Last Updated July 30, 2018
a) Acceptance of Terms. By accessing and/or using the Site or Classes, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Classes.
b) Amendment of Terms. ClassPass may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon ClassPass posting the updated Terms. Your continued access to or use of the Site or Classes after the posting of the amended Terms constitutes your consent to be bound by the Terms as amended.
2. ClassPass Platform
a) ClassPass Platform. The ClassPass platform enables consumers to reserve, schedule, purchase, access and attend a wide range of fitness, recreational and wellness Classes offered and operated by fitness studios, gyms, trainers, venues or other third parties (collectively, “Venues“). ClassPass itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, operate or control any of the Classes that are offered at or through such facilities.
b) Membership Options. There are a number of ways to participate in ClassPass, such as various subscription plans, promotional plans, and non-subscription purchases. These options consist of different classes, services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. From time to time we may permit non-subscribers to access certain classes, services, content or features for a cost or at no cost. ClassPass makes no commitment on the quantity, availability, type or frequency at which such classes, services, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
c) Subscription Plans. To enjoy full access to the Site and Classes, you need to sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a “Subscription Cycle“). Your ClassPass subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your ClassPass subscription on April 5, your subscription will automatically renew on May 5 (as further explained in “Subscription Cycles,“ below). You must provide us with a current, valid, accepted method of payment (“Payment Method“). We may update the accepted methods from time to times. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until canceled or terminated.
d) Use of Credits. Depending on the subscription plan you choose and purchase, you will be allotted credits to be used solely to book Classes each Subscription Cycle. You can choose how you use your credits across the various Classes available to you.
Credits expire at the end of each Subscription Cycle, meaning that any credits you don’t use during the applicable Subscription Cycle will not roll over into future months, unless we expressly communicate otherwise. You can find more information about the current rollover policies here. You can see how many days you have left in each Subscription Cycle in your account settings. If your subscription is canceled or terminated your unused credits will expire immediately. There will be no refund or payment for any unused amount. When your cycle automatically renews for the next month, you’ll automatically receive your new allotment of credits. If you have any questions about how to use your credits, please contact us and we can help you.
Credits have no cash value or any other value outside of the ClassPass platform and are not redeemable for cash. For the avoidance of doubt, the credits do not operate or serve as stored value facilities in any way. You may not transfer, trade, gift or otherwise exchange ClassPass credits. Note that separate from credits, you can also buy a gift certificate. Gift certificates and credits are not the same thing. Our gift certificates are called “gift cards“. Unlike credits, gift cards never expire. Gift cards are discussed further in Section 4(b) below.
e) Class Availability and Allocation. The exact number and type of Classes you take during any Subscription Cycle will depend on the number of credits needed to book the particular Classes you select. The number of credits needed to book a particular Class will vary and is determined based on a variety of factors, including but not limited to Venue requirements, time of day, equipment, facilities, the number of times you've visited a studio in the cycle, location, pricing, popularity and other characteristics. For example, a Class offered at a peak time is likely to require more credits to book than the same Class offered in the middle of the afternoon. Or, a Class that uses equipment is likely to require more credits to book than a class without the use of any equipment. Furthermore, a Venue may require more credits for a certain Class under certain circumstances, such as when the Venue makes only a small number of spots available to ClassPass or after multiple visits in a cycle. Note that credits needed to book Classes also vary from city to city. Accordingly, if ClassPass permits you to reserve classes in a city that differs from your home location, your credits may enable you to reserve more or fewer classes when you are traveling from your home location. As such, the number of credits you need to reserve a particular Class or service may change at any time or vary day to day depending on the factors described here. ClassPass also reserves the right to change the number of credits you receive, including per cycle, plan, geography or otherwise; the number of reservations you can make; and/or the number of Classes you can miss or cancel.
