Effective: 28 February 2019
GymPass B.V. is a private limited liability company registered with the Dutch Chamber of Commerce under number 63430975. Gympass' registered address is at de Entrée 99, 15th floor 1101 HE Amsterdam, Netherlands. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@Gympass.com, +44 (0) 20 3868 7759, 1st Floor, WeWork, 115 Mare St. London, E8 4RU.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Table of Contents:
“Content” means materials displayed, performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Content, and so forth;
“Daily Token” means a number, valid for the day, issued by the Gympass’ system upon request by the User. The User shall present this number to the Gym for Validation;
“GymCARD” or “Plan” instrument offered to the User by Gympass in its own name and for its own account that will be accepted by the Gym as consideration for their Gym Services;
“Gympass” GYMPASS B.V.;
“Promotion Services” the service provided by Gympass to the Gym: distributing and promoting GymCARD;
“Gym” means the (legal) person that has a partnership agreement with Gympass to provide Gym Services to Users upon acceptance of the GymCARD;
“Gym Services” means the sporting services and physical activities offered by a Gym to the User, under the terms of a partnership agreement;
“Services” means the business services offered by Gympass, through the GymCARD;
“Terms” means these terms and conditions of use of Gympass;
“User Content” means anything you post, upload, share, store, or otherwise provide through the Services (including, but not limited to pictures, ratings, reviews and other content to be shown on the Website);
“Users” means persons that make use of the Gym Services;
“Validation” means the validation by the Gym of the visit of a User in Gympass’ system, which can be done by approving a User’s online check in through the Gympass system or (only applies to selected group of Gyms) by inputting the GymCARD’s respective Daily Token in Gympass’ system;
“Website” the website www.Gympass.com, Gympass App, mobile applications or any other communication channels used by Gympass to promote and inform Users about a Gym.
“Gympass App” means the software application and related services provided by us to you;
Your use of our Services constitutes a binding contract between you and Gympass (“Gympass,” “we” and “us”). If you do not agree to the Agreement, you may not access or use the Services. Your use of the Services will constitute your consent to be bound by the Agreement and the Agreement will remain in effect while you use the Services.
NOTICE: Please read these Terms and the rest of the Agreement carefully. They contain important information regarding the Services provided to you and any charges or amounts we bill you. They include data about future changes to the Agreement, automatic renewals, limitations of liability and resolution of disputes.
We are constantly trying to improve our Services. As a result we may need to amend the Agreement related to the Services. Therefore we reserve the right to change the terms of the Agreement at any time. We will provide you with a notice of any such change, either via the Website or by some other means.
If you do not agree with the new terms of the Agreement, you are free to reject them and you should not begin or continue use of the Gympass Website or the Services. If you decide to use the Services after any changes to any part of the Agreement have been posted, you are deemed to have accepted such changes.
We do not knowingly collect or solicit personal data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any personal data about yourself to us, but rely on a parent or a legal guardian to assist you. If we learn that we have collected personal data from a child under age 16, we will delete that data as quickly as possible. If you believe that a child under 16 may have provided us personal data, please contact us at support@Gympass.com.
Gympass enables the Users to purchase GymCARD through the Gympass Website, which will be accepted by the Gym as consideration for the Gym Services. In addition, Gympass provides Promotion Services to Gyms that offer Gym Services to Users. You acknowledge that Gympass does not supply (any kind of) Gym Services in its own name and that your ability to obtain access to the Gym through the use of the GymCARD does not establish Gympass as a provider of Gym Services, and/or other facilities intended for physical activity use.
6.1 Create your account
You can create your account for free through the Gympass App or Website (www.gympass.com). We may ask you to fill in a verification key, so that we can identify your employer. This could be your corporate email, employee number or any other identification number. In case you do not know your verification key, please contact your HR department.
You may only hold one account on the Website. You promise to provide us with accurate and complete registration data and agree to update all registration data whenever any such data changes. Gympass reserves the right to validate your registration data at any time and may request any additional data and documents that Gympass deems relevant in order to verify your registration data.
In the event that any registration data is found to be incorrect or untrue, Gympass reserves the right to suspend or terminate a User’s account (without compensation or reimbursement) or take other measures as may be necessary and appropriate. You may not select as your Gympass User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer, sell or rent your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, that you received your parent’s or guardian’s permission to use the Services and that your parent or guardian has agreed to these Terms on your behalf).
If you are agreeing to the Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to the Agreement on that organization or entity’s behalf and bind them to the Agreement (in which case, the references to “you” and “your” in the Agreement, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We are not responsible for your use of the Services in a way that violates applicable legislation.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account. You agree to immediately notify Gympass in the event of any unauthorized use of your account.
6.2 Purchase your GymCARD
After you have created an account, you can check out the type of GymCARDs that are available. Each GymCARD gives you access to a selection of Gyms, depending on the price of the GymCARD. Sometimes we may also refer to a GymCARD as Plan.
In order to select a GymCARD, click on “Sign up” and choose your payment method. You can purchase the GymCARD via credit card or any other payment method offered. Although the legal relationship will always be between us and you, we may also offer payroll as a payment method.
