Introduction

 

  • Agreement

 

These Terms of Service (these “Terms”) establish the terms and conditions that govern your access to and use of our websites and mobile applications, including any content or information provided as part of these services (collectively referred to herein as the “Services”).   

By accessing, browsing, downloading, using or registering for our Services, you are accepting and agreeing to be bound by these Terms and our Privacy Policy (insert link here), and you are entering into a legally binding agreement with Jackovics Enterprises, Inc., and the family of companies operating under the FITNESS SF brand (collectively referred to herein as “FITNESS SF,” “we,” or “us”).

 

Obligations

 

  • Eligibility

 

To use the Services, you must be (a) eighteen (18) years of age or older; or (b) at least fourteen (14) years of age and using the Services with the prior written consent of your parent or guardian; and (c) located in the United States.  By accessing or using the Services, including solely for browsing purposes, you are representing to FITNESS SF that you meet the foregoing eligibility requirements, and you or your parent or guardian, as applicable, have the legal capacity to enter into and be bound by these Terms.

 

  • Access to the Services

 

The Services are controlled and operated by us from inside the United States, and are not intended to subject us or any of our partners to the laws or jurisdiction of any state, country or territory other than that of the United States.  By using the Services and submitting any personal information, visitors from outside acknowledge that these Terms and the Services are subject to United States law and consent to the transfer of personal information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.

Access to some of the Services may be limited to FITNESS SF members, and access and use to such Services are subject to additional limitations that are set forth below.

 

  • Your Account

 

Some portions of the Services may require or invite you to create an account and log-in credentials, and you may not be able to access certain features or functions of the Services without creating and logging into an account.  In some cases, the ability and right to create an account may be limited to persons who have a current FITNESS SF membership that is in good standing.  By downloading or using our Services, you expressly agree that we may communicate with you regarding transactions you initiated on the Services, or respond to your communications to us through the Services by SMS, MMS, text message or other electronic means directed to your device. You are solely responsible for any activity on your account, whether or not you are a member of FITNESS SF.  You agree to provide true, accurate, current and complete information about yourself as requested by us upon creation of the account and you agree to update such information if it changes. You agree to use a strong, secure password and to keep the password confidential. If you are sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all financial activity.  You also acknowledge that your account is not transferable, and you agree not to violate any applicable law or the terms of these Terms. You agree that you will notify FITNESS SF if you know or suspect any unauthorized use of your account, or any other breach of security related to your account or membership.  FITNESS SF reserves the right to deny the creation of, suspend access to or terminate any account, and to removed or modify any of the content, features, functions or services available through the Services in its sole discretion, at any time, and without notice or liability to you.  You agree that we may access, preserve and disclose your account information if required to do so by law or if we have a good faith belief that it is necessary to comply with legal proceedings, enforce these Terms, respond to claims that information provided by you violates the rights of others, respond to your requests for customer service, or protect the rights, property or personal safety of FITNESS SF, its customers, or the public.

 

  • Payment and Fees

 

Although the Services are currently provided for free (with the exception of access to and use of those Services which require you to hold a current FITNESS SF membership), you may be able to pay for goods and services through the Services.  You are solely responsible for any charges incurred by accessing or using the Services, such as charges from your Internet service provider or wireless carrier, or charges for goods and services purchased through the Services, such as charges for training sessions, which may be billed to the credit card on file with your account.  We may modify prices for goods and services available through the Services prospectively in our sole discretion. To the extent allowed by applicable law, these changes may be effective upon notice provided to you.

 

  • Your Content and Comments

 

You are solely responsible for any information or other content that you post or add to your account using our Services, including but not limited to images (“Your Content”).  You represent and warrant that Your Content is accurate, current and complete, that you own or otherwise control all necessary rights to Your Content, and that you are not infringing on or violating any third party’s rights by posting it.  Content that violates any of our policies may be deleted by us in our sole discretion.  

