Terms and Conditions

These terms and conditions (hereinafter the „T&C“) represent terms and conditions for using this website and the service provided by Gym Breeze. This document is a binding contract between Gym Breeze customer (who consents to these T&C) and Gym Breeze.

Gym Breeze represents a limited liability society – Adjara Group LLC (I/C: 404676169, legal address: Kostava street N 14, Tbilisi, Georgia), who is the owner of this Website („Website“) and the services purchased by the customer by using this Website. Gym Breeze is the service provider of the services purchased on this Website, more specifically, operator of Gym Breeze padel courts, Padel Tournaments and Padel Group Classes (hereinafter „Gym Breeze“).

By consenting to these T&C, the Website user agrees to these T&C and its all integral parts (including, Personal Data Protection Policy and the Code of Conduct displayed at the Gym Breeze padel courts and agrees all clauses of T&C to be applicable to the latter.

Gym Breeze retains the right, to amend these T&C unilaterally at any time, in which case respective notification window will pop up in the customer’s profile on this Website. Customer’s consent to such amendment is not required. Customer’s continued use of the Website is considered as respective consent in relation with the amendment(s).

• What Services Are Provided by Gym Breeze?

1. Gym Breeze Padel Courts: Gym Breeze sells the playing time slots divided in hours (60 minutes), which enables the customer registered on this Website to purchase respective time slot, have access to padel court operated by Gym Breeze on respective hour and play padel by accessories of the customer or those rented out by Gym Breeze. Accessories are provided to the customer in exchange for respective fee for the purchased time slot.

2. Gym Breeze Padel Tournaments: Within the framework of the periodically organized Gym Breeze Padel Tournaments, Gym Breeze provides for the participants’ use the Gym Breeze Padel Courts. Within the scope of the Tournament, the participants will be further able to use padel balls and rackets and on the play-off stage, the service of the referee. The user which will register on this Website and will buy the tournament ticket, will be able to participate in the Tournament provided that such participant does not violate the tournament rules which excludes its perticipation in the Tournament.

3. Gym Breeze Padel Group Classes: As part of Gym Breeze Padel Group Classes, players are provided with 12 (twelve) one-hour group training sessions per month, held 3 (three) times a week, according to the training level (beginner or intermediate) selected by the players. Within the scope of the Padel Group Classes players will use the services of a selected coach, as well as padel rackets, balls, and other necessary equipment required for playing padel. The player who registers on this website and purchases Padel Group Classes will be entitled to receive the above-cited services from Gym Breeze, provided that they comply with this T&C.

Gym Breeze offers group padel lessons at two (2) different levels:

• Beginner – Has no or minimal experience in padel sport; and

• Intermediate – Has been playing padel regularly for at least 3 months and no more than 1 year.

Players are responsible for selecting the appropriate level of Padel Group Classes themselves, based on their personal skills and experience, and for ensuring that the level they choose corresponds to their realistic skills and experience in padel sport.

• How to use Gym Breeze. Registration of a Customer on the Website.

1. If the customer wishes to book and play on the padel court, he/she should: (a) register on this Website as unique user/customer; and (b) purchase respective time slot for accessing the padel court with respective game accessories (rent applies) or without.

Time slots, information on allocated court, accessories and any other information related with purchased service is provided on the Website and is informed to the customer at the moment of creating the booking. Information is also stored in the booking section of the Website.

Customer may purchase time slot for indicated period and on indicated date. Each padel court may be accessed from one to four players, but not more than four at the same time.

2. If the customer wishes to participate in the Tournament, he/she should: (a) register through this Webiste, (b) purchase the Tournament Ticket and (c) fill out the registration form displayed at the Tournament area.

Tournament dates and times and other relevant information related to the Tournament will be communicated to the participant to its e-mail address indicated on the registration form of this Website. Such information Gym Breeze may also publish on its social media platforms.

3. If the Customer wishes to register and use the Padel Group Classes, they must: (a) register on this website; (b) form a group consisting of a total of 4 (four) players; and (c) purchase 12 group padel lessons.

The training level, coach, and available dates and time slots offered on this Website are selected by the player at the time of registration and purchase of the Padel Group Classes.