If you choose payroll, you will pay for your GymCARD by allowing your employer to deduct the GymCARD fee directly from your pay. In this case you will be requested to accept a standard contract in which you agree to this payment method. In some cases, your employer will first need to verify whether they can support this payment method. If applicable, you will see the message "standard contract approval”.
Please note that Gympass will take care of the payments through our Gympass platform for your access to the Gyms that are included in your GymCARD. Any additional services not included in your GymCARD should be paid by you to the Gym directly.
After finalizing your purchase, you will receive an email confirming the activation of your GymCARD.
6.3 Gym Restrictions
After receiving the confirmation email, you can access any Gym included in your GymCARD. With your GymCARD, you will be entitled to a single entrance at one Gym per day. Here's how to check-in to get access to the facilities of the Gym.
You must follow the procedures, policies and usage rules made available to you by the Gym. Depending on the type of activity or Gym, the following restriction may e.g. apply:
We recommend that you contact the Gym before your first visit in order to verify which requirements apply. You can also go to the ‘Gym page’ of our Website.
6.4 Accessing the Gym
When you arrive at the Gym, you will need to check-in before you can enter.
You can check-in online through the Gympass App or the Website. The receptionist of the Gym will need to Validate your check-in. At some Gyms, you can also get access by showing the Daily Token (on your mobile phone or just written) to the receptionist of the Gym.
Once you are Validated, you can start your workout.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Content or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your account, GymCARD (subscription) and your right to use or access the Services.
Additionally, the name “Gympass”, the Website and the programs, databases, networks and files that enable you to access the Services are the property of Gympass and Gympass holds all rights thereto. The misuse or total or partial reproduction of our name or other intellectual property rights relating to the Services is prohibited without the express permission of Gympass.
7. Your Rights
Gympass holds all rights to the Content. You promise to abide by all copyright notices, trademark rules, data, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Gympass’) rights.
You understand that Gympass owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, does not mean that all the restrictions above do not apply – they do!
For all User Content, you hereby grant Gympass a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Content, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Content is not affected.
If you store User Content in your own personal Gympass account, in a manner that is not viewable by any other User except you (“Personal User Content”), you grant Gympass the license above, as well as a license to display, perform, and distribute your Personal User Content for the sole purpose of making that Personal User Content accessible to you and providing the Services necessary to do so.
If you share User Content only in a manner that only certain specified Users can view (for example, Facebook publications to one or more other users) (“Limited Audience User Content”), then you grant Gympass the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Content for the sole purpose of making that Limited Audience User Content accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified Users a license to access that Limited Audience User Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share User Content publicly on the Services and/or in a manner that more than just you or certain specified Users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Content”), then you grant Gympass the licenses above, as well as a license to display, perform, and distribute your Public User Content for the purpose of making that Public User Content accessible to all Gympass Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Content in connection with the Services for any purpose, provided that Gympass will notify you if it uses your Public User Content for any reason other than displaying it on the Services. Also, you grant all other Users of the Services a license to access that Public User Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.
Finally, you understand and agree that Gympass, in performing the required technical steps to provide the Services to our Users (including you), may need to make changes to your User Content to conform and adapt that User Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Gympass, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights protected by laws and international copyright treaties, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; To learn more about the DMCA, click here.
Any data or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such data and Content at your own risk. Gympass is not liable for any errors or omissions in that data or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any Users with whom you interact in using the Services and are not responsible for which Users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. When contributing any Content, you represent and warrant that you: (i) have all necessary licenses, authorizations, and rights to use all intellectual property to make such contribution, (ii) have obtained all consents required to make such contribution (if applicable), (iii) have registered the Content with the appropriate agencies (if applicable), and (iv) will include all necessary credits for the preservation of the moral rights of copyright holders (if applicable). You will keep all your registration data accurate and current. You are responsible for all your activity in connection with the Services.
Gympass has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Gympass will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals (including Gyms) found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Gympass shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Additionally, you acknowledge and agree that in connection with the Services, you have voluntarily used Gym Services at the facilities of the Gyms. You may stop using these Gym Services at any time, in your sole discretion. You acknowledge that it is your sole responsibility to consult with your personal health care provider regarding any medical condition that may prevent or limit your participation in sports activities at the facilities of the Gyms, and you are solely responsible for abiding by your personal health care provider’s recommendations as to any medical restrictions on your participation in sports activities. You acknowledge and agree that you are aware of the risks and hazards associated with your use of Gym Services and you voluntarily assume all risk of loss, damage or injury to person or property that may arise from your use of Gym Services, whether such risk is known or unknown to you.
If there is a dispute between Users on the Website, or between Users and any third party (for example an Gym), you agree that Gympass is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release Gympass, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. Finally, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of the Agreement), in our sole discretion, and without notice.
You may access our Gympass Website and create a personalized account for free. However, Users who wish to make use of the Gym Services offered by our Gyms are required to purchase GymCARD.
You may have an agreement to monthly receive a GymCARD – valid for 1 month each time (a ‘GymCARD subscription’). As further described below, your GymCARD subscription will continue to be valid until terminated, which can be easily done through your account settings.
