SolutionFITNESS

Wix Payments, Website, and App are the platform for the SolutionFitness membership. SolutionFitness offers access to exclusive premium content and features available for purchase as a subscription via the Application (the “SolutionFitness Subscription”). TheSolutionFitness Subscription is currently only available to residents of the United States and by purchasing a SolutionFitness Subscription, you represent and warrant that you are a resident of the United States. We reserve the right to modify the content, features, pricing, and availability of the SolutionFitness Subscription at any time. The following terms are applicable if you purchase aSolutionFitness Subscription via the Apple App Store or Google Play store (each, an “App Store”).

 

BILLING AND FEES

Payment authorization. If you make an in-app purchase of the SolutionFitness Subscription via an App Store, you authorize the Wix Paynents to charge your credit card or other payment method for the SolutionFitness Subscription at the rate applicable at the time of your initial agreement to subscribe (unless changed by us as described below), plus any applicable local, state, or federal taxes. You may be responsible for other charges imposed by your credit card provider or financial service provider in connection with your subscription. Billing for in-app purchases via an App Store will be processed by the Wix Payment provider according to their terms and may be subject to other third party terms. The timing of your billing cycle may be subject to change (for example, due to a failure of your payment method caused by inadequate funds or an expired credit card).

 

Payment failures; chargebacks. If charges for which you are responsible for fail at the time payment is due, the Wix Payment may continue to attempt to charge your payment method until such time as your payment method can successfully be charged and you will remain responsible for the payment of any such charges. You may be responsible for the costs associated with our efforts to collect amounts due to the extent permitted by applicable laws. If you contact your credit card or financial services provider to request a chargeback of any subscription fees due to us, we reserve the right to automatically terminate your account. If our investigation of the chargeback determines that there was a valid basis for the fees charged to you, we reserve the right, upon written notice to you, to charge you the reasonable costs associated with responding to your chargeback.

 

Subscription price changes. We reserve the right to make changes to your SolutionFitness Subscription price, frequency, or date of charge. If the cost of your subscription increases, you will be provided with written notice prior to the billing period in which the change will become effective and you must opt into the price increase in order to continue to have access to your SolutionFitness Subscription following the end of your current billing period.

 

AUTOMATIC RENEWING SUBSCRIPTION

BY PURCHASING A SolutionFitness SUBSCRIPTION, YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A PERIODIC BASIS FOR THE RENEWAL PERIOD DISCLOSED TO YOU AT THE TIME OF YOUR PURCHASE AND WILL CONTINUE TO RENEW ON THAT BASIS UNTIL YOU CANCEL IN ACCORDANCE WITH THE CANCELLATION TERMS BELOW. You authorize Wix Payments to continue to charge your payment method for the price of your subscription, plus any applicable taxes, unless and until you cancel.

 

To avoid the automatic renewal of your subscription, you must cancel your subscription at least twenty-four (24) hours prior to the end of your current Wix Payment billing cycle. If you cancel less than 24 hours before the end of your current billing cycle, your subscription will continue as scheduled and your cancellation will take effect at the end of the next billing cycle.

 

CANCELLATION

You may cancel your SolutionFitness Subscription at any time by going to the subscriptions page in your SolutionFitness app account or by following the instructions in the Application settings menu. If you cancel your subscription prior to the end of your subscription period, you will be entitled to continue to access your SolutionFitness Subscription through to the end of your current subscription period. At the end of your subscription period, you will immediately lose all access to any premium Content or features provided through your SolutionFitness Subscription. Please see our “No Refunds” policy below in Section.

