Terms and Conditions of Use

 

  • Introduction and Material Terms

 

These Terms and Conditions of Use (the “Terms”) are a binding contract between you and Gympass US LLC, a Delaware limited liability company, with a registered address at 490 Broadway, New York NY 10012, USA (“Gympass,” “we” and “us”) governing your use of the Gympass websites, the Gympass software application and, the  fitness business intermediary services provided by Gympass (the “Services”).  PLEASE NOTE THAT BY USING OR ACCESSING OUR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT USE THE SERVICES. 

As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:

  • These Terms incorporate by reference our Privacy Policy, and you expressly agree to its terms.
  • Disputes arising between you and Gympass will be resolved by binding arbitration, as more specifically set forth in the Arbitration Agreement included below, to the maximum extent permitted by law. By accepting these Terms, as provided in greater detail below, you and Gympass are each waiving the right to a trial by jury or to participate in a class action.
  • You consent to automatic renewal of your Subscription (defined below) until you cancel your Subscription.

 

 

  • Will these Terms ever change?

 

We are constantly improving our Services and we may introduce new features or impose limits on certain features, so these Terms may need to change along with the Services. We may suspend or discontinue any part of the Services. As a result, we reserve the right to change the Terms and the Services at any time. 

Any use of the Services after the effective date of the change will constitute your acceptance of such revised Terms. If you find any change to these Terms or the Service unacceptable, then your sole remedy is to stop accessing, and otherwise using, the Service.

 

  • Who can use the Services?

 

Children. We do not knowingly collect or solicit personally identifiable data from children under 16 without parental consent; if you are a child under 16, please do not attempt to register for the Services or send any personal data about yourself to us without the consent of your parent or legal guardian. By accessing or using the Services, you affirm that either you are at least 18 years of age or you have been authorized to use the Services by your parent or legal guardian. If you are a parent or guardian of a minor who has registered for or used the Services without your consent, please contact us at help.me@gympass.com.

 

  • How do I register and access the Services?

 

Description. Gympass provides you with access to a network of gyms, health clubs and fitness entities who have entered into partnership agreements with Gympass (“Gyms”).  Different Gyms are available across geographies and through various program levels. Gym availability is subject to change at any time without notice.  

Registration. If you wish to use the Services, you will be required to register for an account.  In order to sign up for an account, you must provide registration data (including an email address, national tax id number (if you are located outside the EEA) and/or telephone number) and select a password and user name (“Gympass User ID”).  

Access. After registration, you may access the Services by logging in to the website or app with your user name/ password or through a social media account (e.g. Facebook). By accessing the Services through social media, you permit us to access certain data from your social media profile for use by the Services as described during your log-in.  You may control the amount of data that is accessible to us by adjusting the privacy settings within your social media account. By using the Services, you are authorizing us to collect, store, retain and use, in accordance with our Privacy Policy, any and all data that you have permitted the social media service to provide to us. 

Accuracy of information.  You may maintain only one account with Gympass.  You are responsible for providing us with accurate and complete registration data, and to update it as necessary.  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.  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. In the event that any registration data is determined in Gympass’ sole discretion to be incorrect, or that you have otherwise violated these Terms, Gympass reserves the right to suspend or terminate your account (without compensation or reimbursement) or take other measures as may be necessary and appropriate.  

 

  • What are the fees for subscribing?

 

You may access our website and create an account for free.  However, to make use of the facilities or services offered through Gyms, you need to purchase a subscription to the Services (“Subscription”) through the Gympass app or website.    

Services from Gyms. Our website and app include a list of currently available plans, Gyms included in such plans, and the cost of each plan.  Any special conditions related to a specific Gym is stated on the website and app. Gympass reserves the right to add and remove Gyms from available plans and the Services at any time in our sole discretion.  

Free Trials. If your Subscription starts with a free trial period, the duration of which is specified during enrollment, WE WILL BILL YOUR DESIGNATED PAYMENT METHOD FOR THE SUBSCRIPTION FEE AT THE END OF THE FREE TRIAL PERIOD, unless you cancel prior to the end of the free trial period. By providing your payment details when enrolling in the free trial, you agree that Gympass may charge the Subscription fee to your designated payment method upon conclusion of the free trial period. Free trials are only available to first-time subscribers. Gympass reserves the right, in its sole discretion, to determine your free trial eligibility.

