Fitnessity Terms & Condition of service
Last updated November 6, 2022
Welcome and thank you for using Fitnessity.co! These Terms of Service (“Terms”) govern your use of the the booking and networking service offered by Fitnessity, Inc. (“Company”), including any websites, mobile applications, devices, or APIs that are operated by Fitnessity or its subsidiaries and affiliates (collectively, the “Services” or "Platform"), and are entered into by you and Fitnessity, Inc., a Delaware corporation, and its subsidiaries and affiliates (“Fitnessity”). This Agreement applies to all visitors, users, and other parties who access the Services (each, hereafter, a “user”). The services provided by personal trainers, local fitness freelancers, fitness facilities, gyms, studios, sports and fitness organizations, sports event ticket sellers, equipment sellers and anyone offering or selling a service or product on the Fitnessity platform are all independent contractors using the fitnessity platform to start or gorwn the company and is here in after known as a “Service Providers”
Fitnessity is your connection to multi-sport and wellness activities. A marketplace that simiplies the process of booking active activities online. Users can search, compare, book and rate activities from local businesses offering personal training coaching, fitness classes and adventure experience. The may be provided in person or online.
ACCEPTANCE OF THESE TERMS
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
You agree that by clicking "Sign In" "Register" “Join Now” “Join Fitnessity” “Create An Account” “Create A Business Profile” "List my business" “Sign Up” “Book A Lesson” or similar, registering, accessing or using our services (including Fitnessity.co and our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company or another person or 3rd party). If you reside in the United States, your agreement is with Fitnessity, Inc.
You acknowledge that Fitnessity does not supervise, direct, or control the performance of services provided by our "Service Providers" Third Party Providers, and that Third Party Providers are neither employed by, nor in any partnership or joint venture or agency relationship with, Fitnessity.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Fitnessity, Fitnessity does not form any employment or agency relationship with you and does not hold title to any services that you order through the Services.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the service takes place.
When you use the Services to make a booking, you authorize the purchase of those services from the 'Service Providers". You agree that your purchase is being made from the "Service Provider" you have selected, that "Service Provider" is the merchant of record, and that title to any "Services" passes to you when they are purchased at the applicable "Service Providers" fitnessity business profile, the serach database "Instant Hire" or other areas of the "Platform" that connect the user with a "Service Provider". You agree that Fitnessity or the applicable third party payment gateway "Stripe" will obtain an authorization for your credit card, debit card, or other payment method on file with Fitnessity to cover the cost of the services you have purchased from the "Service Provider" and any separate Fitnessity fees and optional tips, and your payment method will be charged for the services purchased by you and any applicable fees, taxes and/or tips.
- "Platform" means all Fitnessity websites, mobile or other applications, software, processes and any other services provided by or through Fitnessity.
- “Visitor” means a user or person who is viewing the Platform but is not actively participating in any of the Platforms services. The visitor cannot view a profile.
- "Member “or “Members” means a person who completes the Fitnessity account registration process or a person who submits their business to be listed on the Platform, including but not limited to Service Provider Members and Customer Members.
- “Enthusiast”, “User”, “Buyer”, "Customer Members” or “Customers" means a Member who has engaged in the social network, networking, hiring, booking one or more of the Services offered from Fitnessity a Service Provider via the Fitnessity Platform.
- “Professional”, “Personal Trainer”, “Gym”, “Gym Owner”, ”Facility”, “Facility owner”, ‘Studio”, “Studio owner”, "Service Provider Members" or “Service Providers” means a member who created and registered a Fitnessity for Business account on the Fitnessity Platform who intends to offer, sale, promote, or teach a service or services, offer a product, a lesson or lessons, class or classes or activities in order to grow their business by interacting with Customer Members with the intent to make money.
- "Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
- "User Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not limited to photographs, profile information, descriptions, postings, and reviews.
- “Services" means the services offered directly from Fitnessity, services listed, quoted, scheduled, offered or provided by Service Providers, or sought, scheduled or received by Customer Members, through the Fitnessity Platform.
- “Fitnessity", "we", "our", or "us" means (Company) Fitnessity, Inc.
- "User", "you" or "your" means an individual who visits or uses the website
ADDITIONAL TERMS AND POLICIES
These Terms of Service include:
- Your agreement that the Platform is provided “as is” and without warranty.
- Your agreement that Company has no liability regarding the Platform.
- Your acknowledgment and agreement that Company does not supervise, direct or control a Service Provider in any manner and Company has no liability regarding the performance of Service providers found on the Platform.
- Your acknowledgment that any Service Provider listed, booked or hired on the Fitnessity platform is not an employee in any form of Fitnessity, Inc. and acts as an individual contractor whom represents their own business interests, services, and business practices.
- Your consent to release Company from liability based on claims between and generally
- Your agreement to indemnify Company from claims due to your use or inability to use the Platform or content submitted from your account to the Platform.
- Your consent that you and Company have the right to compel arbitration.
- Your consent that no claims can be adjudicated on a class basis.
Fitnessity grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms, (), or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, Fitnessity will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
By using the Services, you represent and warrant that you are of legal age in the jurisdiction in which you reside to form a binding contract with Fitnessity. If you are using Fitnessity's Services for its intended purposes on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services, you will adhere to the (