Suspend or terminate access to your account
Modify or restrict features, content, or services available to account holders

This may occur at any time, for any reason, including suspected misuse, policy violations, or security risks.

5. USE OF COMMUNICATION SERVICES

The Barbella Gym website, mobile app, and digital platforms may include features such as forums, feedback tools, discussion groups, chat areas, messaging, class reviews, calendars, or other methods of communication (collectively, “Communication Services”) designed to foster interaction between members, staff, or the public.

You agree to use these Communication Services responsibly and only for lawful, respectful purposes related to Barbella Gym and its community.

When using a Communication Service, you agree not to:

Defame, harass, threaten, or violate the legal rights (including privacy and publicity) of others.
Post or share any inappropriate, offensive, defamatory, obscene, hateful, or unlawful content.
Upload materials protected by intellectual property laws (e.g., copyrighted music, videos, or text) unless you own the rights or have permission.
Upload files containing malware, viruses, corrupted data, or any harmful software.
Advertise or promote products, services, or other businesses unless explicitly allowed.
Engage in pyramid schemes, chain messages, or unsolicited promotions.
Download files you know (or reasonably should know) cannot be legally shared.
Misrepresent the origin or ownership of any content.
Interfere with another user’s ability to use and enjoy the Communication Services.
Collect personal data from other users without their consent.
Violate any applicable local, regional, or international laws or regulations.

You are responsible for complying with any usage limitations or copyright notices attached to uploaded or downloaded materials.

Monitoring & Moderation:

Barbella Gym is not obligated to monitor Communication Services but reserves the right to review, remove, or restrict any content or user activity at any time and for any reason, without prior notice.

Disclosure Rights:

We may disclose content or user information if required to comply with applicable law, legal process, governmental request, or in order to protect the rights and safety of Barbella Gym, our members, or the public.

User Caution:

Please use good judgment and caution when sharing any personal information through Communication Services. Barbella Gym is not responsible for the content or conduct of users in these spaces, and views shared by members or users do not necessarily reflect the views of Barbella Gym or its management.

6. INFORMATION PROVIDED TO BARBELLA GYM OR POSTED TO OUR SITE

We do not claim ownership of any content, feedback, ideas, or other materials you submit to us, whether through our website, mobile app, email, chat, or in any public or private forum, including comments, suggestions, testimonials, or other inputs (collectively, “Submissions”).

However, by submitting or posting content through any Barbella Gym platform or service, you grant us, our affiliates, and any authorized third parties a worldwide, royalty-free, non-exclusive, perpetual license to use your Submissions for the operation and promotion of Barbella Gym’s business. This includes, but is not limited to, the rights to:

Use, copy, reproduce, distribute, display, perform, modify, and translate your Submissions
Reformat or adapt your content for use across platforms
Publish your name or username in connection with your Submission (except where restricted by law)

Confidentiality:

Unless otherwise agreed in writing, we are under no obligation to treat Submissions as confidential, and you should not expect confidentiality when voluntarily posting or submitting content. We are not responsible for any use or disclosure of Submissions, and we reserve the right to use them for any purpose, without compensation to you.

All personal information shared with Barbella Gym is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Right to Remove Content:

We are not obligated to post or retain any Submission you provide. We may, at our sole discretion, remove or decline to display any Submission at any time, for any reason, and without notice.

Your Warranties:

By submitting content, you confirm that:

You own or control all necessary rights to the Submission
The Submission is accurate and not misleading
The Submission does not violate the rights of any third party, including intellectual property or privacy laws

Content from Other Users:

Barbella Gym is not responsible for user-generated content. You acknowledge that information posted by other users may be inaccurate, offensive, misleading, or impersonated, and you agree to use caution and good judgment when interacting with such content or users.

If you encounter misuse or abuse of the platform, please notify us at: [email protected]

7. SMS & WHATSAPP COMMUNICATIONS TERMS AND CONDITIONS

Barbella Messaging Program

By providing your mobile number and opting in to receive communications, you give your express written consent to receive both transactional and marketing messages via SMS and WhatsApp from Barbella Gym and authorized third parties acting on our behalf.

