Terms and Conditions - SpringSpot Inc.

Welcome to SpringSpot!  We look forward to empowering you and your family to improve your health and wellbeing.

 

1.    AGREEMENT TO THESE TERMS AND CONDITIONS

 

SpringSpot Inc. ("Company," "we," or "us") provides access to information through our website accessible at the URL https://www.springspot.co (the “Site”) and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the "Services").  The Site and Services are made available to you only under the following Terms and Conditions ("Agreement").

Please read this Agreement carefully.  This Agreement governs your relationship with SpringSpot Inc. (“SpringSpot”), a Delaware corporation.  By clicking “I Accept” in the registration or checkout process, you represent that you: (a) have read this Agreement, (b) agree to all terms of this Agreement, including without limitation, Section 12. ARBITRATION AND CLASS ACTION WAIVER and Section 13.  WAIVER, HOLD SPRINGSPOT HARMLESS, AND RELEASE OF LIABILITY, (c) have received a copy of this complete Agreement, and (d) consent to your use of an electronic signature to sign this Agreement.

 

You also acknowledge receipt of and agree to follow Section 5.  MINORS and Section 6 SPRINGSPOT COMMUNITY RULES governing your participation in SpringSpot’s programs and services.

 

You are responsible for all obligations, fees, and charges incurred by you pursuant to this Agreement, regardless of whether you regularly attend and/or use SpringSpot’s facilities and services.  Your failure to use SpringSpot’s facilities and services does not relieve you of these obligations, fees, and charges.

 

Please note that under California law: You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays.  To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect.  The notice shall be sent to SpringSpot Inc. via first-class mail to 55 E. 3rd Ave, San Mateo, CA 94401, via email to info@springspot.co from an email address on file with Company, or delivered in person to a Company staff member during its hours of operation. See Section 7.  CANCELLATIONS for further information.

For Membership Plans, this Agreement is effective from the date you accept them (as described above) and will renew on a month-to-month basis until you cancel.  For Drop-In Classes, this Agreement is effective from the date you accept them (as described above), does not automatically renew, and terminates upon the completion of the class you purchased.  See 2.  SPRINGSPOT PLANS, PACKAGES, CAMPS AND BILLING TERMS for further information.

 

If you have any questions about this Agreement, you can reach us by email at info@springspot.co or by mail at 55 E. 3rd Ave, San Mateo, CA 94401 USA.  You can also speak to any Company staff member during hours of operation.

 

 

2.    ACCOUNTS AND ON DEMAND SERVICE

 

A.  Accounts 

 

In order to use certain features of the Site or Services, you must register for an account with Company (“Account”) and provide certain information about yourself as prompted by the Site registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

B. On Demand Service 

The On Demand Content Service (“Content Service”) is offered through SpringSpot’s Site. The Content Service provides a platform to enable users to access and watch or listen to live and on-demand adult and kids fitness and wellbeing classes and content on their personal computer, mobile device or TV.

 

Subject to this Agreement, SpringSpot hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use the Content Service, solely in the manner intended by SpringSpot. Unless otherwise specified in writing, the Content Service is solely for your personal use and not for resale. SpringSpot reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Content Service (or any portion thereof); and (ii) modify or discontinue providing the Content Service (or any portion thereof).

 

SpringSpot’s policy with respect to the collection and use of your personally identifiable information is set in our Privacy Policy. By accepting this Agreement, you acknowledge your agreement with SpringSpot’s Privacy Policy.

 

 

3.     SPRINGSPOT CLASSES, CAMPS, MEMBERSHIPS AND BILLING TERMS

SpringSpot offers different options for our Live Online Classes or Events ("Classes"), multi-day interactive Classes for Kids ("Camps"), and for our Content Service.  With a Kids Camp Membership, one student may attend Camp each month and purchase an additional Kids Camp Box and receive unlimited access to all the on demand video and audio content during camp.  Additional membership benefits may be added over time. With a Family Bolt Membership, you receive all the benefits of one Kids Camp Membership, plus unlimited access to all the on demand video and audio content for Adults and Kids for one household and unlimited access to all Adults and Kids Classes per month.  Memberships are month-to-month contracts, paid at the time you sign up, and will automatically renew until you cancel (see Section 7.  CANCELLATIONS), but in no event will the contract exceed 36 months.

