Terms & Condition
Last Updated: August 1st, 2022
I. APPLICATION OF THESE TERMS AND CONDITIONS
This End User License Agreement and Terms and Conditions ("EULA") is a binding agreement between you (“End User” or “you”) and Nevada Fitness. ("NVFIT", "we", "us", or "our"). This EULA governs your relationship with NVFIT, including, but not limited to, your use of the NVFIT Mobile Application (the "App"), the website nevada.fitness (the “Website”), your purchase of NVFIT memberships, your rights to cancel your purchase of NVFIT punch cards, your registration for classes, your purchase of merchandise, your communication with NVFIT, and your use of and attendance at NVFIT studios.
II. LICENSE GRANT
Subject to the terms of this EULA, NVFIT grants you a limited, non-exclusive, and nontransferable license to:
(a) Download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation; and
(b) Access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section VI) made available in or otherwise accessible through the App, strictly in accordance with this EULA.
III. LICENSE RESTRICTIONS
Licensee shall not:
(a) Copy the App, except as expressly permitted by this license;
(b) Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
(f) Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
IV. RESERVATION OF RIGHTS
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this EULA, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. NVFIT and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
V. COLLECTION AND USE OF YOUR INFORMATION
VI. CONTENT AND SERVICES
VI. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
A. INFORMAL DISPUTE RESOLUTION
At NVFIT, we believe every workout and every athlete matters. Our goal is to do our best to ensure that every experience with NVFIT will exceed your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at firstname.lastname@example.org or write to us at NVFIT, 9340 W. Flamingo Road, Unit 118, Las Vegas, Nevada 89141. Attention: NVFIT Feedback. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
B. ARBITRATION AGREEMENT
By accepting the Terms, you and NVFIT agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if NVFIT initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
C. CLASS ACTION WAIVER
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving NVFIT or any other person. 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 NVFIT. We and you agree that the arbitrator of any Dispute between 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 this class action waiver ("Class Action Waiver") clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
D. DEFINITION OF DISPUTE
Except as described below, the term "Dispute" in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and NVFIT regarding any aspect of your relationship with NVFIT, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.
Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
E. HOW WILL THE ARBITRATION WORK?
Either you or NVFIT may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or NVFIT initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply California law.
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, NVFIT will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
F. WHERE WILL THE ARBITRATION BE HELD?
You can bring the arbitration in either California or in the state where you live if there is a JAMS or AAA in that state. In the event that NVFIT initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case NVFIT may initiate the arbitration in California.
VII. USE OF THE SITE BY MINORS
If you are under 18, you may register and use the App only with the involvement of a parent or guardian. NVFIT does not accept the online registration of minors; please do not attempt to register on the App if you are under the age of 18. Registration of a minor must be completed in person at one of our studios with a parent or guardian.
In order to attend classes, you must first purchase a class punch card, or membership. To buy a class punch card, or membership please visit www.nevada.fitness/memberships. Our punch cards expire within 90 Days of the purchase date. If, however, you get jammed up and cannot make it in time, just give us a call, stop by the gym, or e-mail us and we can help you. Future membership prices are subject to change, but NVFIT will honor your punch card until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in a NVFIT studio. You can reserve classes online up to 1 Week in advance. Your credit/debit card will be charged for your order when you buy a punch card or membership. NVFIT will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that NVFIT may incur in its efforts to collect any unpaid balances from you.
IX. FITNESS PROGRAM MEMBERSHIP AGREEMENT SERVICES
The service being requested is for coaching designed to progress the Client toward elite fitness. The agreement is for coaching services over a specific period of time or sessions during which the Client is eligible to partake in any and all activities in accordance with their Membership package. NVFIT. offers the following Membership options to its Clients: (1) Month-to-Month Membership, (2) Prepaid Membership, and (3) Session(s) Membership, and 42 Day Challenges. All Membership types are non-transferable, non-assignable, and non-saleable. Any such attempted transfer, assignment, or sale is void and will not be honored
A. MEMBERSHIP TERM
The term of the Agreement shall commence on the date of purchase, (or otherwise selected start date noted within the Membership plan), and shall automatically renew upon the expiration of the plan, unless otherwise cancelled in accordance with the provisions of the Agreement.