These messages may include (but are not limited to):

Class booking confirmations or reminders
Membership updates
Promotional offers and news
Account notifications

Messages may be sent using automated systems or messaging tools.

Consent to Receive Messages

By opting in, you agree to the use of an electronic record to document your consent. Your agreement to receive marketing communications is not a condition of purchase or membership.

Cost

Message and data rates may apply, depending on your mobile carrier or data plan. This includes charges for SMS and WhatsApp usage. Barbella Gym does not charge additional fees for sending messages.

How to Opt Out

You may opt out at any time:

SMS: Reply STOP to any message
WhatsApp: Send STOP to our WhatsApp channel

After opting out, you will receive a confirmation message, and we will discontinue marketing and transactional messages (except messages required for legal or billing purposes, such as overdue fees).

Your Responsibilities

You confirm that you are the authorized user of the mobile number(s) you provide and that you will notify us immediately if your number changes. Failure to do so may result in unauthorized messaging, and you agree to hold Barbella Gym harmless from any liability resulting from such failure.

Sharing and Use of Mobile Data

By opting in, you consent to the collection and use of your mobile number in accordance with our Privacy Policy. We may share your number with:

Third-party service providers who help us send messages
Affiliated companies or marketing partners (only where permitted by law)

You can request to opt out of marketing data sharing at any time by contacting us at: [email protected]

Note: You cannot opt out of sharing your number with service providers essential to message delivery (e.g., SMS gateways or WhatsApp business platforms).

Program Changes

Barbella Gym reserves the right to change, pause, or terminate our messaging services (SMS or WhatsApp) at any time without notice. Message content may be subject to availability, time delays, or technical errors.

By opting in to receive messages, you confirm that you have read and accepted these SMS & WhatsApp Communication Terms and our full Terms of Use and Privacy Policy.

8. MARKETING

Barbella Gym may occasionally send you promotional emails, WhatsApp messages, or SMS texts about new classes, events, special offers, or studio updates.

You can limit or opt out of receiving marketing communications at any time by:

Clicking the “unsubscribe” link in any promotional email
Replying STOP to SMS or WhatsApp marketing messages
Contacting us directly at [email protected]

Please note:

Even if you opt out of marketing communications, you may still receive important transactional messages related to your membership, billing, class reminders, or account updates.

9. LINKS TO THIRD-PARTY SITES

Our website and digital services may contain links to external websites operated by third parties (“Linked Sites”). These links are provided solely for your convenience and reference. Barbella Gym does not own, control, or maintain any Linked Sites and is not responsible for their content, privacy practices, or security.

We do not endorse, sponsor, or guarantee any Linked Site or the products, services, or information presented there. Inclusion of a link does not imply affiliation or endorsement by Barbella Gym.

You acknowledge and agree that:

Barbella Gym is not responsible for any content, advertising, services, or materials found on or through any Linked Site.
We are not liable for any loss or damage arising from your use of Linked Sites, or from any transactions or communications you have with third parties.
You access and interact with Linked Sites at your own risk.

Please exercise caution when navigating away from our Site. Linked Sites may:

Set cookies or tracking technologies beyond our control
Collect personal information
Present content you may find objectionable or misleading

Additionally, some links may lead to partner services, such as merchandise stores or external booking platforms. In those cases, Barbella Gym acts only as a referral source; we are not a party to any transaction you enter with third-party vendors, and we do not guarantee their quality, availability, or accuracy.

Security Notice:

Barbella Gym makes no representations about the security of information (e.g., credit card or personal data) you submit to a third-party site. You agree that Barbella Gym is not liable for any breach, misuse, or loss of data resulting from interactions with Linked Sites.

10. LINKS TO THIRD-PARTY INTEGRATIONS

Barbella Gym may offer access to or link to third-party integrations, external platforms, services, or applications that sync with our website or mobile app to enhance your experience (e.g., booking systems, payment gateways, fitness tracking tools, or communication apps).