Any comments, feedback, notes, messages, ideas, suggestions or other communications that you post on or submit through, or otherwise send to FITNESS SF as a result of, the Services, shall become and remain the exclusive property of FITNESS SF. Your posting, submission or sending of any such communication constitutes an assignment to FITNESS SF of all rights, title and interest, including intellectual property rights, in and to such communication, and FITNESS SF shall have the right to use, reproduce, disclose, publish, modify, or otherwise exploit such communication for any purpose whatsoever, without any restriction or liability to you and without compensating you in any way, and you hereby waive any and all claims against FITNESS SF arising out of in connection with such communications to us.

 

  • Notices

 

You agree that we may provide notices to you through (i) an email sent to the email address linked to your membership account or otherwise provided to us by you; or (ii) through other means including telephone or mail. You agree to keep your contact information current.

 

  • Intellectual Property

 

The name, “FITNESS SF” and other marks, logos, designs, video, data, code, software, graphics, phrases, slogans, and other material, whether registered or unregistered, that we use in connection with our Services, including the arrangement, design, layout and look and feel of the Services, constitute the intellectual property of FITNESS SF and are protected by trademark, copyright and other applicable intellectual property rights and laws.  

 

Rights and Limits

 

  • Service Availability

 

We may change, suspend or end any Service, or change and modify prices in our sole discretion. We have no obligation to store, maintain or provide you with a copy of any content or information that you or any others provide, except to the extent required by applicable law. You are responsible for developing and maintaining your own records of any transactions conducted through our Services.

We do not warrant that the Services will be available or that our website will operate error free or that the Services, or any portion thereof, or the servers used in connection with the Services, are free of computer viruses and other harmful goods.  If your use of the Services results in a need for servicing or replacement of your equipment or data, we are not responsible for those costs.

 

  • Third Party Sites

 

You may be able to enable or log in to the Services through one or more third party sites or services, such as Yahoo or Facebook, and you may be able to access third party sites and services that link from our Services. When you enable or log in to our Services from such third party sites, those third party sites will provide us with access to certain information that you have provided to them, and we will use, store, access and disclose such information pursuant to the terms of our Privacy Policy.

We make no representation or warranty about, and you release us from any liability for the content, features, operation, accuracy, reliability, completeness or timeliness of third party sites, including social media networks and applications, that link from our Services, and any claims, demands, damages or liability arising out of disputes with such third party sites. Our link to a third party site through the Services, for login purposes or otherwise, should not be considered an endorsement by, or affiliation with FITNESS SF of such third party site, or its operators, owners, content, services or other offerings.

You are responsible for deciding if you want to access or use third party websites that link from our Services.  Third party websites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other websites and services, and links from our Services are used solely at your own risk.

 

  • App Stores

 

If you download any applications designed for download and use on mobile, tablet, smart watch or other personal devices that we may make available as part of our Services (“Apps”) from a third party App store, such as the Apple App Store, or Google Play (each, an “App Store”), you acknowledge and agree that:

 

  1. These Terms are an agreement between FITNESS SF and you, and not with the applicable App Store, and that subject to these Terms, FITNESS SF, not the applicable App Store, is solely responsible for the App and its contents;
  2. To the extent any maintenance or support services are required under applicable law or expressly contemplated by these Terms, FITNESS SF, not the applicable App Store is solely responsible for such services and, subject to the terms and conditions of any agreement between you and an App Store, no App Store has any obligation to provide any maintenance or support services with respect to the Apps;
  3. Each App Store may have its own terms and conditions to which you must agree before downloading an App from it, and the limited rights FITNESS SF grants you to use the App are expressly conditioned upon your compliance with such App Store’s terms and conditions;
  4. The App Store is not responsible for addressing any claims you have relating to the Apps or your possession and use of the Apps;
  5. FITNESS SF, not the App Store, is solely responsible for any product warranties relating to the Apps, whether express or implied, to the extent not disclaimed or limited under these Terms;
  6. In the event of any failure of the applications to conform to any applicable warranty, you may notify the App Store and the App Store may refund the purchase for the Apps  to you; provided, however, that to the maximum extent permitted by applicable law, the App Store shall have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between FITNESS SF and the App Store, FITNESS SF’s responsibility;
  7. If a third party claims that an App infringes on another party’s intellectual property rights, as between FITNESS SF and the App Store, FITNESS SF will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
  8. Any claims that you or a third party may have relating to the Apps, or your possession or use of the Apps, including but not limited to product liability claims, any claims that the Apps fail to conform to any legal or regulatory requirement, and any claims arising under consumer protection or similar legislation shall be addressed to FITNESS SF, and FITNESS SF, not the App Store, shall be responsible for responding to such claims; provided, however, you acknowledge and agree that FITNESS SF’s responsibility for any of the foregoing claims is limited and disclaimed to the maximum extent permitted by applicable law, as further described in these Terms; and
  9. The App Store and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license to the Apps, and upon acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