Missed classes (regardless of the number of absent players) are non-refundable and cannot be rescheduled, nor will any portion of the payment for the service be returned based on the value of the missed classes.

The selected training level, coach, schedule, and group cannot be cancelled, changed, or modified after the purchase of the service, except in exceptional cases provided under this T&C.

Gym Breeze reserves the right, without prior consent of the players, to replace a coach assigned to any scheduled Padel Group Class with another coach of the same program level (Padel Group Class level), provided that such replacement does not affect the lesson program, since all coaches deliver training in accordance with the rules and standards defined for the respective Padel Group Class level.

In order to register and purchase Padel Group Classes, the player must form a group of no less and no more than 4 (four) players

For registering the profile of the customer, the customer should provide the following information:

• Name and surname;

• E-mail address;

• Mobile phone number;

By registering the profile, customer agrees and declares to Gym Breeze that:

• Customer represents the person of legal age (18 years and above);

• Information provided by the customer is full and accurate;

• Customer is not using the Website for false information or for disposing the information/assets, not being under customer’s lawful disposition right;

• Customer will not violate other parties’ rights by spreading illegal information or by acting illegally otherwise;

• Customer will not use this Website for the purposes of hindering padel courts operation or operation of this Website by Gym Breeze.

• As of the date of consenting to these T&C and throughout the term of its effectiveness, the customer, any entity carrying out any payment on its behalf, its officer(s), director(s), employees, agents, representatives, direct and/or indirect owner(s) are not listed in the Sanctioned Persons List, do not act on behalf of and/or with the mandate of the Sanctioned Person and/or are not owned directly and/or indirectly by the Sanctioned Person (“Sanctioned Person” being defined as any individual, entity, or government subject to economic or trade sanctions as defined by applicable laws and regulations, including, but not limited to, sanctions administered by the United Nations, the United States, the United Kingdom, the European Union, and other relevant jurisdiction).

In case if this representation is not accurate and/or is breached at any time by the customer, the latter indemnifies and holds Gym Breeze, its officer(s), director(s), employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (any direct, indirect, consequential or incidental damages, including but not limited with reasonable attorney costs) arising out of or related to the breach of contractual undertaking / representation. Indemnification clause survives termination or expiration of these T&C. Without prejudice to the right exercised under this Clause, Gym Breeze also retains the right to suspment the service provision to the Customer and its access to Gym Breeze padel courts immediately without any liability.

• Payment Terms.

1. In the event of booking and using the Padel Courts:

Customer pays fee for purchased time slots or shares it for payment with other co-players by inviting them to pay on the Website. In the latter case, customer indicates the name of invited co-player(s) and respective phone number.

Invited frined of the customer will receive invitation from Gym Breeze indicating inviting person’s name and surname and the request to access Gym Breeze Website for paying.

Please consider, that the person participating in payment should be registered customer on the Website and represent the person of legal age (18 years or above). Please make sure to warn your invited friend to register on Gym Breeze Website prior to invitation in compliance with the requirements set forth under the present Terms and Conditions regarding the Customer’s age. If they are not registered customers at the moment of invitation, they may register as the customers on the Website and check the notifications tab there to find their invitation and to finalize the payment.

Booking that was created by the customer, who invited friends for payment is subject to the following rules: friends should cover the shared payment within allocated 15 minutes. If within allocated 15 minutes, invited co-players do not carry out payment, customer who created the initial booking has the option to cover outstanding payment, otherwise the booking is entirely cancelled and payments are refunded to the customers pro rata to their respective payments.

Refund implies allocation of respective amount as a balance of respective customer in customer’s profile, which can be utlized by the customer during the next booking.

Settlement is carried out by wire transfer.

At the moment of booking, customer will be transferred to the payment page, where customer indicates the debit/credit card requisites. Settlement order is processed and confirmed by the bank.

Gym Breeze has no access to the payment page and the requisites of the bank card indicated by the customer.

In case of successful payment, respective notification is displayed on the screen and the information on booked time slot and other details is shown in the booking section of the customer’s profile.