These integrations are provided for your convenience and functionality, but they are not operated or controlled by Barbella Gym.

By using third-party integrations, you acknowledge and agree that:

We are not responsible for the availability, performance, or content of these platforms.
We do not endorse or guarantee the accuracy, security, or legality of any features, content, services, or products offered by these third parties.
You use these integrations at your own risk and are subject to their own terms of service and privacy policies.

Barbella Gym cannot guarantee the privacy or security of any personal data shared with or collected by these integrations. We recommend you carefully review the privacy practices and legal terms of any third-party service before linking or submitting your information.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

Barbella Gym provides its website, mobile app, and all related content and services (“Site”) on an “as is” and “as available” basis. Your use of the Site is entirely at your own risk.

While we strive to keep our content and offerings accurate and up to date, we do not guarantee the completeness, reliability, or currentness of any information on the Site. For the most accurate details on class schedules, availability, staff, and policies, we recommend contacting our front desk or using our official communication channels.

Barbella Gym makes no representations or warranties that:

The Site will be permitted or accessible in your jurisdiction
The Site will meet your personal or fitness expectations
All features will continue to be supported or available indefinitely

All content, materials, and services made available through the Site are for informational purposes only. They are not intended to constitute medical, legal, financial, or other professional advice. Any reliance on information provided through the Site is strictly at your own discretion. You should always consult qualified professionals before making health, legal, or financial decisions.

No Warranty

To the fullest extent permitted by law, Barbella Gym:

Disclaims all warranties, express or implied
Makes no guarantees regarding merchantability, fitness for a particular purpose, accuracy, reliability, or availability
Does not warrant that the Site is free from errors, interruptions, viruses, or harmful components

Limitation of Liability

To the maximum extent permitted by law, Barbella Gym and its affiliates, staff, suppliers, or third-party service providers will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to:

Errors or omissions on the Site
Downtime or lack of access
Security breaches or unauthorized access
Loss of data, revenue, or reputation
Issues related to third-party services, integrations, or links

This applies whether claims are based in contract, negligence, strict liability, or otherwise; even if we have been advised of the possibility of such damages.

If you are dissatisfied with any part of the Site or these Terms, your sole and exclusive remedy is to stop using the Site.

Barbella Gym is not responsible for:

Any injury or data loss resulting from the use of our Site or third-party integrations
Security issues related to personal or payment information shared with linked services
Secondary parties viewing Barbella content on your personal device; it is your responsibility to inform them of these disclaimers and limitations

12. PAYMENTS

Some services or purchases related to Barbella Gym, such as memberships, class packages, or merchandise, may involve online payment processing. These transactions may be handled through third-party platforms or external websites, which may be accessed via links from our Site or mobile app.

Please be aware that:

Third-party payment processors operate under their own terms of service, privacy policies, and data practices.
Barbella Gym does not control or manage these external platforms and is not responsible for their content, accuracy, security, or handling of your information.

By proceeding with a payment, you acknowledge and agree that any financial transactions you initiate are between you and the third-party processor, not Barbella Gym. We are not liable for any issues that may arise during or after the transaction, including but not limited to:

Payment processing errors
Failed transactions
Security breaches on third-party platforms
Delays in billing or confirmation

If you encounter any issues with a payment, please contact the respective payment provider directly.

13. PRIVACY AND ELECTRONIC COMMUNICATIONS

Barbella Gym respects your privacy and is committed to protecting your personal data in accordance with applicable data protection laws, including the Personal Data Protection Law (PDPL) of the Kingdom of Saudi Arabia, UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data, and similar regulations across GCC and MENA countries.

When you interact with Barbella Gym online, including through our website, app, or digital platforms, certain personal data may be collected, processed, and stored, such as your name, contact details, IP address, communications, and usage behavior. This data is handled in accordance with our Privacy Policy, which outlines:

What data we collect and why
How it is processed, stored, and protected
Your rights under applicable local data protection laws
Our lawful bases for processing, including consent where required

Electronic Communications Disclaimer

While we take reasonable steps to safeguard your information, we cannot guarantee absolute confidentiality or security of communications transmitted over public or third-party networks (e.g., email, messaging apps, or internet providers).

