Gymonkee Terms of Use

Last Updated: 4/10/2019

Terms

IMPORTANT NOTICE: READ THESE TERMS OF USE CAREFULLY. THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU.

Agreement to Terms

This terms of use agreement (these “Terms”) constitutes a legally binding contract between Gymonkee, LLC (“Gymonkee,” “we,” “us”) and you (“You” and “User”), with respect to your use of all properties, including Gymonkee.com, Gymonkee apps, and other Gymonkee-related sites, apps, communications and other services that are offered, owned or operated by Gymonkee and our affiliates (collectively, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, including any updates posted here or otherwise communicated to you. If you do not agree to the Terms and Privacy Policy, please do not use the Services.

Changes

We reserve the right to modify these Terms and our Privacy Policy at any time by posting a revised version, the date of which is the “Last Updated” date first listed above. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.

Our Privacy Policy

Our Privacy Policy, which describes how we collect and use information from our users, is available at https://Gymonkee.com/privacy/, as well as through the link titled “Privacy” on our homepage and other locations within the Properties.

Your Obligations

Eligibility and Consent

To use the Services, you agree that you are at least 16 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.

User Account

Account registration is required for Users to receive or use the Services. When you open, or confirm an account, you will be required provide us with personal information, which may include, without limitation, your name, mailing address, e-mail address, mobile phone number, and a photograph. In addition, you agree to the following:

  • You agree to keep your account information complete, accurate and current at all times.

  • You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account.

  • You agree you won’t disclose your password to anyone and you’ll notify us immediately of any unauthorized use of your account.

  • You will not provide any false personal information, or create an account for anyone other than yourself without permission.

  • You will not create more than one personal account.

  • You are responsible for all content you share as part of using the Services and assume all risks associated with such sharing.

  • You agree to review the available options for your user account settings when you register your user account and make any desired changes to default account settings before using the Services. You also agree to update your user account settings if your account settings preferences change.

Your Rights and Limitations

Limited License to Gymonkee

Subject to your compliance with these Terms, we hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable, and non-sub licensable right to access and use the Services for your personal and informational use only.

Your License to Gymonkee

You own the content and information you submit and post to the Services, and you grant Gymonkee and our affiliates a non-exclusive, worldwide, transferable, and sub-licensable right to use, copy, modify, distribute, publish, and process, the information and content you provide through our Services, without any additional consent, notice, or compensation to you. You can end the license deleting content you previously posted to the Services or by deleting your account, except to the extent you shared content with others and taking into account reasonable time for Gymonkee to remove content from backup systems. If you submit suggestions or other feedback regarding our Services to Gymonkee, you agree that we have the irrevocable right to use and/or share such feedback for any purpose without compensation to you.

Limits

Gymonkee reserves the right to limit your use of the Services. Gymonkee reserves the right to restrict, suspend, or terminate your account if Gymonkee believes that you may be in breach of these Terms.

Availability

Gymonkee may change or abandon any of its Services at any time without notice.  We don’t promise to store or display any information or content that you have shared. We have no obligation to store, maintain, or provide a copy of any content or information except as required by applicable law.

Our Services Protected

The Services, including all materials and information, and the selection, arrangement, and composition of such information (“Materials”) are proprietary property of Gymonkee, its suppliers, and licensors and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter, or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.

Third-Party Intellectual Property

All non-Gymonkee trademarks, product names and logos appearing on our Services are property of their respective owners. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third Party Materials”). These Third-Party Materials are not owned or controlled by Gymonkee. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship, or recommendation by Gymonkee. Third Party Materials may be subject to their own privacy policies and terms of use that explain and govern your use of those Third-Party Materials.

Accuracy of Information

Gymonkee makes no representation or warranty about the accuracy or suitability of the information submitted by Users or other information displayed on the Properties or provided through the Services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Properties, when we are notified or otherwise become aware of such inaccuracy.

Communications

By providing your information or creating an account, you agree that Gymonkee may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Gymonkee account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by at any time.

Gymonkee Services, Fees, and Payment

Gymonkee Platform

The Gymonkee platform enables you to reserve, schedule, purchase, access and attend a variety of gym and fitness classes offered and operated by various gyms, fitness centers, venues or other third parties (each a “Gym” and collectively, “Gyms”). Gymonkee itself is not a gym, facility, or physical location where fitness activities are held, and does not own, operate or control any of the Gyms that are offered through our Services.