With Classes, it is on a one-time basis, and your credit or debit card will be charged when you sign up for the class or service.  For an event you're invited to, and do not pay for, you are still bound by these Terms and Conditions.  You may sign up for a class once it is published on the Site.  Drop-In Classes do not automatically renew and the contract terminates once the scheduled offering has completed.  You will not be given a refund for your or your child(ren)’s failure to attend the class, but you may receive a credit if you cancel pursuant to the Cancellation Policy below.

With a Class Package, you can purchase multiple classes in advance for a discounted price off the Drop-In Class rate.  Packages are valid for three (3) months from the date of purchase and are valid for any class offered through SpringSpot (except for special classes, workshops or events).

 

SpringSpot does not and cannot guarantee that any particular class or instructor will be available. SpringSpot reserves the right to reschedule or cancel any class for any reason without notice. SpringSpot expressly reserves the right to add, eliminate, or modify any program, class, or any optional amenity in its sole discretion.

 

Cancellation Policy for Classes:  In order to cancel a Class, you must notify SpringSpot by email at info@springspot.co at least 24 hours before the start of the class.  If you do not cancel at least 24 hours before the start of the class, that class will be forfeited, will not be returned to your account, and will not be refunded.

 

Camp Boxes and Kids Activity Boxes:  When you purchase a Camp Box or Kids Activity Box, SpringSpot may deliver or ship you certain materials that may be used during Camp or in conjunction with on demand instructional videos. Parents should supervise children in opening and using the materials contained in such boxes.

CERTAIN PRODUCT DISCLAIMERS.

WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS.  YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS.  FURTHER, ANY FOOD ITEMS INCLUDED IS NOT INTENDED FOR CONSUMPTION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.

 

 

4.         Payment Terms and Order Processing

 

a. Use of our Site and Services may require you to pay fees, and may provide you the option to activate recurring automatic payments for those fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged before you accept them. If you activate or update recurring payments, you authorize SpringSpot to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the payment due date for the accrued sums. You can cancel recurring charges by following the instructions in your account settings. It may take up to 7 business days for the update or cancellation to take effect.

 

b. All fees are in your local currency based on residence.  SpringSpot may change the fees for Services or any feature of the Services at any time. If SpringSpot changes the fees for the Services, including by adding additional fees or charges, you will be provided advance notice of those changes and the opportunity to accept the changes. If you do not accept the changes, SpringSpot may discontinue providing Services to you.

c. SpringSpot will charge the payment method you specify at the time of purchase. You authorize SpringSpot to charge all sums as described in this Agreement, for the Services you select, to that payment method and you agree to keep your payment information valid and up to date.

 

5.         MINORS 

 

SpringSpot is not a licensed childcare facility and is exempt from licensing pursuant to California Health & Safety Code section 1596.792.  SpringSpot provides children’s classes in accordance with the following restrictions:

 

  1. Parent On Premises At All times: You or another parent or legal guardian must be present on the premises at all times for your child to attend classes and use SpringSpot’s Services.

  2. Check In/Out: You must present picture identification confirming your date of birth and current location of your residence when dropping off and picking up your child.

  3. Age Limit: Your child must be at least 3 years old.

  4. Time Outs: If disciplinary action is necessary, a time out will be given as a temporary measure.  If a child continues to present a problem, you will be asked to remove your child from the class.

  5. Right To Refuse Service: SpringSpot may disqualify any child at any time during a class from participating in any and all activities, including if SpringSpot feels your child’s continued participation will jeopardize others.

By entering into this Agreement, you, as the parent or legal guardian, acknowledge and agree that your child(ren) will be bound by all terms and conditions of this Agreement, including Section 13.  WAIVER, HOLD SPRINGSPOT HARMLESS, AND RELEASE OF LIABILITY.

 

 

6.         SPRINGSPOT COMMUNITY RULES

 

  1. Do not use your cell phone during a SpringSpot class, except if needed to join class.

  2. Wear appropriate attire, including athletic shoes where appropriate, during class.

  3. Gym bags and personal items must be left in a locker room or a designated personal item area.  SpringSpot is not responsible for lost or stolen items.

  4. Be courteous to other SpringSpot members and staff at all times.

  5. Harassment of SpringSpot members and staff, on the basis of race or color, religion, religious creed (including all aspects of religious belief, observance and practice, including religious dress and grooming), national origin, sex or gender (including pregnancy and maternity), gender identity and gender expression, sexual orientation, marital status, physical disability (including HIV and AIDS) or mental disability, medical condition (including cancer, genetic characteristics and genetic information), age (40 and older) or any other basis protected by applicable federal, state or local laws, will not be tolerated.