You acknowledge and agree that:

Electronic transmissions may be intercepted, monitored, or altered by parties beyond Barbella Gym’s control
We are not liable for any breach of privacy, loss of confidentiality, or unauthorized access occurring as a result of network transmission

Cross-Border Data Transfers

Your data may be transferred to or stored in jurisdictions outside your country of residence, including jurisdictions that may have different data protection standards. Where applicable, we implement appropriate safeguards in accordance with PDPL and other GCC regulatory requirements.

For further information about how we collect, store, or share your data, or to exercise your privacy rights, please refer to our Privacy Policy or contact us at: [email protected]

14. PRODUCT DESCRIPTIONS

Barbella Gym aims to ensure that all product and service descriptions provided on our website, mobile app, and promotional materials are accurate, up-to-date, and informative. This includes details related to:

Membership plans
Class packages and schedules
Personal training services
Retail items (e.g., supplements, apparel, accessories)

However, we do not guarantee that all descriptions, prices, images, availability, or other content on the Site are free from errors, omissions, or inaccuracies.

We reserve the right to:

Correct any errors or inaccuracies at any time without prior notice
Update or modify product and service details
Cancel or refuse orders based on incorrect information, even after submission

All content is provided for informational purposes only and is not a binding representation or offer. We encourage you to contact us directly if you have specific questions before making a purchase or booking a service.

15. RIGHT TO CANCEL ORDERS

Barbella Gym reserves the right to cancel, refuse, or modify any order, purchase, subscription, account registration, or enrollment in services, classes, or promotions at any time and at our sole discretion.

We may exercise this right if:

We reasonably believe the order or activity was the result of fraudulent behavior, misuse, or unauthorized access
The transaction was made in violation of these Terms of Use or any other posted Barbella Gym policy
The purchase or booking contains errors, such as pricing mistakes, incorrect service details, or inaccurate availability
There is evidence of inappropriate conduct or abuse of promotional offers

If your order is canceled, you will be notified using the contact information you provided during the transaction. Any applicable refund (if eligible under our Refund & Return Policy) will be issued in accordance with our policies.

Barbella Gym also reserves the right to limit or restrict access to services, programs, or offers in order to protect the experience of other members and users.

16. AVAILABILITY OF PRODUCTS AND SERVICES

Barbella Gym makes every effort to ensure that the products, services, and content described on this Site are accurate and accessible. However, certain products or services may not be available in your location or may be subject to regional restrictions.

We make no guarantee that:

The Site, its content, or any features are appropriate for use in all countries or regions
Services (such as memberships, classes, personal training, or online content) are legally permitted or accessible in your jurisdiction
All product descriptions, pricing, or availability information is valid outside of Kuwait or the GCC region

If you access the Site from outside the locations where Barbella Gym operates or from a region where access is restricted, you do so at your own risk, and you are responsible for compliance with all applicable local laws and regulations.

If any use of this Site or the services described here violates local law in your jurisdiction, you are not authorized to access the Site and must discontinue use immediately.

You represent and warrant that your use of the Site is lawful and permitted under the laws of your jurisdiction, and Barbella Gym and its partners, employees, and agents (collectively, the “Indemnified Parties”) may rely on your representation.

Export Restrictions:

This Site is operated from Kuwait. Certain downloadable materials or services may be subject to international export controls or trade restrictions. You agree not to use, export, or re-export any software, products, or services in violation of applicable laws, including sanctions issued by the U.S., U.N., or local authorities.

By using the Site, you confirm that you are not located in or affiliated with any country, entity, or individual subject to international sanctions or restrictions.

17. COPYRIGHT AND TRADEMARK NOTICES

All materials and content presented on the Barbella Gym website and mobile platforms, including but not limited to text, graphics, logos, icons, photos, videos, audio clips, digital downloads, data compilations, and software, are the intellectual property of Barbella Gym, or licensed to Barbella Gym, and are protected under Kuwait copyright law, GCC regional regulations, and international copyright conventions.

