Public Offer Agreement

The scope of the Agreement has been defined as the terms related to the granting of Membership to the Member by the Studio.

The subject matter of the Agreement has been defined as the services availed by the Member from the Studio and are agreed as the selected membership package.

The date of commencement of the Agreement shall be the date of the Member’s acceptance of this offer (by booking, payment or use of the Studio’s services).

The Parties hereby covenant that they are competent to carry out the obligations set out in this Agreement.

The Studio agrees to grant the Member the rights to utilise the Studio for the agreed services for the Membership Period.

The Parties hereby acknowledge that the membership as per this Agreement shall be active from the day of the Member’s acceptance of this offer, unless the Member selects a delayed activation option.

The Studio covenants that it is a legal entity registered within the emirate of Dubai and it has all the legal and regulatory compliances to operate its business in Dubai, UAE.

The Studio hereby warrants that it is well equipped with the training staff/instructors to train the Member as per this Agreement to help them avail the services under this Agreement.

The Member hereby acknowledges and agrees that the Studio has the right to unilaterally change the schedule of classes and the work schedule of instructors/training staff in accordance with their availability and convenience.

The Member hereby agrees to indemnify and hold the Studio harmless from any claims, liabilities, or damages arising out of any unforeseen circumstances while utilising the Studio as per this Agreement.

The Member hereby warrants that he/she does not have any medical or physical condition that restricts the Member from availing the agreed services from the Studio or infect the other Members of the Studio.

It is agreed between the parties that the Studio shall not be responsible for any actions or stunts performed by the Member without the supervision of the authorised training staff/instructors of the Studio.

The Member hereby agrees to abide with the rules and instructions of the Studio and its authorised training staff/instructors, and to indemnify the Studio from any damage that may be caused due to the failure of obliging to this term.

The Member hereby acknowledges and agrees that the Studio has the right to organize and conduct photo and video shooting at classes and events of the Studio and between them, and use materials on posters, on the website, in social networks and on the Internet, etc.

The Member has the right to attend classes of his/her choice in accordance with the schedule of the Studio and to independently register on the service at https://an5000.listok.online/wapi.

The Parties agree and acknowledge that the Member shall cancel the Membership only by serving 07 days notice to the Studio.

The Parties hereby acknowledge that the Studio reserves the right to immediately cancel the Membership of the Member, if:

• the Member fails to abide with the rules of the Studio; or
• the Member fails to pay the Membership fee as per Clause 5 of this Agreement; or
• the Member fails to comply with any of the terms of this Agreement.

The Parties hereby agree and acknowledge that the Membership Fee paid by the Member as per Clause 5 of this Agreement shall not be refunded in the event of cancellation of membership either by the Studio or by the Member.

The Member hereby agrees to pay the Membership Fee considered as the Consideration of this Agreement upon acceptance of this offer.

The Member agrees to fulfil the full payment obligations as outlined in this Agreement, regardless of usage, attendance or activation.

Members may choose to prepay for membership fees using available payment platforms, including but not limited to Tabby. The Member hereby acknowledges that any prepayments made are strictly non-refundable under any circumstances.

By opting for the prepayment facility, the Member acknowledges and agrees that once processed, such payments are final, and no refunds, reversals, or credits will be issued by the Studio.

The Parties acknowledge that the payment of consideration shall be transferred through a mutually agreed payment method in the currency of UAE Dirhams.

Notwithstanding the termination of the Agreement or any other event, the Member who elects to make payments through Tabby shall remain fully liable for the completion of all instalment payments. The responsibility for fulfilling this payment obligation rests solely with the Member. The Studio reserves the right to initiate legal action if the Member fails to adhere to this clause.

The Parties hereby acknowledge and agree that any and all fees paid by the Member as per this Agreement, including any prepayment or deposit, shall not be refunded under any circumstances.

The Member hereby agrees to indemnify the Studio from any claims for refund of any and all fees paid by the Member in pursuance of this Agreement.

The Studio shall not bear any responsibility for the Member’s inability to complete payments for any reason, and no refund or partial credit will be issued for unused portions of the membership.

The Parties agree that the Member shall not be entitled to any refund, even in the event of delayed activation or non-activation of the membership.

The Studio agrees to grant a membership freeze to the Member as follows:

• For 24 Classes: 7 days freeze
• For 48 Classes: 14 days freeze
• For 96 Classes: 30 days freeze
• For 144 Classes: 30 days freeze
• For 192 Classes: 30 days freeze

The Parties acknowledge that the membership freeze shall be allowed only if the Member gives a prior written request to the Studio.

The Studio hereby agrees that the Member shall avail an extension of membership freeze to a mutually agreed period, in the event of any health-related issues to the Member, provided a medical certificate for the same is served to the Studio.

The Member shall avail a membership freeze or transfer of membership to a friend or acquaintance, in the event of the following circumstances, provided relevant documents that certify the same are served to the Studio:

• loss of job of the Member
• relocation

“Confidential Information” includes: (i) any information disclosed by either party, verbally, electronically, visually, or in written form, which is identified or reasonably understood to be confidential; and (ii) the terms, proposals, or documents preceding this Agreement. This may encompass business strategies, trade secrets, Intellectual Property, software, data, inventions, techniques, marketing plans, forecasts, client lists, investor information, employee data, financial details, and any confidential business information of the Owner.

Each party agrees to restrict disclosure of confidential information to employees or advisors with a need to know, use the information solely for the implementation of this Agreement, and return all written materials, including copies, within 2 days of notice from the disclosing party. All records remain the property of the owner and will be either returned, preserved, or destroyed upon termination of the Agreement as directed.

This Agreement shall be valid for the Membership Period from the date of Commencement of this Agreement, or once the paid number of classes/sessions agreed have finished, which is subject to renewal as per mutual agreement between the Parties.

Both parties may terminate this Agreement by serving 07 days notice to the other party or on evidence of violation of clauses — Intellectual Property Rights, Confidentiality, Consideration and Terms of this Agreement.

Termination of this Agreement will not release both parties from respective liabilities incurred by them during the tenure of this Agreement.

Termination shall not relieve or affect the rights or remedies of either party in relation to any accrued rights or unperformed obligations, arising prior to or upon the date of termination.

The Parties to this Agreement hereby acknowledge that the failure to comply with any of the clauses of this Agreement shall attract legal consequences and the violator shall solely be responsible for any damages or costs to the aggrieved party in case of any breach of this Contract.

Neither party shall be considered a partner, joint venture partner, legal representative, or agent of the other under this Agreement, nor shall either party have the authority to incur liabilities on behalf of the other, except as expressly stated herein. Employees of either party shall not be deemed employees of the other.

Save as expressly otherwise provided in the Agreement, each of the parties hereto shall bear its own legal, accountancy and other costs, charges and expenses connected with negotiation, preparation and implementation of this Agreement.

This Agreement shall be governed by and interpreted in accordance with the laws of UAE. The Courts of Dubai, UAE shall have the exclusive jurisdiction to settle any unresolved disputes which may arise between the parties.

Each party to the Agreement represents that it possesses the full power and authority to enter into this Agreement and to perform its obligations hereunder and that the legal representative of each party is fully authorised to sign this Agreement.

This Agreement, including all Annexures, addendums, and modifications, constitutes the entire agreement between the parties, superseding all prior proposals, negotiations, and understandings. If any clause becomes inapplicable or illegal due to government action or other circumstances, it shall be severed without affecting the validity of the remaining provisions. This Agreement is concluded electronically upon the Member’s acceptance and does not require a physical signature to be binding; the Studio may additionally execute signed counterparts where required.