 

  • Third Party Services, Events and Activities

 

Our Services may include information about, links and access to, and invitations to join us in certain events, activities and services (“Third Party Activities”).  These Third Party Activities are offered and provided by third parties, not FITNESS SF and your attendance and participation in such Third Party Activities is solely at your own risk.  FITNESS SF expressly disclaims any liability for any act or omission of any third party, including without limitation, any act or omission which arises out of or is in any way connected with your attendance, use of or participation in any Third Party Activities that you discover or register for through the Services, or the non-performance of any third party in connection with the Services or such Third Party Activities.

 

  • Limits

 

FITNESS SF grants you the limited, non-exclusive, non-transferable and revocable right to access and use the Services solely for personal and non-commercial use, which grant is expressly conditioned upon your compliance with these Terms.  Under no circumstances are you permitted to use the Services or any portion thereof for any commercial purpose or for the benefit of any other person or entity. You are expressly prohibited from copying, streaming, reproducing, archiving, downloading, modifying, publishing, distributing or making any derivative works of the Services or any portion thereof, other than as expressly permitted or contemplated by these Terms or the Services.  

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) using the Services for unintended purposes or trying to change the behavior of the Services; (iii) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (iv) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to FitnessSF.com. Violations of system or network security may result in civil or criminal liability.

You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to reverse engineer or attempt to obtain the source code of the Services or to navigate or search the Services other than through the search engine and search agents provided by us or generally publicly available browsers.

We reserve the right, in our sole discretion, to limit or terminate your access to the Services or any portion thereof at any time, for any reason or for no reason at all, without prior notice, or any notice.

 

Disclaimers and Limitation of Liability

 

  • No Warranty

 

FITNESS SF MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES AND, TO THE EXTENT ALLOWED BY LAW, WE (I) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT; (II) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS OR BE ACCURATE, SECURE OR TIMELY; AND (III) PROVIDE THE SERVICES ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  Some of the Services may not be available to you based on residency, geographic location or other eligibility criteria. Some states do not allow the disclaimer of certain warranties, so the foregoing disclaimers may not apply to you.

 

  • Exclusion of Liability

 

You agree that, to the extent permitted by law, your sole and exclusive remedy for any dissatisfaction or problems with the Services is to stop using and, where applicable, uninstall the Services.

TO THE EXTENT PERMITTED BY LAW, FITNESS SF, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “FITNESS SF PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF USE, DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, ARISING OUT OF THE SERVICES OR THESE TERMS.

TO THE EXTENT THAT FITNESS SF IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION TO THE SERVICES OR THESE TERMS, IN NO EVENT SHALL FITNESS SF’S LIABILITY FOR SUCH DIRECT DAMAGES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, ONE HUNDRED U.S. DOLLARS ($100). Except for any liability of FITNESS SF pursuant to the preceding sentence, you acknowledge and agree that the other FITNESS SF Parties have no liability to you for any direct damages arising out of the Services or these Terms.

 

  • Health Disclaimers

 

FITNESS SF is not a health care or medical provider and we aim to provide useful information, not professional medical advice. The Services are not medical devices and the features, services and content made available therein, including, without limitation, any suggestions, nutritional plans or information, regimens, exercises, workouts, recipes, advice, information or other materials are provided solely for general informational purposes, do not constitute medical advice, and are not intended to diagnose, treat, cure or prevent any disease or injury, or as a substitute for a professional medical evaluation.

