Welcome to GymBuddy!
The most current version of these Terms can be accessed at any time . Changes to these Terms will be notified via posting on the Platform (or other written notice to you). Please read these Terms carefully before accessing and/or using the Platform and/or gym time .
a) Acceptance of Terms. By accessing and/or using the Platform and/or GymPasses, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Platform or any GymPasses.
b) Amendment of Terms. GymBuddy may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Platform or GymPasses after such posting constitutes your consent to be bound by the Terms, as amended.
c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or the applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. The GymBuddy is hereby incorporated by reference.
2. GymBuddy Platform
a) GymBuddy Platform. The GymBuddy platform enables consumers to purchase a monthly subscription to partnered gyms, fitness studios, hotels, venues or other third parties (collectively, “Venues”). GymBuddy itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, operate or control any of the equipment, facilities or amenities at any of the venues.
b) Membership Options. There are a number of ways to participate in GymBuddy, such as various subscription plans. These options consist of different subscription packages, services and features 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 discretion. From time to time we may permit non-subscribers to access certain gyms, services, content or features for a cost or at no cost.GymBuddy makes no commitment on the quantity, availability, type or frequency at which such GymPasses, services, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
c) Subscription Plans. To enjoy full access to the Platform and GymPasses, you need to sign up for a subscription. A 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. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a “Subscription Cycle”). Your GymBuddy 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 GymBuddy subscription on 20th of october, your subscription will automatically renew on 20th of november (as further explained in “Subscription Cycles,” below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to time. If you add a subscription to your base subscription or 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.
d) Use of allocated GymPasses. Depending on the subscription plan you choose and purchase, you will be allotted gympasses to be used solely to book GymPasses each Subscription Cycle. You can choose how you use your GymPasses across the various GymPasses available to you.
GymPasses expire at the end of each Subscription Cycle, meaning that any GymPasses you don’t use during the applicable Subscription Cycle will not roll over into future months, unless we expressly communicate otherwise.You can find more information about the current rollover policies. You can see how many days you have left in each Subscription Cycle in your account settings. If your subscription is canceled or terminated your unused GymPasses will expire immediately. There will be no refund or payment for any unused amount. When your cycle automatically renews for the next month, you’ll automatically receive your new allotment of GymPasses. If you have any questions about how to use your GymPasses, please contact us and we can help you.
GymPasses have no cash value or any other value outside of the GymBuddy platform and are not redeemable for cash. For avoidance of doubt, the GymPasses do not operate or serve as stored value facilities in any way. You may not transfer, trade, gift or otherwise exchange GymBuddy GymPasses.
e) GymPass Availability and Allocation. The exact number and type of GymPasses you get during any Subscription Cycle will depend on the subscription package you choose. Our partnered venues will allocate a chosen amount of time slots for GymBuddies, all allocated time slots and availability will be within booking page on the GymBuddy app.
GymBuddy does not guarantee the availability of particular Venues, locations, services, experiences, content, inventory, spots or other features, and availability may change over time and at any time (including during the course of any given Subscription Cycle). The type, quantity, GymPasses, allocation and availability of Venues and other inventory offered, are determined by GymBuddy in its sole discretion. GymBuddy takes certain steps to release, promote and otherwise make available spots and inventory at varying times and in an ongoing and evolving way.
f) Non-Subscription Packages. GymBuddy has a free package that allows users access to gymbuddy social media network, this is the white (free) package (link to subscriptions) the user gets all the features of the social network but must get a paid subscription of use any of the partnered venues. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.
g) Use of GymBuddy. Your GymBuddy account is personal to you and you agree not to create more than one account. You cannot transfer or gift GymPasses to third parties or allow third parties to use your GymBuddy account, including other GymBuddy users. You must not use or exploit the Platform and/or GymPasses for commercial purposes. To use your GymBuddy membership you must have access to the Internet. We continually update and test various aspects of the GymBuddy platform. We reserve the right to, and by using our Platform and/or GymPasses you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that GymBuddy may take actions we deem reasonably necessary to prevent fraud and abuse.