ClassPass does not guarantee the availability of particular Venues, locations, Classes, services, experiences, content, inventory, spots or other features, and availability may change over time and at any time (including during the course of any given Subscription Cycle). The type, quantity, credits, allocation and availability of Venues, classes, and other inventory offered, are determined by ClassPass in its sole discretion. ClassPass takes certain steps to release, promote and otherwise make available spots and inventory at varying times and in an ongoing and evolving way.
f) Digital Classes. ClassPass may allow you to access to a variety of audio or video Digital Classes from your computer or mobile device, via live stream and/or on demand. To access these digital Classes, you need to comply with certain technical and hardware requirements. Certain digital classes may involve your participation through connected devices such as heart rate monitors. If you participate in such digital Classes through a connected device, we may collect heart rate and other metrics (e.g., points) to calculate your ranking in a Class leaderboard (if you sync your heart rate monitor to the Site), display a record of your participation, and otherwise provide, learn about and improve the Site and our services. If you sync your heart rate monitor with the Site to participate in digital Classes, you will automatically be part of the leaderboard experience, and other participants in the class will see your profile information (including your profile picture and username) and rank in the class. Additionally, your profile information may appear on our Site and be viewable by other ClassPass users. For example, ClassPass may show a weekly leaderboard displaying the profiles of the ten users who have the highest cumulative point totals for the week. If you do not want your profile picture or username to be seen by other ClassPass users, don’t include any identifying information in your profile, or go to your settings to change it. ClassPass is not responsible for the accuracy of the heart rate monitor used in connection with the digital Classes. The heart rate recommendations and goals provided through these digital Classes may not be right for you and it is solely your responsibility to make sure that you participate in the manner and at the intensity level that is right for you.
g) Non-Subscription Purchases. ClassPass may permit you to purchase certain products or Classes through the Site, in addition to your subscription or without having a subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.
h) Co-Memberships. From time to time ClassPass may permit you to sign up for a co-membership that provides you with a membership to ClassPass as well as a membership to a third-party Venue, such as a gym (“Venue Membership“). If you sign up for a co-membership, you will be subject to these Terms as well as additional terms applicable to the co-membership and the Venue Membership. You understand and agree that ClassPass does not own, operate or control the Venue Membership and is not responsible for the Venue Membership, which is provided entirely by the applicable Venue.
i) Use of ClassPass. Your ClassPass account is personal to you and you agree not to create more than one account. You cannot transfer or gift Classes or credits to third parties or allow third parties to use your ClassPass account, including other ClassPass users. You must not use or exploit the Site and/or Classes for commercial purposes. To use your ClassPass membership you must have access to the Internet. We continually update and test various aspects of the ClassPass platform. We reserve the right to, and by using the Site and/or Classes you agree that we may, include you in or exclude you from these test without notice. You understand and agree that ClassPass may take actions we deem reasonably necessary to prevent fraud and abuse.
You agree that the information you provide to ClassPass at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the Internet and may be required to download a ClassPass mobile application to use some or all of ClassPass features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Classes.
j) Eligibility Criteria. The availability of all or part of our Site and/or Classes may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to ClassPass or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this Site and/or Classes and/or to purchase a ClassPass subscription. You further understand that the Site and/or Classes may not be available in every geography.
j) Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization“), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
3. Fees, Billing, Cancellation.
a) Recurring Billing. By initiating a ClassPass subscription, you authorize us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes or cancellation or late fees, as further explained below. Note that even if you do not use the subscription or access the Site and/or Classes, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.
b) Subscription Cycle. When you sign up and purchase your ClassPass subscription, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we'll make adjustments to the amounts we charge, as appropriate). In the event your paid subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your ClassPass subscription or became a paying member on 31 January, your next payment date is likely to be 28 February, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your subscription.
c) Refunds. Generally (and without limiting our obligations or your rights under law, including the Australian Consumer Law), our fees (including the monthly membership fee and any other fees) are nonrefundable, unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund to subscribers for their current prepaid Subscription Cycle only in the following circumstances: (i) if you are cancelling your subscription and request a refund within 5 days of the date of your first payment for your subscription or (ii) if your subscription is cancelled prior to the end of a Subscription Cycle for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law. WE DO NOT PROVIDE REFUNDS OR MAKE GOODS FOR ANY PRIOR MONTHS INCLUDING FOR UNUSED CREDITS OR CLASSES.