Barbella Gym vigorously protects its intellectual property rights and will seek all applicable legal remedies in response to any unauthorized use, reproduction, or distribution of its materials.

All rights are reserved.

Trademarks

The Barbella Gym name, logo, and any associated design marks are registered or unregistered trademarks or service marks owned by Barbella Gym or its affiliates. All other trademarks, logos, or brand names used on the Site may be the property of their respective owners and are used for reference only.

Nothing on the Site shall be construed as granting any license or right to use any trademark or copyrighted material without prior written permission from Barbella Gym or the respective rights holder.

Unauthorized use of any content from the Site may violate copyright, trademark, and other laws, and is strictly prohibited.

Any rights not expressly granted in these Terms are reserved.

18. BIOMETRIC INFORMATION COLLECTION

At Barbella Gym, we are committed to protecting your personal information and maintaining transparency about how we may collect and use biometric data.

Future Use of Biometric Technologies

While we do not currently use any biometric systems, Barbella Gym may in the future implement technologies such as facial recognition (Face ID), fingerprint scanning, or palm-based identification to enhance member access, improve security, or streamline service check-ins (e.g., classes or personal training sessions).

If biometric features are introduced, we will:

Provide clear advance notice outlining what data will be collected, why, and how it will be used
Obtain your explicit written consent before collecting or storing any biometric identifiers
Ensure all biometric data is securely stored, encrypted, and handled in accordance with applicable law
Use the data solely for stated operational purposes, and never sell or share it without your consent

Biometric data may be used to:

Authenticate your identity at the facility
Track your session participation (for personal training, group classes, etc.)
Improve your overall member experience with faster, contactless access

Barbella Gym will comply with all relevant privacy regulations, including the Personal Data Protection Law (PDPL) Saudi Arabia, the UAE, and other applicable GCC and MENA jurisdictions.

If you do not consent to biometric data collection when implemented, you may be unable to access certain services or facilities, as biometric authentication will be part of our mandatory security protocol.

Barbella Gym takes your privacy seriously and is committed to full compliance with data protection laws, while maintaining a safe and efficient environment for all members.

19. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Barbella Gym, its affiliates, owners, directors, officers, franchisees, partners, subsidiaries, employees, contractors, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, damages, losses, liabilities, penalties, expenses, and costs (including reasonable attorneys’ fees and court costs), arising from or related to:

Your violation of these Terms of Use
Your use of the Site, services, or any products provided by Barbella Gym
Your violation of any law or the rights of a third party (including, without limitation, intellectual property rights, privacy, publicity, or other personal or proprietary rights)
Any activity that occurs under your account, with or without your knowledge or consent
Any unauthorized or unlawful use of the Site by you or anyone accessing the Site using your account

This indemnification includes, but is not limited to, claims resulting from:

Infringement of copyright, patent, trademark, trade secret, or other intellectual property rights
Unauthorized transmission of data, technical disruption of the Site, or use of malicious code or harmful components
Bodily injury or property damage resulting from your actions or omissions

If a claim or legal action is brought against any Indemnified Party, you agree to:

Promptly provide full cooperation in the defense
Reimburse all legal fees, settlements, and liabilities incurred
Allow Barbella Gym to assume exclusive control over the defense, if it chooses

This obligation survives the termination of your account or use of the Site. We reserve the right, at our sole discretion and expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us.

20. TERMINATION / ACCESS RESTRICTION

Barbella Gym reserves the right, in its sole and absolute discretion, to terminate or restrict your access to the Site, mobile applications, or any related services, content, or features; at any time and without prior notice, for any reason or no reason at all.

This may include, but is not limited to, situations where:

You violate or breach these Terms of Use
You engage in behavior that is disruptive, abusive, harassing, or unlawful
You attempt to interfere with the security or proper functionality of the Site
You act in a manner intended to annoy, abuse, threaten, defame, or harass other users, Barbella Gym staff, or any affiliated parties
You engage in conduct that we determine, at our sole discretion, to be inappropriate or harmful to the experience of other members or the integrity of our services

We also reserve the right to:

Refuse or suspend service
Terminate accounts
Edit or remove content
Cancel orders or reservations

These rights apply to both online and in-person services offered by Barbella Gym.