Conduct and Waivers

By using the Gymonkee Services, you agree to follow the rules, policies, and procedures of Gymonkee and any of the gyms you visit while using the Services. Gyms often have their own waivers that you will have to sign in order to gain access to such Gym, and you agree to sign such waivers as part of accessing a particular Gym. If you do not follow any rules, policies, and procedures, any Gym may immediately terminate your right to have continued access to such location.

Membership Options

Gymonkee offers multiple ways to use the Services, such as various subscription plans, promotional plans, and pay-as-you-go purchase options. Different options consist of different benefits and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our sole discretion. Gymonkee makes no commitment on the quantity, availability, type or frequency at which such Gyms will be available to and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.

Subscription Plans

Gymonkee offers two different monthly subscription options to accommodate users who visit Gyms with different frequencies. Each subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Each billing cycle is one month in length. Please note that your Gymonkee subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your Gymonkee subscription on May 1, your subscription will automatically renew on June 1. You must provide us with a current, valid, accepted method of payment. We may update the accepted methods from time to times. If you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until canceled or terminated.

Coins

Depending on the plan you choose, you will receive specific number of coins you can use to book visits to the Gyms available on Gymonkee. You can choose how you use your coins across the various Gyms available to you. If you choose a subscription, when your cycle automatically renews for the next month, you’ll automatically receive additional Coins as specified by your chosen subscription option. For subscription plans, Coins do not roll over which means that any unused Coins expire at the end of each billing cycle. You will be limited to a maximum of 300 “Pay As You Go” coins. Unused “Pay As You Go” coins do not have an expiration date.

Coins have no cash value or any other value outside of the Gymonkee platform and are not redeemable for cash. However, you may share Coins with other Gymonkee users.

Gym Availability and Allocation

The number of coins needed to book a visit to a particular Gym will vary and is determined based on a variety of factors, including but not limited to Gym requirements, time of day, equipment, facilities, location, pricing, popularity and other characteristics. Note that coins needed to book Gyms may also vary from city to city. The number of coins you need to access a Gym may change at any time or vary day to day depending on the factors described here as well as other unenumerated factors. Gymonkee also reserves the right to change the number of Coins you receive with its various membership options.

Gymonkee does not guarantee the availability of specific Gyms, and availability may change over time and at any time. The type, quantity, Coins, allocation and availability of Gyms, are determined by Gymonkee in its sole discretion.

Fees

Gymonkee will adjust its fees from time to time. We will inform you in advance of the next billing cycle for fee changes by posting on the Gymonkee Services, through email, or other means. If you do not cancel your subscription, you will be deemed to have accepted the new fees.

Payment Processing

Payment processing services are provided by Stripe. Payment processing services provided by Stripe are subject to Stripe’s then-current terms of use and privacy policy. By agreeing to these terms, you agree to be bound by Stripe’s then-current terms of use and privacy policy, as the same may be modified by Stripe from time to time.

Recurring Payments

By initiating a Gymonkee subscription, you authorize us to charge you for your initial subscription period and a recurring monthly subscription fee at the then-current rate, which may change from time to time. Please keep in mind that even if you do not use the subscription or access the Services or any Gyms, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.

Cancellation

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by Gymonkee to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY GYMONKEE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of coins by other than electronic means.

Disputes, Aribtration, and Limitation of Liability

Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or Gymonkee exclusively in the U.S. District Court for the Western District of North Carolina or a state court located in Mecklenburg County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of North Carolina will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

Indemnification

You agree to release, defend, indemnify, and hold Gymonkee and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

Binding Arbitration

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR THE PROPERTIES OR ANY RELATIONSHIP BETWEEN US (ANY OF THESE, A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single, independent, and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Mecklenburg County, North Carolina. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

Class Action Waiver

ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MECKLENBURG COUNTY, NORTH CAROLINA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

Notwithstanding anything to the contrary, you and Gymonkee may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER GYMONKEE NOR ANY OTHER PARTY INVOLVED IN THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GYMONKEE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SERVICES; OR (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF GYMONKEE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO GYMONKEE BY YOU ACCORDING TO THE TERMS, OR ONE HUNDRED US DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE.

Termination

Both you and Gymonkee may terminate these Terms at any time with notice to the other party. Upon termination, you lose the right to access or use of the Services.

Miscellaneous Terms

These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Gymonkee’s prior written consent, but may be assigned by Gymonkee without restriction and without notice to you.

These Terms constitute the entire agreement between you and Gymonkee concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Gymonkee with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Gymonkee’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that result in a change the current Services shall be subject to these Terms.

Neither these Terms nor the Privacy Policy create any right of action on the part of any third party, except for the Gymonkee Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.

Contact Us

If you have questions about these Terms, please contact us by email at info@gymonkee.com.