You agree that the information you provide to GymBuddy at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users.To use the Platform you must have access to the Internet and will be required to download a GymBuddy mobile application to use GymBuddy features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Platform and GymPasses.
h) Eligibility Criteria. The availability of all or part of our Platform and/or gympasses may be limited based on demographic, age, or other criteria as we may establish from time to time. You understand and agree that we may disallow you from subscribing to GymBuddy or may terminate your subscription at any time based on these criteria. For example, you must be 12+ years of age or older to use this Platform and/or GymPasses and/or to purchase a GymBuddy subscription. You further understand that the Platform and/or GymPasses may not be available in every geography. YET
GymBuddy CURRENTLY OPERATES IN THE UNITED KINGDOM, ACCESS TO OUR Platform IS NOT PERMITTED FROM OTHER JURISDICTIONS. THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE UK. THE Platform IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE Platform BY GymBuddy. BY USING THE Platform, YOU REPRESENT THAT YOU ARE A UNITED KINGDOM RESIDENT, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED. THOSE WHO CHOOSE TO ACCESS THE Platform DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
I) Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
3. Fees, Billing, Cancellation.
a) Recurring Billing. By initiating your GymBuddy subscription, you authorize us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate. Increases in the current rate will be notified to you by e-mail or other notice (such as when you log into your account). You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Platform, such as any applicable sign-up fee, taxes or cancellation or late fees, as further explained below. Note that even if you do not use the subscription or access the Platform and/or GymPasses, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.
b) Subscription Cycle. When you sign up and purchase your GymBuddy membership, your first Subscription Cycle will be billed immediately. Unless we expressly communicated otherwise, your subscription will automatically renew each month and you will be billed on the same date each month (being the date on which you signed up), provided that, where such date does not exist in particular renewal month, your subscription will be deemed to auto-renew on the day immediately following the date of expiry of your current membership cycle. For example, if you signed up on January 31st, your next auto-renew date will be March 1st, and payment will be taken using your Payment Method on (or as soon as practically possible) after that date. All membership auto-renews will continue to take place on the new auto-renew date (i.e., in this example, the 1st of each month). Payment will be taken on the effective date of your auto-renew (a “Renewal Date”), provided that, if we are unable for any reason to take payment on a Renewal Date, we will take payment as soon as practically possible thereafter.
c) Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are nonrefundable, unless we specifically communicate otherwise at the time of purchase. However,we will provide a refund to subscribers for their current prepaid period in the following circumstances: (i) if you are canceling as set forth in Section 3i below or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed conditions, to the extent permitted by law (such class fee charges not to exceed the cost of the subscription itself). WE DO NOT PROVIDE REFUNDS OR MAKE GOODS FOR ANY PRIOR MONTHS INCLUDING FOR UNUSED GymPasses.
d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicated otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the GymBuddy webPlatform or mobile app or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.
e) Payment Methods. You may edit your Payment Method information by logging onto our mobile app and editing it in your account settings. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, , you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Platform or any portion thereof.
f) Cancellation [outside of initial 14-day membership period]. Unless we communicate otherwise, you may terminate your subscription at any time before your subscription renews, by going into your account settings on the GymBuddy platform and letting us know you would like to cancel. Unless we communicate otherwise, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Subscription Cycle, unless you cancel and receive a refund, in which case your access will be terminated immediately. Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to GymBuddy in future months or to restrict your access in future months. .
g) Reservation and Cancellation of GymPasses. As a GymBuddy user you must reserve your GymBuddy gympass only through the platform. It is a breach of these Terms if you reserve or cancel a service directly with a Venue, including through any online or mobile account you have with a Venue, independent of GymBuddy. If you reserve or cancel directly with such Venue, we reserve the right to charge you the full amount that the Venue charges for such class and/or any applicable cancellation fees, and/or to terminate your subscription.
h) RIGHT TO CANCEL WITHIN the 14 DAY OF INITIAL PURCHASE
You have the right to cancel your membership contract within 14 days of your initial sign-up without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us either at your option, by contacting us via the contact form of your decision to cancel this contract by a clear statement. You may use the model cancellation form appended to the end of these Terms at Appendix 1, but it is not obligatory.
The postal address for our registered office is GymBuddy health & Fitness Ltd Castle Farm Barn North, Denmead Road, Southwick, hampshire PO17 6EX .