Termination or suspension of your access does not waive or limit our rights to take further legal action or seek other remedies available under the law or equity.

21. RIGHT TO CANCEL OR SUSPEND USE OF SITE

Barbella Gym reserves the right, in its sole and absolute discretion, to cancel, suspend, modify, or restrict access to the Site or any portion of it, at any time and without notice, if we determine that operation of the Site is no longer feasible or has been compromised.

This includes, but is not limited to, situations involving:

Viruses, malware, or other technical infections
System bugs, errors, or tampering
Unauthorized access or intervention
Fraud or attempts to defraud
Technical failures, outages, or performance issues
Any event or cause beyond our reasonable control that affects the security, stability, fairness, or integrity of the Site or its services

In such cases, we may:

Prohibit any individual or entity from accessing or continuing to use the Site
Void or restrict submitted data or activity deemed affected
Take any other action we believe necessary to protect the Site, users, and our business operations

We are not liable for any loss or inconvenience that may result from the temporary or permanent unavailability of the Site or any part thereof.

22. INTERNATIONAL USE

Given the global nature of the Internet, you acknowledge and agree that you are solely responsible for ensuring your use of the Barbella Gym website and related services complies with all applicable local, national, and international laws, rules, and regulations.

For example, you agree to:

Comply with all applicable export and import laws related to technical data and content accessed or transmitted via the Site
Understand and adhere to any data protection, privacy, or usage restrictions that apply in your country or jurisdiction
Acknowledge that access to certain content, services, or features of the Site may be restricted based on your location, due to legal, regulatory, or operational considerations

By accessing and using the Site, you represent and warrant that such use is lawful in your jurisdiction and that you accept full responsibility for compliance with all applicable laws and regulations in your region.

23. MOBILE APPLICATION USERS

These Terms of Use apply to your use of any current or future version of the Barbella Gym mobile application (the “App”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, you must uninstall the App immediately.

If your access to the App is terminated by us, you agree to delete the App from your device without delay.

Please note:

The App may not be compatible with all devices, operating systems, or mobile carriers.
You are solely responsible for any mobile data, messaging, roaming, or related charges incurred as a result of downloading, installing, or using the App.
We may, at our sole discretion, update, modify, limit, or discontinue the App or any part of its features at any time, with or without notice.

If you access the App via an Apple iOS device (e.g., iPhone or iPad), these Terms incorporate by reference the Apple Licensed Application End User License Agreement.

If you access the App via an Android device, you agree to the terms of the Google Play Terms of Service and any applicable Google Play Developer Distribution Agreement.

You are also required to comply with the terms of your mobile service provider and any third-party agreements related to the use of your device.

For details on how we collect, use, and share data through the App, please refer to our Privacy Policy.

24. ARBITRATION; WAIVER OF CLASS ACTION AND JURY TRIAL

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Binding Arbitration.

To the maximum extent permitted under applicable law in Kuwait and other GCC countries, you agree that any dispute, claim, or controversy arising out of or in connection with these Terms, your use of our services, the Site, or any related matter (each a “Dispute”) will be resolved exclusively through binding individual arbitration, not in court. You waive your right to initiate or participate in any class action, collective action, or other representative proceeding. You also waive the right to a trial by judge or jury.

This includes disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

Jurisdiction and Governing Law.

These Terms and any dispute or claim shall be governed by the laws of the State of Kuwait, without regard to conflict of laws principles. The language of arbitration shall be Arabic.

Arbitration Venue and Rules.

Arbitration shall be administered by a recognized arbitration center in Kuwait, the UAE, or another GCC country, subject to mutual agreement or at Barbella Gym’s sole discretion. The arbitration will be held before a single neutral arbitrator with experience in commercial and consumer disputes, and will follow rules consistent with regional arbitration protocols such as those of the Gulf Cooperation Council Commercial Arbitration Centre (GCCCAC) or an equivalent.