d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the ClassPass website or mobile application or such other means as we may deem appropriate from time to time, such as email. ClassPass will provide advance notice of a price increase before it becomes effective (other than any increases due to legal or tax requirements such as the application of GST) by posting a notification on the Site, sending an email or such other means as ClassPass reasonably determines. If you do not cancel your subscription, you will be deemed to have accepted these new fees.
e) Payment Methods. You may edit your Payment Method information by logging onto our website or mobile app and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactive the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
f) Cancellation of Subscription. Unless we communicate otherwise, you may terminate your monthly subscription before your subscription renews by going into your accounts settings on the ClassPass website and letting us know you would like to cancel. Unless we communicate otherwise, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Subscription Cycle, unless you cancel and receive a refund, in which case your access will be terminated immediately. Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to ClassPass or to restrict your access in future months. If you cancel your subscription or it is terminated for any reason, you will lose access to all Classes, content, credits or features available through the subscription.
g) Other Fees. You are responsible for paying applicable fees if you do not cancel a Class you had reserved with appropriate notice or do not attend your scheduled Class. Click here for our current cancellation and missed Class rules, including the applicable fees. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee) and to change the amount of any such fees at any time.
h) Reservation and Cancellation of Classes. As a ClassPass user you must reserve and cancel your Classes only through the Site. The fees and charges associated with cancellations are set out in clause 4(a) below. It is a breach of these Terms if you reserve or cancel directly with a Venue, including through any online or mobile account you have with a Venue, independent of ClassPass. If you reserve or cancel directly with such Venue, we reserve the right to charge you the full amount that the Venue charges for such class and/or any applicable cancellation fees, and/or to terminate your subscription.
i) Fees Charged by Venues. In addition to fees we charge, Venues may also charge equipment or other amenity fees that you will be responsible for directly. For example, some Venues might charge extra to rent a yoga mat or cycling shoes. Further, ClassPass only gives you access to the class for which you signed up on the Site (and at the specified time and location). The Venue may have additional fees for use of additional classes or spaces.
a) Trials. From time to time we may offer a trial membership that includes access to the ClassPass Site during the trial period. Trials will have the duration and price communicated at the time you sign up. Unless otherwise communicated, a trial begins at the moment of sign up (even if you choose not to take your first Class until a later date) and ends at 11:59pm AEST on the last day of the trial (for a one-week trial, this would be the same weekday of following week). Each trial membership will automatically convert to a regular monthly subscription and monthly membership fee at the then-current rate unless cancelled by 12:00pm (midday) AEST on the day before the last day of trial. Customers that cancel and do not convert to a regular subscription may not attend classes taking place after the end of the trial membership period (even if booking occurred before the end of the applicable trial period). Trials, discount offers, and promotions (collectively “Trials“) may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless we expressly communicate otherwise, Trials are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited. You understand and agree that unless we expressly communicate otherwise, Trials are available only to new users that have never had a ClassPass account before and there is only one Trial permitted per credit card or payment method and it is a violation of these Terms to sign up for a Trial if you have signed up for an account or trial in the past or to have more than one account or trial at the same time. ClassPass reserves the right, in its absolute discretion, to determine your eligibility for a Trial. If in our discretion we believe you are not eligible for a Trial, we reserve the right to prevent you from signing up for a Trial or to terminate your promotional subscription. If we terminate your Trials because you have violated these Terms, you understand that you will not be eligible for a refund.
b) Gift Cards. From time to time we may make available ourselves or through third parties gift cards for ClassPass membership. The purchase and redemption of gift cards may be subject to additional terms and conditions. The current terms that apply to gift cards can be found here. Other than gifting a gift card as described in the gift card terms, you may not gift Classes or credits to the third parties and your use of ClassPass is personal to you.
c) Refer a Friend. From time to time we may make available certain incentives for ClassPass users to refer a friend to use ClassPass. The current terms that apply to referrals can be found here.
d) Other Promotions. ClassPass may offer additional types of offers and promotions which will be subject to additional terms and conditions that ClassPass may provide.