FITNESS SF is not liable or responsible for any health problems or other consequences that may result from you having read, used or relied upon any information provided through the Services, or from training programs, consultations, products or events that you learn about or purchase through the Services. If you choose to use the Services, you should be in good health and have no disability, impairment, disease or injury that prevents you from engaging in active or passive exercise, or which would cause increased risk or injury or adverse health consequences as a result of using the Services.  If you have any health related questions, please call or see your physician or other healthcare provider promptly. If you experience any pain, dizziness, difficulty, illness or discomfort when using any of the Services, stop and consult your physician or seek emergency medical attention immediately.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITNESS SF IS NOT RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY INJURIES OR DAMAGES THAT ARE SUSTAINED FROM YOUR PHYSICAL ACTIVITIES OR YOUR USE OF, OR INABILITY TO USE, ANY SERVICES OR FEATURES OF THE SERVICES, INCLUDING ANY CONTENT OR ACTIVITIES THAT YOU ACCESS, PAY OR REGISTER FOR OR LEARN ABOUT THROUGH OUR SERVICES, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF FITNESS SF, OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

 

Termination

 

You may terminate these Terms at any time by ceasing to access and use the Services, and where applicable, uninstalling the Services. In the event that you decide to resume access and use of any of the Services, you shall be bound by the then current Terms.  We may, in our sole discretion and for any or no reason, suspend, restrict or terminate your access to and use of the Services, or any part thereof, at any time and without prior or any notice or liability to you. On termination, you will lose the right to access or use the Services. Upon termination, the sections of these Terms relating to intellectual property, governing law, severability, your account, disclaimer of warranties, limitation of liability, and indemnity, and any other provision which by its nature is intended to survive, shall survive termination.

 

Indemnification

 

You agree to indemnify, defend and hold the FITNESS SF Parties harmless from and against any and all third party claims, liabilities, demands, damages and costs (including but not limited to reasonable attorneys’ fees) arising out of or in connection with your use of or access to the Services, your breach of these Terms, or any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without your authorization.

 

Dispute Resolution

 

  • Class Action Waiver

 

By using the Services, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not on a class-wide basis or in any class, representative or consolidated action.  You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member or otherwise participate in a class, representative, or consolidated proceeding against FITNESS SF. You agree that the arbitrator of any dispute between you and us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth below shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

  • Governing Law; Arbitration

 

You agree that the laws of the State of California, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms and/or the Services. In the event of any controversy or dispute between FITNESS SF and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute, claim, question, or disagreement directly through good-faith negotiation, which shall be a precondition to either party initiating a lawsuit or arbitration.

Except for claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; any claim for public injunctive relief, or actions seeking relief in any state or federal court for disputes related to a violation or possible violation of FITNESS SF’s intellectual property rights, all disputes whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration, rather than in court by a judge or jury in accordance with these Terms.

Any arbitration between you and us, to the extent necessary, will be conducted in Marin County, California, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum. The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved: (i) the arbitration will be conducted by telephone, online or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (ii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.

You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of the Services:

 

  • You are giving up your right to have a trial by jury;
  • You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
  • You must file any claim within one (1) year after such claim arose or it is forever barred.

 

If this arbitration provision is found to be null and void, then all disputes arising under these Terms will be subject to the jurisdiction of the state courts of Marin County, California, and the federal courts of San Francisco, California, and you agree to personal jurisdiction in those courts and waive any objection to such jurisdiction or venue.  This agreement to arbitrate will not preclude you or FITNESS SF from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction.  Furthermore, this agreement to arbitrate will not preclude you or FITNESS SF from applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.

In the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.

 

General Provisions

 

These Terms, the Privacy Policy and all other rules and policies posted through our Services set forth the complete and exclusive statement of agreement between you and FITNESS SF, and supersede any and all prior understandings and agreements, whether written or oral, between us.  