  6. Smoking, drinking alcohol, and possessing or using illegal substances, including steroids, is not permitted at SpringSpot.  Impaired performance, of any type, is not permitted.

  7. Use the Service solely for lawful purposes

  8. Do not interfere with any other party’s use or enjoyment of a Session or use of Service

  9. Excessive noise should be minimized during classes.

  10. No freelance personal training is permitted.

  11. Animals (with the exception of qualified service animals such as seeing-eye and medical dogs, for persons with disabilities,) are not permitted at SpringSpot facilities or SpringSpot classes.

 

These rules may be changed from time to time by SpringSpot at its sole discretion.

 

 

7.         CANCELLATIONS

 

            A.         Your Right To Cancel

 

You may terminate this Agreement for any of the reasons described below.  You may use any of the cancellation methods provided in this Section.  Note that fees and charges for On Demand Services are non-refundable. 

 

(a) Five (5) Business Day Cancellation at the Beginning of this Agreement: You may cancel this Agreement for any reason within five (5) business days of the date of this Agreement and receive, within ten (10) days of SpringSpot’s receipt of your cancellation notice, a full refund of all fees and charges you have already paid. To be eligible for a full refund, you must cancel before midnight of the fifth (5th) business day after you sign this Agreement. 

 

(b) Regular Cancellation: After the first five (5) business days of this Agreement, you may cancel this Agreement at any time and for any reason.  The effective date of cancellation will be thirty (30) business days after SpringSpot receives your notice of cancellation.  You will still be able to schedule and participate in classes until the date of termination, but you will not be entitled to a refund for any classes that remain unused before the date of termination.

 

(c) Death or Disability: You or your estate also may cancel this Agreement because of death or disability and receive, immediately upon SpringSpot’s receipt of your cancellation notice, a refund equal to the pro rata value of any unused classes. Disability means a condition which precludes you from physically using SpringSpot’s services and the condition is verified by a physician.

(d) Permanent Closure:  You also may cancel this Agreement if SpringSpot is permanently closed and comparable services are not made available to you.  Should there be a permanent closure, and no transfer to an alternative service is made available to you, then this Agreement will terminate on the date SpringSpot closes, and you will receive within ten (10) business days a refund equal to the pro rata value of any unused classes.

 

(e) Services Not Provided: You may cancel this Agreement and receive a pro rata refund if SpringSpot fails to provide the specific services advertised or offered in writing by the time indicated other than due to a permanent closure.  If no time is indicated, you may cancel this Agreement within six (6) months after the execution of the Agreement and shall receive a pro rata refund.  If SpringSpot fails to meet a timeline set forth in this section, you may cancel the contract at any time after the expiration of the timeline.  However, if following the expiration of the timeline, SpringSpot provides the advertised or agreed-upon services, you may cancel the contract up to ten (10) days after those services are provided.

B.         How To Cancel

 

To cancel this Agreement, you must email or mail a signed and dated notice that states that you, the buyer, are cancelling this Agreement, or words of similar effect to: info@springspot.co or 55 E. 3rd Ave, San Mateo, CA 94401.  You may also hand deliver a signed and dated written notice of cancellation to a SpringSpot staff member during SpringSpot’s hours of operation.

 

C.         SpringSpot’s Right To Cancel

 

SpringSpot reserves the right to cancel this Agreement at any time:

 

  1. If you fail to comply with any of the SpringSpot rules, including 5. MINORS and 6. SPRINGSPOT COMMUNITY RULES.

  2. If your conduct is determined to be improper or harmful to the best interests of SpringSpot or other members;

  3. If any of your payment(s) due under this Agreement is late; or

  4. For any other reason not prohibited by law.

 

Termination of this Agreement in such cases is effective on the date SpringSpot emails a written notice of termination to you at the email address with which you registered for SpringSpot.  You will remain liable for financial obligations incurred by you prior to termination.

 

8.         COMMUNICATIONS

 

We may use your email address to send you messages notifying you of important changes to SpringSpot’s facilities or services or for SpringSpot special offers.  Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding SpringSpot’s facilities or services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.