5. Termination or Modification by ClassPass
You understand and agree that, at any time and without prior notice ClassPass may (1) terminate, cancel, deactivate, disable, delete and/or suspend your subscription, your account, any orders placed, or your access to or use of the Site, your subscription and/or Classes (or any portion thereof, including but not limited to your access to any or all Venues, credits or classes or services) and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site, including of your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. ClassPass shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are subscriber, then upon any such termination by us without cause, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for classes or services already used) as your sole and exclusive remedy. If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of Classes and/or the Site or your subscription, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that ClassPass will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If ClassPass deletes your account for these reasons, you may not re-register for or use the Site and/or Classes under any other user name, email, payment method or profile. ClassPass may block your access to the Site to prevent re-registration.
7. Prohibited Conduct
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
- Harass, threaten, stalk, disrupt or defraud users, members or staff of ClassPass or Venues or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
- Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user's account or signing up for more than one account;
- Share ClassPass passwords with any third party or encourage any other user to do so;
- Permit anyone to use any classes or services booked under your own membership, including other members;
- Reserve or cancel any Class directly with a Venue, rather than through the Site;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
- Upload material (e.g. virus) that is damaging to computer systems or data of ClassPass or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Site;
- Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
- Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
- Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
- Link to, mirror or frame any portion of the Site;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
- Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- Make unsolicited offers, advertisements, proposals, or send junk mail or “spam“ to users;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
- Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.
ClassPass reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
8. User Submissions
a) General. The Site provides certain features which enable you and other users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions“). ClassPass does not guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to, share with or make accessible to the Site. You understand and agree that User Submissions may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of ClassPass' platform), including any Venue, may read or have access to your User Submissions. ClassPass is not responsible for the use or disclosure of any information that you disclose in connection with User Submissions, including any personal information. User Submissions are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, ClassPass. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not ClassPass, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
b) Right to Remove or Edit User Submissions. ClassPass makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. ClassPass may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that ClassPass determines in its sole discretion to violate the standards of this Site. ClassPass takes no responsibility and assumes no liability for any User Submissions.
c) License Grant by You to ClassPass. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to ClassPass, you hereby grant ClassPass and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “ClassPass Licensees“) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and ClassPass's (and its successors') business, for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
d) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying publishing them or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize ClassPass to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by ClassPass and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, ClassPass's or any ClassPass Licensee's use of such User Submissions pursuant to these Terms, and ClassPass's or any of ClassPass Licensee's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam“ or references to illegal activity, malpractice or false advertising; (c) violate any applicable law or regulation or these Terms; (d) exploits minors; or (e) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
e) Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that ClassPass does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT NEITHER CLASSPASS (NOR ANY MEMBER OF THE CLASSPASS GROUP OF COMPANIES (WHICH INCLUDES CLASSPASS INC. (USA) AND ANY SUBSIDIARY OF SUCH ENTITY), HAS ANY LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.
f) Feedback. If you provide ClassPass with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback“), ClassPass shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant ClassPass a perpetual, irrevocable, nonexclusive license to all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.
g) Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ClassPass may have at law or in equity.
h) ClassPass Ratings.You may be required to rate your Classes and/or other ClassPass experiences that you reserve.
9. Ownership; Proprietary Rights
The ClassPass website and mobile applications are owned and operated by the ClassPass group of companies. ClassPass, its subsidiaries, affiliated companies and/or third-party licensors own all rights in and to the content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by ClassPass (“Materials“) including all copyright, trade dress, patent rights, and trademark rights, rights under international conventions, and all other relevant intellectual property and proprietary rights, and other rights under applicable laws. For the avoidance of doubt, Materials does not include User Submissions. Except for any content uploaded by you (i.e. User Submissions), all Materials contained on the Site are the copyrighted property of ClassPass or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names used by us on the Site are proprietary to ClassPass or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by ClassPass, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials and may only access the Materials for your personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Materials. All rights not expressly granted in this Agreement are reserved.