These Terms will be binding upon and inure to the benefit of the parties, and their respective successors and assigns. We may, in our sole discretion, assign these Terms, and in such event we will post notice through our Services.  

If any provision of these Terms or the application of such provision to any person or circumstance shall be held invalid, the remainder of these Terms or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.  

No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and FITNESS SF by these Terms.  

Headings in these Terms are for reference purposes only and do not in any way limit the scope or extent of such section.  

We may amend, modify, add to, or remove terms of these Terms or the Privacy Policy at any time by posting amended terms through our Services. Your continued access or use of our Services constitutes your acceptance of such amended terms.  These Terms may not otherwise be amended except through mutual agreement in writing by you and a representative of FITNESS SF who is authorized to agree to such amendment.

Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of these Terms.

If you are a California resident, in accordance with California Civil Code section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by contacting them by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

  • How to Contact Us

 

If you want to send us notices or service of process, please contact us:

By email at: info@fitnesssf.com

By mail at:

150 Nellen Avenue, # 250

Corte Madera, CA 94925

 

ADDITIONAL TERMS FOR PERSONAL TRAINING SESSIONS

The following terms and conditions (these “Personal Training Terms”) apply to all personal training  and small group training sessions originally purchased at any participating FITNESS SF location or through the Services (each, a “Session”). By purchasing, using, accepting or retaining a Session, you agree to these Personal Training Terms. FITNESS SF reserves the right to change, amend or terminate these Personal Training Terms or its personal training offerings, in its sole discretion, at any time with or without notice or liability to you.

 

  • Cancellation Policy

 

A FITNESS SF member that has made an appointment for a Session may cancel or change the time of the Session provided that a minimum of 24-hours’ prior notice is given. You can make these changes via the Training tab in your account to the Services, or by contacting your trainer directly. Members will be charged for the full cost of the session on any late cancellations or no-show appointments, and all Session sales are non-refundable and non-transferable.

 

  • Payments

 

Payment for Sessions is required to be made by the member on or before the date of the Session. If a member has no Session inventory, charges for late cancellations or no show appointments for Sessions will be charged to the member’s credit card on file with FITNESS SF. In addition, charges for Sessions which are used by a member but not otherwise paid for will be charged to the member’s credit card on the day the Session is used.

 

  • Discounts

 

FITNESS SF may offer discounts on Sessions to members who purchase a package of Sessions. These discounts only apply to the number of Sessions purchased as a group. Any further or additional Sessions will be charged at the regular rate then in effect for individual Sessions.

 

  • Redemption

 

You may obtain information on your balance of Sessions in the Training tab in your account to the Services or at any FITNESS SF Fitness Club. Sessions may not be redeemed for cash.

 

  • Expiration Policy

 

All sales are final. Sessions expire six months from the date of purchase.

 

ADDITIONAL TERMS FOR FREE TRIALS, GIFT AND PROMOTIONAL CARDS AND PROMOTION CODES.

 

  • Free Trials

 

We offer a free three (3) day trial of our membership for all local residents of the Bay Area, which residence must be documented by providing valid identification, and subject to other restrictions specified when you sign up for the offer (each, a “Free Trial”).  In order to sign up for a Free Trial, you may need to provide us certain contact information and your preferred payment method.

 

  • Gift Cards

 

The following terms and conditions (these “Gift Card Terms”) apply to any FITNESS SF gift card originally purchased through the Services or at any participating FITNESS SF location (each a “Gift Card”).  By purchasing, accepting, retaining or using a Gift Card, you agree to these Gift Card Terms. FITNESS SF reserves the right to change, amend or terminate these Gift Card Terms or its Gift Card offerings, in its sole discretion, at any time with or without notice or liability to you. Your use of the FITNESS SF Gift Card is limited to the current dollar value held on the card. You may obtain your balance by presenting your Gift Card at any FITNESS SF location.  Except to the extent required by applicable law, Gift Cards may not be redeemed for cash.