Arbitration may be conducted in person, via phone, or via a secure digital platform at Barbella Gym’s discretion.

Your Rights and Restrictions.

You agree to resolve all claims solely in your individual capacity, and not as a plaintiff or class member in any purported class or representative action.
You may not sue Barbella Gym in court or in any public forum.
Barbella Gym reserves the right to bring legal proceedings against you, including but not limited to cases involving breach of contract, IP infringement, or misuse of the Site or Services.
The arbitrator shall have no authority to consolidate claims or award relief to anyone but the individual party.

Informal Dispute Resolution First.

Before filing a claim, you agree to attempt to resolve the matter informally by sending a written notice to [email protected]. If not resolved within 60 days, either party may commence arbitration.

Costs and Fees.

Each party shall bear its own arbitration costs, attorney’s fees, and related expenses unless the arbitrator determines otherwise under applicable law.

Severability.

If any part of this arbitration clause is found unenforceable, the remainder shall remain in effect, except that the entire clause shall be void if it is found that arbitration cannot proceed on an individual basis.

25. DELETING YOUR ACCOUNT

If you wish to delete your Barbella Gym account, please submit a request by contacting us at [email protected].

Please note:

Certain information may be retained for legal, security, or operational reasons, in accordance with applicable laws in Kuwait and other GCC countries.
Account deletion may limit or remove your access to our services, classes, booking history, or any stored fitness or membership data.
Verification of identity may be required before processing the deletion request.

26. ADDITIONAL INFORMATION FOR ONLINE CLASS RESERVATIONS

For Barbella Gym memberships that include group fitness and/or specialty classes (“Classes”), members may reserve spots in advance through our website or mobile app.

Classes have limited capacity. Online reservation availability may vary by location and is displayed on the class schedule.

Reservation Guidelines:

Members may reserve classes up to 22 hours in advance.
A cancellation made less than 2 hours before class start time is considered a late cancel.
Failing to cancel and not attending is considered a no-show.

Fees:

There are no cancellation fees for either late cancellations or no-shows.
However, repeated no-shows or late cancellations may result in a temporary restriction on reserving classes online.

How to Cancel:

All class cancellations must be done through the Barbella Gym website or member app before the scheduled class time.

Policy Enforcement:

Members who frequently no-show or cancel late may be restricted from reserving classes for a set period.
You will receive a warning email if your account is at risk of restriction.

Terms of Acceptance:

By reserving Classes online, you agree to these terms. Barbella Gym reserves the right to adjust class reservation policies, including access restrictions, at any time without prior notice.

27. GENERAL TERMS

The following general terms apply to you and your use of the Site:

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Barbella Gym as a result of these Terms or your use of the Site.

Our performance of these Terms is subject to existing laws and legal processes, and nothing contained in these Terms shall limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Barbella Gym with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations above, the invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely reflects the original intent, and the remainder of the Terms shall remain in full force and effect.

The provisions concerning Disclaimers and Limitation of Liability, Indemnification, Arbitration and Waiver of Class Action, and any other rights or obligations that by their nature should survive termination shall survive any termination of these Terms.

Unless otherwise specified herein or agreed to by you in writing, these Terms constitute the entire agreement between you and Barbella Gym with respect to your use of the Site, and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic.

A printed version of these Terms and any electronically delivered notice shall be admissible in judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign your rights or obligations under these Terms without our prior written consent. No third party shall have any rights under these Terms.

28. NOTICES

You consent to receive all communications from Barbella Gym, including notices, agreements, disclosures, and other information, electronically. Barbella Gym may provide such communications by email or by posting them on our official website.

You agree that all electronic communications from Barbella Gym satisfy any legal requirement that such communications be in writing.

Nothing in this section limits BarbellaGym’s right to object to subpoenas, claims, or other legal demands.

29. HOW TO CONTACT US

If you have any questions regarding these Terms of Use, your privacy, or any of our policies, or if you need to report a concern related to the compromise of your information, you may contact us at: [email protected]