Billing. You will be billed through either payroll deduction or by direct debit or credit card (your “Payment Method”). For credit or debit card billing, we use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Gympass account (your “Billing Account”). The processing of such payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to purchase a Subscription, you agree to pay, through the Payment Method, all charges at the prices then in effect for any such Subscription in accordance with the applicable payment terms and you authorize us to charge your chosen Payment Method. We reserve the right to correct any errors or mistakes made in the billing process even if the payment has already been requested or received. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.  Gympass is not responsible for any taxes that may apply to the purchase of Subscriptions or on the goods and services provided by Gyms. YOU MUST PROVIDE UPDATED CURRENT, COMPLETE AND ACCURATE DATA FOR YOUR BILLING ACCOUNT. CHANGES TO SUCH DATA CAN BE MADE IN YOUR ACCOUNT SETTINGS.

Automatic Recurring Billing. By purchasing a Subscription, you agree that, upon expiration of the initial Subscription term, your Subscription will automatically renew for successive periods of the same duration as the initial subscription unless and until you cancel your Subscription. YOU AUTHORIZE GYMPASS TO CHARGE YOUR ACCOUNT USING THE PAYMENT METHOD ON FILE FOR YOU TO PAY FOR ANY RENEWAL SUBSCRIPTION. You will be billed for the same Subscription (or the most similar Subscription, if your prior plan is no longer available) at the then-current applicable Subscription fee plus any applicable taxes. We will process payment for any renewal Subscription using the same billing cycle as your current Subscription. Additional terms and conditions may apply upon renewal, and Subscription fees may change at any time, to the fullest extent permitted under applicable law.

Subscription Cancellation. Unless your employer mandates a different cancellation policy, you may cancel your Subscription at any time by cancelling under your profile/my account/ my plan after which Gympass will not automatically renew your subscription. PLEASE NOTE THAT NO REFUNDS WILL BE ISSUED UPON CANCELLATION.  If you cancel at least 48 hours in advance of your billing date, you will not be charged. Your plan will remain active until the next billing date.  

If you have cancelled your account or modified any data on your account by mistake, contact us immediately at help.me@gympass.com. We will try to help, but unfortunately, we can’t promise that we can recover or restore anything and shall not be liable to you for such accidental cancellation or modifications.

 

  • How do I visit Gyms?

 

After purchasing a Subscription, you can access any Gym included in your Subscription. You will be entitled to a single entrance at one facility per day. You must follow the procedures, policies and usage rules made available to you by the facility. Depending on the type of activity or facility, the following may apply:

  • Classes have a specific duration and often need to be booked in advance
  • Operating hours of the facility may vary 

We recommend that you contact the facility before your first visit or go to the “Gym page” of our website or app.

Accessing the facility. When you arrive at the facility, you will need to check in before you can enter, either through the Gympass app or website, and also comply with any entry prerequisite that the Gym requires such as reviewing and signing a waiver. The facility receptionist will need to confirm your check-in.

Delivery of services. Gympass is responsible solely for electronically delivering a proof of Subscription.  You acknowledge and agree that any Gym services are published on the Gympass website on behalf of the Gyms, and the Gyms are solely responsible for the delivery, quality, quantity, condition, existence, legitimacy, integrity and regulatory compliance of the fitness or health services offered, as well as the accuracy of the Gym’s description of its services and facility on the Gympass website. 

 

  • How do I sign up for classes at Gyms?

 

Booking classes.  In many cases you need to book your classes directly at the Gym’s website, but in some cases, as indicated on the Gym’s partner page on the Gympass system, you can book a class directly through the Gympass website or app. 

 

  • Is there a fee for canceling a class after I booked it?

 

The booking and class cancellation policies, which are set by each individual Gym and may vary by Gym and location, will be specified in the Gym’s page on the Gympass website.

Early cancellation. There is no penalty for early cancellation of a class booking provided that you comply with the Gym’s cancellation policy.

Late cancellation/No Show. Late cancellation is cancellation of a class after the allowable cancellation period specified by the Gym.  No show is failure to appear for a booked class. Both late cancellation and no show will forfeit your check-in at any Gym for that day. FEES MAY BE CHARGED FOR LATE CANCELLATION OR FAILURE TO SHOW.  FEES VARY, BUT WILL BE DISCLOSED AT POINT OF PURCHASE FOR ANY CLASS BOOKING.  