 

PROMOTIONS AND TRIALS

We may offer special promotional pricing and trials for SolutionFitness Subscriptions (each, a “Promotional Subscription”) which may be subject to additional terms from these Terms of Use. Any additional terms will be disclosed to you at or prior to your Promotional Subscription sign-up. At the end of your Promotional Subscription term, your subscription will automatically renew at the price and for the duration disclosed to you at the signup of your Promotional Subscription. If your Promotional Subscription includes a free trial, you will be required to provide Wix Payments with a valid payment method at signup, and the Wix Payments may attempt to validate your payment method prior to the start of your free trial. YOU AUTHORIZE WIX PAYMENTS TO CHARGE YOUR PAYMENT METHOD AT THE END OF YOUR FREE TRIAL. TO AVOID BEING CHARGED, YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST 24 HOURS BEFORE THE END OF YOUR FREE TRIAL PERIOD.

 

NO REFUNDS

While you may cancel your SolutionFitness Subscription at any time, we do not offer refunds or credits, except in our sole discretion, or as required by applicable laws. If we do issue a refund or credit, we are under no obligation to offer similar refunds or credits in the future.

 

 

TERM

These Terms of Use will be effective on the date you first use the Services and will remain in effect as long as you still have an account and/or continue to use the Services, or until they are terminated by us as set forth in this Section 5.

 

TERMINATION

We may in our sole discretion, and for any reason, immediately and without notice to you, disable, suspend, or terminate your account, in whole or in part, or your right to access the Services, including in the event of your actual or suspected unauthorized use or misuse of the Services or violation of these Terms of Use. In addition, we reserve the right to modify or discontinue the Services or any portion thereof at any time upon reasonable notice to you.

 

EFFECT OF TERMINATION

Upon termination of your account, the following sections shall survive termination: Privacy Policy; Limitation of Liability; Assumption of Risk.

 

Upon termination of your account all rights granted to you under these Terms of Use will also terminate.

 

We will not be liable to you or any third party for compensation or damages of any sort as a result of the termination of your account and the termination of your account will not preclude us from seeking any other right or remedy we may have under law or equity, now or in the future.

 

LIMITATION OF LIABILITY

• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ON BEHALF OF SOLUTIONFITNESS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR ANY CONTENT PROVIDED ON THE APPLICATION OR THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING FROM OR ASSOCIATED WITH YOUR USE OF THE SERVICES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT EXCEEDING THE GREATER OF: (I) THE AMOUNT PAID, IF ANY, BY YOU FOR YOUR USE OF THE SERVICES IN THE LAST 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM(S) OR (II) TEN ($10) DOLLARS. THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY PLANET FITNESS’: GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILLFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT.  NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.

 

 

HEALTH WARNING

The health and fitness content provided through the Services is designed for educational and informational purposes only and is not intended to be, nor does it constitute, medical or other professional healthcare advice. We strongly recommend that you consult with your physician before beginning any exercise program. It is your responsibility to evaluate your own medical and physical condition to determine whether to participate in an exercise program. Always check your surroundings before exercising. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.  You represent and warrant that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the Services.

 

ASSUMPTION OF RISK

You understand and expressly agree that there are risks inherent in physical activity and your use of the Services may involve potentially dangerous physical activities that may lead to minor injuries or major injuries, up to and including death. In consideration for your use of the Services, you understand and voluntarily accept full responsibility for the risk of injury or loss arising out of or related to your use of the Services. You further agree that SolutionFitness and independent contractors of all such entities will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to you, your spouse or domestic partner, unborn child, heirs, or relatives resulting from the negligent conduct or omission of any member of the SolutionFitness or anyone acting on their behalf, whether related to exercise or not.

To the fullest extent permitted by law, you hereby forever release, waive and discharge each member of the SolutionFitness company from any and all claims, demands, injuries, damages, actions or causes of action related to your use of the Services, any content you submit, post to, or transmit through the Services, or your breach or alleged breach of these Terms of Use (collectively, “Claims”) against any member of the SolutionFitness, or anyone acting on their behalf.  Further, you hereby agree to defend, indemnify and hold harmless each member of the SolutionFitness from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising from or related to any such Claims. If you live in a jurisdiction that does not allow for the waiver of liability, the above waiver of liability does not apply to you.