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract within the 14-day cancellation period, we will reimburse to you all payments received from you unless you have requested to begin your membership during the cancellation period.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount that is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
i) Fees Charged by Venues. In addition to the fees we charge, Venues may also charge equipment or other amenity fees that you will be responsible for directly. For example, some Venues might charge extra to use pool, sauna or other facilities that can be found in the chargeable extra tab within the gym profile page. Further, GymBuddy only gives you access to the GymFloor for which you signed up on the Platform (and at the specified time and location). The Venue may have additional fees for use of additional facilities.
j) Third Party Fees for Using GymBuddy. You are also responsible for all third-party charges and fees associated with connecting to and using the platform and/or GymPasses, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Platform and/or GymPasses.
k) Upgrading/downgrading subscription. In order to upgrade subscription from orange to purple just click on the upgrade subscription popup and you will be upgraded within an hour any remaining orange credits will be forfeited if you upgrade without using remaining credits but 12 new orange credits will be available. To downgrade you will have to cancel membership and restart new subscription.
a) Trials. From time to time we may offer a trial membership that includes access to the GymBuddy platform during the trial period. Trials will have the duration and price communicated at the time you sign up. Unless otherwise communicated, a trial begins at the moment of sign up (even if you choose not to take your first GymPass until a later date) and ends at 11:59pm local time on the last day of the trial (for a one-week trial, this would be the same weekday of following week). Each trial membership automatically will convert to a regular monthly subscription and price unless canceled by 12pm local time on the day before the last day of trial. Customers that cancel and do not convert to a regular subscription may not attend GymPasses taking place after the end of the trial membership period (even if booking occurred before the end of the applicable trial period). Trials, discount offers, and promotions (collectively “Trials”) may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless we expressly communicate otherwise, Trials are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited. You understand and agree that unless we expressly communicated otherwise, Trials are available only to new users that have never had a GymBuddy account before and there is only one Trial permitted per credit card or payment method and it is a violation of these Terms to sign up for a Trial if you have signed up for an account or trial in the past or to have more than one account or trial at the same time. GymBuddy reserves the right, in its absolute discretion, to determine your eligibility for a Trial. If in our discretion we believe you are not eligible for a Trial, we reserve the right to prevent you from signing up for a Trial or to terminate your promotional subscription. If we terminate your Trials because you have violated these Terms, you understand that you will not be eligible for a refund.
b) Refer a Friend. From time to time we may make available certain incentives for GymBuddy users to refer a friend to use GymBuddy. The current terms that apply to referrals can be found.
c) Other Promotions. GymBuddy may offer additional types of offers and promotions which will be subject to additional terms and conditions that GymBuddy may provide.
5. Termination or Modification by GymBuddy
You agree that GymBuddy, in its sole discretion and for any or no reason at any time, may (i) terminate, cancel, deactivate, disable, delete and/or suspend any account, subscription, any orders placed, your access to or use of the Platform, your membership and/or GymPasses(or any part thereof including but not limited to your access to any or all Venues, GymPasses or GymPasses or services) you may have with GymBuddy or use of the Platform and remove and discard all or any part of your account or any content uploaded by you and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Platform including of your subscription. GymBuddy may also in its sole discretion and at any time discontinue providing access to the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform or any account you may have or portion thereof may be effected without prior notice. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Platform. GymBuddy shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are a subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for GymPasses or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, GymPasses and/or the Platform, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that GymBuddy will not be liable to you or any third party for any such termination,You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If GymBuddy deletes your account for these reasons, you may not re-register for or use the Platform and/or GymPasses under any other user name, email, payment method or profile. GymBuddy may block your access to the Platform to prevent re-registration.
7. Prohibited Conduct
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
Harass, threaten, stalk, disrupt or defraud users, members or staff of GymBuddy or Venues or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account without that person’s permission;
Share GymBuddy passwords with any third party or encourage any other user to do so;
Permit anyone to use any GymPasses booked under your own membership, including other members;
Reserve or cancel any GymPass directly with a Venue, rather than through the Platform,
Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Platform;
Misrepresent the source, identity, or content of information transmitted via the Platform, including deleting the copyright or other proprietary rights or notices from any portion of the Platform;
Upload material (e.g. virus) that is damaging to computer systems or data of GymBuddy or users of the Platform or otherwise use the Platform in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Platform;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
Upload or send to Platform users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
Decompile, reverse engineer or disassemble the Platform, in whole or in part, except as may be permitted by applicable law;
Link to, mirror or frame any portion of the Platform;
Cause or launch any program or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform;
Attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform, any features that prevent or restrict use or copying of any content accessible through the Platform, or any features that enforce limitations on the use of the Platform or the content therein;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform;
Modify the Platform in any manner or form, nor to use modified versions of the Platform, including (without limitation) for the purpose of obtaining unauthorized access to the Platform;
Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform;
Use the Platform for or in connection with any purpose that is unlawful or prohibited by these Terms.