 

  • How can I invite my Family Members to join Gympass?  

 

If you have an active Subscription, you can add a qualifying Family Member (your spouse/life partner or dependent child). A qualifying Family Member will also register for a Gympass account.  You must pay the fees for a Family Member’s Subscription through your Payment Method. These Terms and the Gympass Privacy Policy apply to any account created by a qualifying Family Member.

 

  • What restrictions do I have in using the Services?

 

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, submissions by you (“User Submissions”), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of any third party or Gympass;
  • Violates any law or regulation;
  • Is abusive, fraudulent, deceptive, threatening, defamatory, obscene, hateful, inaccurate, libelous, pornographic, or otherwise objectionable as determined by Gympass in its sole discretion (collectively, “Objectionable Content”);
  • Jeopardizes the security of any  Gympass account (such as allowing someone else to use your log-in credentials to access the Services), violates the security of any computer network, or cracks any password or security encryption code;
  • Runs Mail-list, Listserv, any form of auto-responder or “spam” on the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” or otherwise collects any page, data, or portion of the Services or Content (whether through manual or automated means);
  • Copies or stores any portion of the Content;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or data of or relating to the Services.

Gympass is free to terminate (or suspend access to) your use of the Services and/ or your account for any reason, in its discretion, to the fullest extent permitted under applicable law, including your breach of these Terms or a violation of any of the foregoing. Gympass, in its sole discretion, may take any actions it deems necessary and/or appropriate against any User who posts Objectionable Content on the Services.

 

  • Who is responsible for what I see and do on the Services?

 

Any data or content publicly posted or privately transmitted by you or any user 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 cannot guarantee the identity of any users you may interact with through the Services.  Gympass is not liable for any errors or omissions in such content, misrepresentations by other users, or for any damages or loss you might suffer in connection with such content or interactions.  

The Services may contain links or connections to third party websites or services that are not owned or controlled by Gympass. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Gympass is not responsible for any third-party content or services.

Your interactions with organizations and/or individuals 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 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.

You understand that Gympass owns the Services. You shall 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.  Gympass hereby grants you a personal, limited, revocable, non-transferable license to access and use the Services solely for your personal, non-commercial use. Gympass reserves all rights not expressly granted to you.

For the Content displayed or performed or available on or through the Services is you promise to abide by all copyright notices, trademark rules, data regulations, and restrictions contained in any Content you access through the Services, and you agree not to 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.

The provisions set-forth in this Section XI do not intend to limit the liability of Gympass in circumstances in which the applicable law of a User’s home country or state prevents Gympass from limiting such liability. 

 

  • Do I need to grant any licenses to Gympass or to other users?

 

Anything you post, upload, share, store, or otherwise provide on or through the Services (including, but not limited to pictures, ratings, reviews and other content to be shown on the Gympass website) is “User Content.” While you retain ownership of any rights you may have in your User Content, you hereby grant Gympass a perpetual, unrestricted, assignable, sublicensable, irrevocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, make available, create derivative works from, and otherwise exploit and use (collectively, “ Use”) all or any part of all User Content  for the purposes of (i) advertising, marketing, and promoting Gympass and the Services; (ii) displaying and sharing your User Content to other users of the Services; and (iii) providing the Services. You further grant Gympass a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. 

You represent and warrant that: (i) you own the User Content or otherwise have the right to grant the license set forth herein; (ii) the use of your User Content by you on or through the Services does not violate the applicable law, privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the posting of your User Content on the Services will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (iv) the posting of your User Content by you on or through the Services does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of your posting your User Content on the Services.

 

  • What else do I need to know?

 

Warranty Disclaimer. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, neither Gympass nor its licensors, suppliers or Gym partners 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 make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY GYMPASS 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 COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Waiver and Release. GYMPASS MAY ASSIST IN ARRANGING SERVICES WITH A GYM, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT GYMPASS IS NOT A HEALTH CLUB OR EXERCISE GYM. GYMPASS DOES NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY FACILITY OF A GYM AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM, OR IN ANY WAY RELATED TO, THE FACILITY OF A GYM. YOU ACKNOWLEDGE THAT GYMPASS DOES NOT MONITOR THE FACILITIES OR EQUIPMENT OF ANY GYM, NOR MONITOR ITS ONGOING COMPLIANCE WITH ANY AND ALL RULES OR REGULATIONS, AND GYMPASS WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIM, OR DAMAGE ARISING FROM OR, IN ANY WAY RELATED TO, A GYM’S FAILURE TO MAINTAIN ANY REQUIRED LICENSE ANY/ OR PERMIT. GYMPASS WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND A GYM. GYMPASS WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY RELEASE WAIVE AND RELEASE GYMPASS FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICES.THE QUALITY OF THE FACILITY AND/ OR CLASS SCHEDULED OR BOOKED THROUGH THE SERVICES IS ENTIRELY THE REPONSIBILITY OF THE THIRD PARTY PROVIDER THAT ULTIMATELY PROVIDES ITS SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO RISK OR CONTENT THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE, OR OTHERWISE OBJECTIONABLE AND THAT YOU USE OUR SERVICES AT YOUR OWN RISK.