You may use the Gift Card only to purchase eligible merchandise and pay for eligible goods and services at any FITNESS SF location (excluding cafes, juice bars, etc.), or if available, through the Services. You may not return, resell or use any Gift Card for any unauthorized advertising, marketing, sweepstakes or other promotional purposes. The Gift Card has no expiration date, service charges or dormancy fees. These Gift Card Terms do not apply to gift cards or other stored value cards that are given away for free or distributed as a reward, incentive, or as part of a marketing or promotional program (“Promotional Cards”). Promotional Cards may have different terms and expiration dates, to the extent permitted by applicable law. See below for terms and conditions applicable to Promotional Cards. Protect your Gift Card as if it were cash and safeguard it from unauthorized use. Except where required by applicable law, FITNESS SF is not responsible for and will not replace Gift Cards if lost, stolen, damaged or destroyed. FITNESS SF reserves the right, in its sole discretion, to suspend or terminate use of any Gift Card if we suspect any fraud or misuse of a Gift Card.  FITNESS SF may cancel the Gift Card at any time, without notice or liability to you.  The consideration paid for the Gift Card, including any unredeemed balances, is the property of FITNESS SF.

TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FITNESS SF MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FITNESS SF DISCLAIMS ANY RESPONSIBILITY FOR ANY LOSS OF ANY KIND ARISING OUT OF YOUR USE OF ANY GIFT CARD. IN THE EVENT A GIFT CARD IS NOT FUNCTIONAL, YOUR SOLE REMEDY AND FITNESS SF’S SOLE LIABILITY SHALL BE THE REPLACEMENT OF THE FITNESS SF GIFT CARD AT ITS THEN-CURRENT VALUE.

If any one or more of the provisions of these Gift Card Terms shall be for any reason whatsoever held invalid by a court of competent jurisdiction, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of these Additional Terms for Gift Cards.

Except as specifically stated otherwise, these Gift Card Terms, together with the Terms, set forth the entire understanding relating to the subject matter hereof, and supersede all prior understandings, written or oral.

These Gift Card Terms shall be governed by the laws of the State of California, excluding its conflict of laws rules.

 

  1. Promotional Cards and Codes

 

The following terms and conditions (“Promo Terms”) apply to any FITNESS SF gift cards, Promotional Cards or other stored value cards or promotion or discount codes that are given away for free and distributed, published, issued, or broadcast (whether through the Services or otherwise) directly or indirectly by FITNESS SF as a reward, incentive or as part of a marketing or promotional program (each a “Promo”).  

You may use the Promo only to purchase eligible merchandise and pay for eligible services at any FITNESS SF Fitness Club (excluding cafes, juice bars, etc.).  You may not use a Promo to pay for membership dues.

Your use of a Promo is limited to the current dollar value held on the card, if any, and subject to any additional restrictions or limitations set forth in the Services. Promos may not be redeemed for cash.

You may not return, resell or use any Promo for any unauthorized advertising, marketing, sweepstakes or other promotional purposes.

All Promos will expire 90 days after the issuance date, unless a different expiration date is expressly set forth on the Promo itself or otherwise published on the Services.

FITNESS SF is not responsible for and will not replace Promos if lost, stolen, damaged or destroyed.

FITNESS SF reserves the right, in its sole discretion, to suspend or terminate use of any Promo if FITNESS SF suspects any fraud or misuse thereof.  FITNESS SF may cancel any Promo at any time, without notice or liability to you.

NO WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FITNESS SF MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROMOS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FITNESS SF EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY LOSS OF ANY KIND ARISING OUT OF YOUR USE OF ANY PROMO.  

If any one or more of the provisions of these Promo Terms shall be for any reason whatsoever held invalid by a court of competent jurisdiction, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of these Promo Terms.

Except as specifically stated otherwise, these Promo Terms and the Terms, set forth the entire understanding relating to the subject matter hereof, and supersede all prior understandings, written or oral.

These Promo Terms shall be governed by the laws of the State of California, excluding its conflict of laws rules.

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