GymBuddy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
8. User Submissions
a) General. The Platform provides certain features which enable you and other users to submit, post, and share content, which may include without limitation text, graphic, pictorial and video works, or any other content submitted by you and other users through the Platform (“User Submissions”). GymBuddy does not guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to, share with or make accessible to the Platform. You understand and agree that User Submissions may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of GymBuddy’ platform), including any Venue, may read or have access to your User Submissions. GymBuddy is not responsible for the use or disclosure of any information that you disclose in connection with User Submissions, including any personal information. User Submissions are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, GymBuddy. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not GymBuddy, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Platform.
b) Right to Remove or Edit User Submissions. GymBuddy makes no representations that it will publish or make available on the Platform any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Platform, or to edit or remove any User Submission at any time with or without notice. GymBuddy may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that GymBuddy determines in its sole discretion to violate the standards of this Platform. GymBuddy takes no responsibility and assumes no liability for any User Submissions.
c) License Grant by You to GymBuddy. You retain all of your ownership rights in original aspects of your User Submissions. By submitting User Submissions to GymBuddy, you hereby grant GymBuddy and its affiliates, sublicensees, partners, designees, and assignees of the Platform (collectively, the “GymBuddy Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Platform and GymBuddy’s (and its successors’) business for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Platform (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
d) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying,publishing them or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize GymBuddy to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by GymBuddy and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, GymBuddy’s or any GymBuddy Licensee’s use of such User Submissions pursuant to these Terms, and GymBuddy’s or any of GymBuddy Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate these Terms or any applicable law or regulation, or these Terms ; or (d) exploits minors or (e) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
e) Inaccurate or Offensive User Submissions. You understand that when using the Platform, you may be exposed to User Submissions from a variety of sources and that GymBuddy does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT NEITHER GymBuddy (NOR ANY MEMBER OF THE GymBuddy GROUP OF COMPANIES (WHICH INCLUDES GymBuddy Health & Fitness Ltd. (UK) AND ANY SUBSIDIARY OF SUCH ENTITY), HAS ANY LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.
f) Feedback. If you provide GymBuddy with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Platform (“Feedback”), GymBuddy shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Platform. You hereby grant GymBuddy a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.
g) Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Platform and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GymBuddy may have at law or in equity.
h) GymBuddy Ratings.You may be required to rate your GymPasses and/or other GymBuddy experiences that you reserve.
9. Ownership; Proprietary Rights
The GymBuddy webPlatform and mobile applications are owned and operated by the GymBuddy group of companies. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Platform provided by GymBuddy (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials contained on the Platform are the copyrighted property of GymBuddy or its subsidiaries or affiliated companies and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service.. All trademarks, service marks, and trade names used by us on the Platform are proprietary to GymBuddy or its affiliates and/or third-party licensors. Except as expressly authorized by GymBuddy, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials and may only access the Materials for your personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Materials. All rights not expressly granted in this Agreement are reserved.
10. Third-party Platforms, Products and Services; Links
The Platform may include links to other web Platforms or services (“Linked Platforms”) solely as a convenience to users. GymBuddy does not endorse any such Linked Platforms or the information, material, products, or services contained on other linked Platforms or accessible through other Linked Platforms. Furthermore, GymBuddy makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked Platforms. ACCESS AND USE OF LINKED PlatformS, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED PlatformS OR AVAILABLE THROUGH LINKED PlatformS, IS SOLELY AT YOUR OWN RISK.
Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Platform are solely between you and such third party. YOU AGREE THAT GymBuddy WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTY ON THE Platform.
GymPasses AND ANY OTHER PRODUCTS AND SERVICES MADE AVAILABLE VIA THE Platform ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE Platform ARE PROVIDED BY SUCH THIRD PARTIES), NOT GymBuddy. YOU AGREE THAT YOUR USE OF THE Platform AND ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF ANY GymPasses IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE Platform AND/OR GymPasses.
IN NO EVENT SHALL GymBuddy BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A CLASS, OR PRODUCT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY. GymBuddy PROVIDES ACCESS TO STUDIOS' GymPasses. GymBuddy IS NOT OTHERWISE CONNECTED TO, NOR IS AN AGENT OF ANY THIRD PARTY WITH WHICH A USER HAS MADE A RESERVATION. WITHOUT LIMITING ANYTHING HEREIN, GymBuddy DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY GymPasses, ACTIVITIES, OR OTHER SERVICES OFFERED BY STUDIOS VIA THE Platform.