YOU ACKNOWLEDGE THAT ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENATIVES, AND/ OR ASSIGNS, THAT THERE ARE INHERENT RISKS AND DANGERS IN EXERCISE ACTIVITIES. BY BOOKING, ATTENDING AND PARTICIPATING IN THE SERVICES AT THE FACILITIES OF GYM PARTNERS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF THE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.

Limitation of Liability. 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 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) $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 AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the extent permitted by applicable law, you agree to indemnify and hold Gympass, its affiliates, officers, agents, and employees, 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 (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Gympass’ prior written consent. We may transfer, assign, or delegate these Terms and any, or all, of our rights and obligations under these Terms without your consent, provided that you may rescind the assignment if you object to the transfer unless the assignment is due to a merger or acquisition of Gympass.

Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and any terms regarding disputes between us, including without limitation the Arbitration Agreement (as defined below).

Choice of Law. Except as otherwise set forth in these Terms, you agree that the law of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Gympass. 

 

  • Copyright Infringement

 

Repeat Infringer Policy. Our intellectual property policy is to (i) remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Services; and (ii) remove any User Content uploaded to the Services by repeat infringers. We consider a “repeat infringer” to be any user that has uploaded User Content to or through the Services and for whom we have received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. We have discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon our own sole determination.

Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by us with the user alleged to have infringed a right you own or control, and you hereby consent to us making such disclosure. Your communication must include substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; (ii) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works; (iii) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Designated Agent Contact Information. Our designated agent for receipt of Notifications of Claimed Infringement (the “ Designated Agent”) can be contacted at: help.me@gympass.com or  Gympass – 490 Broadway, New York, NY 10012, ATTN: Legal.

Counter Notification. If you receive a notification from us that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide us with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to our Designated Agent through one of the methods identified above and include substantially the following information: (i) A physical or electronic signature of the subscriber; (ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, then for any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided notification under Section 10 above or an agent of such person.

Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to us in response to a Notification of Claimed Infringement, then we will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that we will replace the removed User Content or cease disabling access to it in 10 business days, and we will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless our Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on our system or network.

False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:

[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Gympass] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f).

We reserve the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

 

  • Arbitration Agreement for Users in the United States 

 

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Gympass and limits the manner in which you can seek relief from us. Both you and Gympass acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Gympass’ officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

(b) Small Claims Court. Furthermore, either you or Gympass may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work.

(c) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.

(d) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: help.me@gympass.com postmarked within 30 days of first accepting these Terms. You must include (i) your name and residence address; (ii) the email address and/or telephone number associated with your account; and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(e) Exclusive Venue. If you send the opt-out notice in (d), and/or in any circumstances where the foregoing arbitration agreement permits either you or Gympass to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and Gympass agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, and you and Gympass consent to personal jurisdiction in those courts.

 

  • Users Outside the United States

 

If you live in Latin America (including Argentina, Chile, or Mexico, but excluding Brazil) or in the European Economic Area (including the United Kingdom), the laws and courts of your country of residence will apply to any disputes arising out of or relating to these Terms or Gympass’ Services, and you can bring legal proceedings in your local courts. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.  

For users in the European Economic Area (including the United Kingdom), you have the right to withdraw from your Subscription within 14 days after your purchase without giving any reason. We will refund your full payment (if made), as long as you have not used any Gym during those 14 days. To meet the withdrawal deadline, you must send us your cancellation request before the withdrawal period has expired. 

 

  • Contact Us

 

For questions or concerns, contact help.me@gympass.com or +1 (844) 478-4744.

Last Modified: October 7, 2019



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