B. NVFIT MEMBERSHIP OPTIONS
Paid in Full (Prepaid)
42 Day Challenges
No refunds shall be made for services purchased, except as specifically provided in the Agreement.
C. ADDITIONAL RIGHTS TO HOLDS
Month-to-Month Membership Agreement: The Client may place their Membership on hold two (2) times per calendar year up to three (3) consecutive months each time. The hold must be 30 days in duration at minimum. Upon expiration of the term of the hold, the Client's account will automatically become active and payments will resume. Should the Client choose to return prior to the end of their hold period, the hold will be released and payments will resume. The submission of a hold effectively halts contract period and the contract term will resume upon the release of the Client's hold period. Prepaid Membership and Sessions Agreements: The Prepaid Membership and Sessions Agreements are not subject to any hold options. Account holds are not permitted.
X. GEOGRAPHIC RESTRICTIONS
The Content and Services are based in the state of California in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
XI. WAIVER AND RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the "Classes and Facilities") of NVFIT and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group-based functional fitness and exercise equipment in association with the Classes and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
If in the subjective opinion of the NVFIT staff, you would be at physical risk using NVFIT Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish NVFIT with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing NVFIT concerns and stating that NVFIT concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless NVFIT, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all
responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of NVFIT Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using NVFIT'S Classes and Facilities, and should not be participating in any Classes.
XII. LINKS/THIRD PARTY WEBSITES
NVFIT has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the NVFIT logo, please understand that it is independent from NVFIT, and that NVFIT has no control over the content of that website and/or app. Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with NVFIT.
XIII. INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of NVFIT are proprietary to NVFIT and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, NVFIT. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of NVFIT, is strictly prohibited.
You acknowledge that NVFIT and/or third party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. NVFIT may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
XIV. TERM AND TERMINATION
(a) The term of the EULA commences when you install the and will continue in effect until terminated by you or Company as set forth in this Section.
(b) You may terminate this EULA by deleting the App and all copies thereof from your Mobile Device.
(c) NVFIT may terminate this EULA at any time without notice if it ceases to support the App, which NVFIT may do in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
a. all rights granted to you under this EULA will also terminate; and
b. you must cease all use of the App and delete all copies of the App from your Mobile Device and account.
(e) Termination will not limit any of NVFIT’s rights or remedies at law or in equity
XV. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will NVFIT be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of a NVFIT membership, your rights to cancel your purchase of a NVFIT membership, your registration for classes, your purchase of merchandise, your communication with NVFIT, and your use of and attendance at NVFIT's gyms, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if NVFIT expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by NVFIT on an "as is" basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. NVFIT provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
XVI. CHOICE OF LAW
The Terms are governed by the laws of the State of California, without regard to California's choice of law provisions. Except as provided above as to those Disputes you or NVFIT submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in California.
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
XVIII. ENTIRE AGREEMENT
XIX. CONTACT US
If you have any questions about this EULA you can reach us at email@example.com
By using any products or services offered or controlled by NVFIT Inc. (“NVFIT", "we", "us", or "our") or any information provided by us, including but not limited to your use of the NVFIT Mobile Application (the "App") or the website www.nevada.fitness (the “Website”), you acknowledge that you have read and agree to the terms in this disclaimer. If you do not agree with these terms, DO NOT USE OUR APP OR ACCESS THE WEBSITE.
ASSUMPTION OF RISK
Exercise is not without its risks and this or any other fitness program may result in injury. You expressly agree that the use of the App or Website is done at your own risk. The information published by us is for informational purposes only. Any reliance you place on such, you do at your own risk. You understand that while great care is taken to provide you with the best information possible, NVFIT makes no representations or warranties of any kind, express or implied, about the reliability, accuracy, completeness, security, or currency of the information provided.
NVFIT IS NOT PROVIDING PROFESSIONAL HEALTHCARE SERVICES.
Prior to using any services provided by NVFIT we ask that you consult your physician or healthcare professional. NVFIT will not be held liable for any health issues caused by your use of the App or the Website. Any information provided by NVFIT through the App or the Website is not intended to be, and must not be taken to be, the practice of medicine or medical advice. NVFIT does not claim to and will not be held responsible for diagnosing, treating, or curing any health condition. NVFIT’s services do not take the place of your healthcare professionals. Under no circumstances should you stop seeing your team of healthcare professionals.