 

9.         INTELLECTUAL PROPERTY

 

SpringSpot provides content on and through its Site that is copyrighted and/or trademarked work of SpringSpot or SpringSpot’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”).  Materials may include logos, graphics, video, audio, images, software and other content.  Subject to your compliance with this Agreement, SpringSpot hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use.  Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

 

10.       PHOTOGRAPHY

 

We may photograph, record on audio or video, or otherwise record your participation and use of SpringSpot’s Services.  You understand, acknowledge, and agree that you and your children may be photographed, recorded on audio or video, or otherwise recorded while using the facilities or services, and hereby agree and consent, on behalf of yourself and your children, for all purposes to the reproduction, and/or use in any manner of any such photograph, audio, video, or other recording or depiction of your likeness and/or voice whatsoever by us, and any nominee or designee of us or them, including without limitation any agency, client, periodical or other publication, in all forms of media, whether now or hereafter devised, throughout the world and in perpetuity, and in all manners, including without limitation advertising, trade, display, editorial, art and exhibition.  You further understand and agree that any such photograph, audio, video, or other recording or depiction of your or your children’s likeness and/or voice may be modified, altered, cropped and combined with other content such as images, video, audio, text and graphics, and hereby waive, on behalf of yourself and your children, any right that you may have to inspect or approve any finished image, video, or audio containing a depiction of your or your children’s likeness or voice.  You further agree that SpringSpot may use any information gathered through your or your children’s attendance at SpringSpot Classes, provided the information does not personally identify you, your children or provide facts that could lead to identification of you or your children, for any purpose, including without limitation research, product and program improvements, and statistical purposes.  You agree to hold harmless and indemnify SpringSpot, from and against any and all liability, damage, loss and/or claims of any kind or nature whatsoever, including, without limitation, any and all claims and demands relating to libel, invasion of privacy, and violation of publicity rights.

 

11.       ENTIRE AGREEMENT

 

This Agreement, including the Waiver, Hold SpringSpot Harmless, and Release Of Liability, constitutes the entire agreement between you and SpringSpot.  You acknowledge that there are no collateral agreements, promises, representations, or guarantees, oral or otherwise, not stated in this Agreement.  This Agreement replaces any prior agreements, promises, or representations between you SpringSpot, whether written or oral, that deal with the subject matter of this Agreement.  The failure of SpringSpot to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.  Except for Section 12. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, as stated in that section, if any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.

 

12.       ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

 

Please read this Arbitration Agreement carefully. 

 

(a) Purpose. This Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”) facilitates the prompt and efficient resolution of any disputes that may arise between you and SpringSpot.  Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.  This Arbitration Agreement provides that all disputes between you and SpringSpot shall be resolved by binding arbitration. Arbitration replaces the right to go to court.  In the absence of this Arbitration Agreement, you might otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorneys’ fees, if otherwise authorized by applicable law).

 

For the purpose of this Arbitration Agreement, “SpringSpot” means SpringSpot Inc. and its parent organizations, subsidiaries and affiliated companies, and each of their respective managers, owners, officers, directors, employees and agents.  The term “Dispute” means any dispute, claim, or controversy between you and SpringSpot regarding any aspect of your relationship with SpringSpot, 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 or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement and Class Action Waiver (with the exception of the enforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadest possible meaning that will be enforced.

 

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, 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, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

 

(b) Pre-Arbitration Dispute Resolution.  For all Disputes, you must first give SpringSpot an opportunity to resolve the Dispute.  You must commence this process by mailing written notification to SpringSpot at 55 E. 3rd Ave, San Mateo, CA 94401 USA. That written notification must include: (1) your name; (2) your address; (3) a written description of the Dispute; and (4) a description of the specific relief you seek.  If SpringSpot does not resolve the Dispute to your satisfaction within forty-five (45) days after it receives your written notification, you may pursue your Dispute in arbitration.

 

(c) Arbitration Procedures.  If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Dispute Resolution”) either you or SpringSpot may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration.  All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

 

For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules for Emergency Measures of Protection Shall apply.  The AAA rules are available at www.adr.org or by calling 1 (800) 778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules and 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.   This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action procedures or rules apply to the arbitration. 

 

Because your contract with SpringSpot, the Terms and Conditions, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to your Dispute.