Your GymCARD will be valid for the duration of one month after the date of purchase. If you opted for a GymCARD subscription, your GymCARD will be automatically renewed for equal and successive periods of one month ("Validity Period"). The GymCARD will be charged in each new Validity Period, at the then current non-promotional rate. If you cancel your GymCARD, it will remain active until the end of the Validity Period. In the meantime, you still have access to the Gyms.
Access to Gyms
Users who purchase GymCARD shall be entitled to access a specific group of Gyms as indicated on the Website for the duration of the Validity Period. The GymCARD enables Users to make one Gym visit (Validation) per day. Gyms in a category of the GymCARD to whom Users have access and who are included in the GymCARD may change at any time without notice.
Some Gyms allow for a limited amount of weekly and/or monthly visits at the same Gym or are subject to visiting hours. If these restrictions apply, they will be specified on the Gym page of our Website.
Right to withdraw
You have the right to withdraw from your GymCARD within 14 days after your purchase without giving any reason. The withdrawal period will expire after 14 days from the day you purchased your GymCARD. Gympass will refund your full payment (if made), as long as you have not used any Gyms within those 14 days. To meet the withdrawal deadline, it is sufficient for you to send us your cancellation request online though “My account”, before the withdrawal period has expired.
Suspend your GymCARD subscription
Users who opted for a GymCARD subscription, can temporarily suspend their GymCARD, subscription by sending an email to email@example.com.
The suspension is not available during the first (free) trial month. A GymCARD subscription can be suspended for a minimum period of fifteen (15) days up to a maximum of three (3) months. If you request a suspension of your GymCARD subscription, we will automatically suspend the GymCARD subscription at the end of your current Validity Period, effective as of the next month.
If you want to reactivate or cancel your GymCARD subscription during the suspension period, please contact the customer service team.
Upgrade, downgrade or cancel my GymCARD subscription
To upgrade, downgrade or cancel your GymCARD subscription, simply activate this online by going to “My Plan” and “Change or Cancel my Plan”.
Already suspended or downgraded once? Then your next online downgrade or suspension will be possible after six (6) months after the end of the previous suspension or downgrade. If you want to suspend or downgrade your GymCARD subscription more often, you can contact our customer service and they will assist you.
Termination without Cause
You are free to cancel your GymCARD subscription at any time, by contacting us at support@Gympass.com, upon written notice or through your account. Users may request cancellation at any time after purchase of GymCARD. If a Gym Service has been Used by the User, Gympass will not provide any refund of payments for the GymCARD, unless the right to withdraw applies.
Termination by Gympass
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of the Agreement or if your employer no longer has an agreement with Gympass. Gympass has the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement. If allowed under mandatory applicable law, you may provide evidence to the contrary.
If you have cancelled your account or modified any data on your account by mistake, contact us immediately at support@Gympass.com – we will try to help, but we can not promise that we can recover or restore anything.
If you terminate your GymCARD subscription, you may use your GymCARD until the end of your then-current Validity period. However, you will not be eligible for a pro rata refund of any portion of the subscription fee paid for the then-current Validity period. Your GymCARD cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Gympass will not refund any amounts that you have already paid.
Termination of your GymCARD subscription will result in deletion of any Content associated with your account, so keep that in mind before you decide to terminate your GymCARD subscription. We will try to provide advance notice to you prior to our terminating your GymCARD subscription so that you are able to retrieve any important User Content you may have stored in your account (to the extent allowed by law and this Agreement), but we may not do so if we determine it would be illegal.
Provisions that, by their nature, should survive termination of the Agreement shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Neither Gympass nor its licensors, suppliers or Gyms make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors, suppliers and Gym) make no representations or warranties regarding suggestions or recommendations of services or Gym Services offered or purchased through the Services. Gym Services and Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Gympass or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific Gym Service). THE SERVICES AND CONTENT ARE PROVIDED BY GYMPASS (AND ITS LICENSORS, SUPPLIERS AND GYMS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GYMPASS (OR ITS LICENSORS, SUPPLIERS OR GYMS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) Euro 100 OR (II) THE AMOUNTS PAID BY YOU TO GYMPASS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the extent permitted by applicable law, you agree to indemnify and hold Gympass, its affiliates, officers, agents, employees, and Gyms harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services or Gym Services (including any actions taken by a third party using your account), and (b) your violation of this Agreement.
You may not assign, delegate or transfer the Agreement or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Gympass’ prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations, provided that (i) you may rescind the Agreement if you object to the transfer or (ii) such transfer is due to a merger or acquisition of Gympass.
Jurisdiction, Applicable Law and Courts
The Agreement is governed by the laws of England and Wales. All disputes relating to the Agreement will be submitted to the competent English court of the place of residence of the User.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Gympass may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Waivers must be done explicitly and in writing.
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that the Agreement shall otherwise remain in full force and effect and enforceable.
You and Gympass agree that the Agreement is the complete and exclusive statement of the mutual understanding between you and Gympass, and that the Agreement supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter hereof.
You hereby acknowledge and agree that you are not an employee, agent, Gym, or joint venture of Gympass, and you do not have any authority of any kind to bind Gympass in any respect whatsoever.