Gym Breeze retains the right, to limit the customer’s access to the Website or padel courts, in case if the customer violates these T&C or the customer is registed under false name/information, is in the Sanctioned Persons’ List, by its actions and statements causes reputational damage to Gym Breeze or the customer materially violates the padel court Code of Conduct. In such cases, Gym Breeze is allowed to close the access and limit the customer’s profile/access to the court unilaterally by sending respective notification to the customer to the e-mail. In case of such notification, customer should contact Gym Breeze team.

2. In the event of participating in the Padel Tournaments:

On the registration stage, the participant should additionally register 1 (one) coplayer, by submitting the information as required by the registration form.

Please be noted, that 1 (one) participant is allowed to buy no more than 2 (two) Tournament tickets.

Payment is carried out by wire transfer.

Paid Tournament ticket fee is not subject to any refund policy to the participant unless, owing to a technical malfunction of the Jym Breese Website, the user's credit card was charged for the Tournament ticket at a time when the number of participants had been already reached.

After filling out the registration form, the customer will be transferred to the payment page, where customer indicates the debit/credit card requisites.

Gym Breeze has no access to the payment page and the requisites of the bank card indicated by the customer.

In case of successful payment, respective notification is displayed on the payment page.

Gym Breeze retains the right, to limit the Participant’s access to the Website and/or the Tournament, in case if the participant violates these T&C and/or the Tournament Rules or the participant is registed under false name/information, is underage, by its actions and statements causes reputational damage to Gym Breeze or the participant materially violates the padel court conduct rules. In such cases, Gym Breeze is entitled to restrict or terminate such participant’s access to its padel courts within the framework of the Tournament, without refunding any ticket fee.

3. In the event of attending the Padel Group Classes:

To purchase Padel Group Classes, the player is required to pay the total service fee applicable to the full group of 4 (four) players formed.

The Padel Group Classes fee is non-refundable, except in cases where, due to a technical malfunction of the Gym Breeze website, the user's credit card was charged after the Padel Group Classes had reached its full capacity of the players and/or registration period for the Padel Group Classes had already expired.

After filling out the registration form, the customer will be transferred to the payment page, where customer indicates the debit/credit card requisites.

Gym Breeze has no access to the payment page and the requisites of the bank card indicated by the customer.

Gym Breeze retains the right, to limit the player’s access to the Website and/or the Padel Group Classes, in case if the player violates these T&C or the player is registed under false name/information, is evidently underage, by its actions and statements causes reputational damage to Gym Breeze or the player materially violates the padel court conduct rules. In such cases, Gym Breeze is entitled to restrict or terminate such player’s access to its padel courts within the framework of the Padel Group Classes, without refunding any Padel Group Classes fee.

• Game Accessories

In the event of booking and using the Padel Courts, at the moment of booking, in case of respective request, customer rents the game accessories from Gym Breeze in the indicated quantity. In the event of participating in the Padel Tournament and/or attending the Padel Group Classes, the player will be provided with padel accessories for their temporary use (padel rackets, balls, and other equipment necessary for playing padel).

Customer is obligated to return accessory in the same condition, as it was passed by Gym Breeze. In case of damaging or destroying the accessory, customer compensates any and all direct and/or indirect damages to Gym Breeze (including the cost of damaged/destroyed accessory).

Responsibility for compensating damages inflicted to rented accessory is jointly rested upon the co-players. Gym Breeze is not obligated to control or ascertain, who inflicted the damage, the customer or the invitied co-plyaers.

• Within the framework of the use of Padel Courts, the access to The Court(s) and its suspension

Customer’s access to the courts may temporarily be limited, which implies the cases when Gym Breeze is not able to provide access of the customer to the court on booked time slot, as well as the cases, when the game may be suspended in the process. The reasons for the above could be one of the following:

• Bad weather conditions;

• Suspension of services by necessary utility service providers;

• Necessary Works; or

• Any other objective reason beyond Gym Breeze control;

In the above mentioned cases, Gym Breeze refunds the customer the non-utilized time slot. For instance, if two hours time slot is booked and game was commenced and suspended on the second minute of the first time slot, customer will be fully refunded for the second time slot.

Refund implies allocation of respective amount as a balance of respective customer in customer’s profile, which can be utlized by the customer during the next booking.