 

(d) Exclusions from Arbitration/Right to Opt Out.  You have the right to opt out of this Arbitration Agreement, which means you would retain your right to litigate your disputes in a court, either before a judge or jury.  You or SpringSpot may choose to pursue a Dispute in court, and not by arbitration, if: (1) the Dispute qualifies, it may be initiated in small claims court; or (2) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS ARBITRATION AGREEMENT (the “opt-out deadline”).  You may opt out of this provision by mailing written notification to SpringSpot at 55 E. 3rd Ave, San Mateo, CA 94401 USA.  Your written notification must include: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with SpringSpot through arbitration.  Your decision to opt out of this Arbitration Agreement will have no adverse effect on your relationship with SpringSpot.  Any opt-out request received after the opt-out deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

 

(e) Arbitration Award:  The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding.  The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party.  Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA or applicable state law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

 

(f) Location of Arbitration:  You may initiate arbitration in either San Mateo, CA or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.  In the event that SpringSpot initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.

 

(g) Payment of Arbitration Fees and Costs:  SpringSpot will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys’ fees or expert witness fees.  Fees and costs may be awarded by the arbitrator as provided according to applicable law.  In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with SpringSpot as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from SpringSpot your actual and reasonable attorneys’ fees and costs as determined by the arbitrator.

 

(h) Class Action Waiver:  The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action, or private attorney general action) unless both you and SpringSpot specifically agree in writing to do so following initiation of the arbitration.  Neither you, nor any other SpringSpot members and/or user of SpringSpot’s facilities or services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated, or private attorney general proceeding without having complied with the opt-out requirements above.

 

(i) Limitation of Procedural Rights:  You understand and agree that, by entering into this Arbitration Agreement, you and SpringSpot are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court.  In the absence of this Arbitration Agreement, you and SpringSpot might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  You give up those rights.  Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration.  The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

 

(j) Severability:  If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.

 

(k) Continuation: This Arbitration Agreement shall survive the termination of your contract with SpringSpot and your use of SpringSpot’s facilities and services.

 

13.       WAIVER, HOLD SPRINGSPOT HARMLESS, AND RELEASE OF LIABILITY

 

SpringSpot encourages you to obtain a physical check-up from your doctor or health care practitioner before engaging in physical activities including participation in SpringSpot’s Classes or Services.  You acknowledge and agree that neither SpringSpot nor any of its personnel have provided you with medical advice and further warrant to SpringSpot that by participating in SpringSpot classes you have no medical condition which would prevent you from such participation.

 

(a) You Assume the Risk of Injuries and Losses:  SpringSpot Inc., its parent organizations, subsidiaries and affiliated companies, and each of their respective managers, owners, officers, directors, employees, and agents are collectively referred to as “SpringSpot”.  You understand that using SpringSpot Services, including SpringSpot exercise classes, fitness and exercise activities in general, and participating in SpringSpot-sponsored outside activities or events, involves the inherent risk of serious injury to you or your minor children and/or wards (for example, and without limitation, slipping and falling, heart attack, or serious neck and spinal injuries which could result in partial or complete paralysis or death).  In consideration of you and your minor children and/or wards being permitted to be present at and to use SpringSpot’s facilities and services according to the Agreement:


(1) you expressly and voluntarily accept and assume any and all risks of the following losses sustained because of being present at SpringSpot and/or utilizing SpringSpot’s facilities and services:


(i) any type of personal injury (including, but not limited to, physical injury, death, mental injury, emotional distress, and economic loss) and any related expenses and/or damages; and

 

(2) you agree that SpringSpot (as defined in Section 13(a) above) will not be liable to you or your spouse or partner or children and/or wards for any such losses (personal injury, personal effects, or property) regardless of whether such losses were caused by the negligence of SpringSpot or anyone else, and regardless of whether such losses were related to exercise or fitness-related activities. 


(b) You Agree to Defend and Indemnify SpringSpot:  You agree to defend, hold SpringSpot free and harmless, and to indemnify SpringSpot from and against any damages, liability, or other costs or expenses, including but not limited to attorneys’ fees incurred by SpringSpot in connection with any claims for personal injury, personal effects, or property (as defined above) by you, your spouse or partner, and/or your children and/or wards.


(c) SpringSpot Not Liable for Defective Equipment or Products:  You acknowledge, understand, and agree that: (1) SpringSpot does not manufacture any fitness, or any other equipment or product, used at SpringSpot locations; and (2) SpringSpot is not liable for any defective equipment or products that SpringSpot purchases or leases for use at SpringSpot locations. 
 

Last Updated: November 20, 2020

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