UNLESS OTHERWISE EXPRESSLY STATED BY GymBuddy, ALL ASPECTS OF OR CONTENT OR FEATURES MADE AVAILABLE THROUGH THE Platform AND/OR GymPasses ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GymBuddy, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, the IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
UNLESS OTHERWISE EXPRESSLY STATED BY GymBuddy, GymBuddy, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE Platform AND /OR ANY CLASSES SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY CLASS OR RECOMMENDATION, (III) THAT THE Platform AND/OR ANY CLASS, OR ANY ASPECT THEREOF,WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (IV) THAT THE Platform, OR ANY ASPECT THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Platform AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Platform OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) REGARDING THE USE OF THE Platform AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Platform IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE Platform IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
YOU UNDERSTAND THAT GymBuddy IS NOT A GYMNASIUM, PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO OR SIMILAR ESTABLISHMENT AND THE GymPasses THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE VENUE AND NOT BY GymBuddy.GymBuddy IS NOT RESPONSIBLE FOR THE QUALITY OF ANY GYM PROVIDED BY A VENUE OR THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE FACILITY, INSTRUCTOR OR CURRICULUM). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE CLASS OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE Platform AND/OR GymPasses ARE RIGHT FOR YOU.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE GymPasses YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING GymBuddy (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLASS), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, 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.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL PRIOR TO USING GymBuddy (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLASS) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE GymPasses IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
YOU ALSO UNDERSTAND AND AGREE THAT THE Platform OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE Platform AND/OR A CLASS IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE Platform AND/OR A CLASS AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE Platform AND/OR A CLASS. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH GymBuddy IS SOLELY AT YOUR OWN RISK.
THE Platform IS CONTINUALLY UNDER DEVELOPMENT AND GymBuddy MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE Platform. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE Platform AND/OR A CLASS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, GymBuddy, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE Platform AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY CLASS) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.
13. Limitation of Liability and Damages
NOTHING IN THESE TERMS (INCLUDING BUT NOT LIMITED TO THE “DISCLAIMERS” ABOVE AND LIMITATIONS OF LIABILITY BELOW) IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT WE MAY HAVE TO YOU BY OPERATION OF APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION. IT IS ACKNOWLEDGED HOWEVER, THAT WE ACCEPT NO LIABILITY FOR THE NEGLIGENCE OF THIRD PARTIES, INCLUDING ANY STUDIO WHERE YOU MAY REDEEM ELIGIBLE GymPasses. ADVICE ABOUT YOUR LEGAL RIGHTS IS AVAILABLE FROM YOUR LOCAL CITIZENS' ADVICE BUREAU OR TRADING STANDARDS OFFICE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GymBuddy OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE Platform, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE Platform, OR ANY OTHER INTERACTIONS WITH GymBuddy, EVEN IF GymBuddy OR A GymBuddy AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GymBuddy’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Venue Waivers and Terms
Members taking GymPasses are deemed to agree to the liability waivers and terms of individual Venues. Your participation in any Class may be subject to addition policies, rules or conditions of the applicable Venue and you understand and agree that you may not be permitted to reserve or attend GymPasses or services if you do not comply with these Terms or the policies of the Venues or as otherwise determined by a Venue. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s webPlatform or contact the Venue directly.
15. Dispute Resolution
Generally, if a dispute arises between GymBuddy and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GymBuddy agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Platform (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against GymBuddy must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.
b) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
e) Entire Agreement. This (including the documents referred to herein), as each may be amended as set forth herein, is the entire agreement between you and GymBuddy relating to the subject matter herein.
f) Disclosures. The services hereunder are offered by GymBuddy Health & fitness Ltd, a limited liability company incorporated and registered in England and Wales with company number 11062587, whose registered office is located at: Castle Farm Barn North, Denmead Road, Southwick, hampshire PO17 6EX ) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
h) Notices. Notices will be sent to you at the email address that you provided to GymBuddy during the registration process. Notices may be sent to us. Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.
I: GymBuddy reserves the right to take down any usernames to avoid social media squatters. Its in our interest to protect our partners registered brand by taking action against anyone impersonating an individual or company.