• Alternation the Dates and Times of the Padel Group Classes and the Padel Tournaments

The dates and times of the Padel Group Classes and/or the Padel Tournaments may be periodically altered by Gym Breeze, at its sole discretion, which shall be resulted from (but not limited to):

• Bad weather conditions;

• Suspension of services by necessary utility service providers;

• Necessary Works; or

• Any other objective reason beyond Gym Breeze control;

In the above mentioned cases, Gym Breeze will offer the player alternative Padel Group Classes dates and times provided these can be rescheduled. However, if the player fails to attend the rescheduled Padel Group Classes, the fee paid for Padel Group Classes will remain non-refundable.

• Change of Court

For the purposes of enabling all customers to the courts operated by Gym Breeze, the latter retains the right to change the booked court number upon booking or upon completion of particular game set. In the latter case, the customer and co-players may be requested to swap the court for the next booked time slot.

• Cancellation

Within the framework of using the Padel Court(s), booking may be cancelled both, by the customer and by Gym Breeze. For the cases where booking is cancelled by Gym Breeze, please refer to „Access to the Court“ Section of this T&C.

Cancellation of a Padel Court reservation by the user may be carried out in accordance with the following rules:

1. The user may cancel the reservation no later than 4 hours prior to the scheduled start time of the reservation.

2. If, at the time of making the reservation, less than 4 hours but more than 30 minutes remain until the scheduled start time, the reservation may be cancelled within 15 minutes from the time the reservation is made.

3. If, at the time of making the reservation, less than 30 minutes but more than 15 minutes remain until the scheduled start time, the reservation may be cancelled no later than 15 minutes prior to the scheduled start time.

In the event of cancellation, the amount paid shall be credited to the user’s profile as a usable balance, which may be applied toward a subsequent reservation.

If the user books a padel court within 15 minutes prior to the scheduled start time, such reservation shall not be subject to cancellation and no refund shall be provided to the user.

• Limitation of Liability

Gym Breeze is not liable for the traumas of the player during the game. Gym Breeze has the first aid toolkit at the court, however, each player, who is traumatized during the game, is recommended to be seen by the doctor.

Gym Breeze is not liable for bad weather conditions or other objective circumstances emerged upon commencement of the game, which are beyond Gym Breeze control. In case of game suspended during the game process, Gym Breeze does not compensate suspended game price, however it does compensate the time slots which have not yet been utilized if the game is interrupted due to the direct and immediate fault of Gym Breeze.

Gym Breeze takes all reasonable measures within its capacities to ensure respective protection mechanisms on the Website, however, it bears no responsibility for the non-sanctioned intrustions/access of the third parties.

Gym Breeze has no access and respectively, bears no responsibility for the non-sanctioned intrustions/access to the bank card requisites at the payment service provider. Furthermore, Gym Breeze shall not be held liable to any third-party for an authorized use of his / her credit / debit card by the Customer for the purposes of purchasing the time slots.

Liability of Gym Breeze is limited with respective fee paid by the customer for the particular service upon the latest invoice issued by Gym Breeze.

• Intellectual Property Rights

This Website, text, graphic, logo, photo-video materials and other design in this Website is owned by Gym Breeze.Gym Breeze represents the exclusive legal user of Gym Breeze trademark. Any kind of illegal usage of intellectual property objects, including but not limited to Gym Breeze and other third parties trademark integrated into this Website, represents IP infringement and violation of law. In case of such infringement, Gym Breeze retains the right to apply to respective legal measures and request compensation of damages (direct and/or indirect) from the infringer, including the costs of legal proceedings.

• Term and Termination

These T&C enter into force in relation with particular customer upon the latter consenting to T&C on the Website and remains in full force until deletion of profile by the customer. Deleting the profile does not release the customer from the obligations raised prior to such deletion.

These T&C can also be terminated in cases provided in these T&C or under the laws of Georgia.

• Applicable Laws and Dispute Resolution Body

These T&C are regulated by the laws of Georgia.

Disputes are examined by the courts of Georgia.

Contact: In case of any question/claim, please address us: 

E-mail: info@gymbreeze.ge

Address: Kostava street N 14, Tbilisi, Georgia, Adjara Group LLC