10. Third-Party Sites, Products and Services; Links
The Site may include links or access to other web sites or services (“Linked Sites“) solely as a convenience to users. ClassPass does not endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, ClassPass makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Sometimes promotional plans are offered in conjunction with the provision of third party products and/or services. We are not responsible for the products and services provided by such third parties, and to the maximum extent permitted by law, use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT CLASSPASS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SITE.
11. Your Rights
Nothing in these Terms (including without limitation this clause 11) excludes, restricts or modifies ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW (INCLUDING the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth)) WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.
12. Disclaimers Relating to the Site
ALL ASPECTS OF THE SITE INCLUDING BUT NOT LIMITED TO ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS“ AND “AS AVAILABLE“ WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLASSPASS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL GUARANTEES, WARRANTIES, TERMS AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLASSPASS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY RECOMMENDATION, (III) THAT THE SITE, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (IV) THAT THE SITE, OR ANY ASPECT THEREOF INCLUDING ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
13. Disclaimer Relating to Services and Third Parties
CLASSES AND OTHER NON-CLASSPASS PRODUCTS AND SERVICES MADE AVAILABLE VIA THE SITE ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT CLASSPASS. CLASSPASS IS NOT A GYM, FITNESS STUDIO OR OTHER SERVICE PROVIDER, AND IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF THE CLASSES , IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO CLASSES. WITHOUT LIMITING THE FOREGOING, CLASSPASS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT ANY CLASS IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY CLASS OR RECOMMENDATION, (III) THAT ANY CLASS, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION.IN NO EVENT SHALL CLASSPASS BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER'S ATTENDANCE, USE OF OR PARTICIPATION IN A CLASS OR PRODUCTOR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY.CLASSPASS IS NOT AN AGENT OF ANY THIRD PARTY.
14. Assumption of Risk
YOU UNDERSTAND THAT CLASSPASS IS NOT A GYMNASIUM, PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO OR SIMILAR ESTABLISHMENT AND THE CLASSES THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE VENUE AND NOT BY CLASSPASS. CLASSPASS IS NOT RESPONSIBLE FOR THE QUALITY OF ANY CLASS PROVIDED BY A VENUE OR THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE FACILITY, INSTRUCTOR OR CURRICULUM). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE CLASS OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE AND/OR CLASSES ARE RIGHT FOR YOU.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE CLASSES YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING CLASSPASS (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLASS), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING CLASSPASS (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLASS) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE CLASSES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
YOU ALSO UNDERSTAND AND AGREE THAT THE SITE OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SITE AND/OR A CLASS IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SITE AND/OR A CLASS AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SITE AND/OR A CLASS. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH CLASSPASS IS SOLELY AT YOUR OWN RISK.
THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND CLASSPASS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE SITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SITE AND/OR A CLASS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS CLASSPASS, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY CLASS) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.
15. Indemnification; Hold Harmless
You agree to indemnify and hold ClassPass, its affiliated companies, and its suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns, harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of or in connection with your misuse of the Site, Classes, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants.
16. Limitation of Liability and Damages
SUBJECT TO CLAUSE 11 AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTHING IN THESE TERMS (INCLUDING BUT NOT LIMITED TO THE “DISCLAIMERS“ ABOVE AND LIMITATIONS OF LIABILITY BELOW) IS INTENDED TO EXCLUDE, LIMIT OR MODIFY ANY LIABILITY WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED (INCLUDING UNDER THE AUSTRALIAN CONSUMER LAW).
UNDER NO CIRCUMSTANCES WILL CLASSPASS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY NEGLIGENCE OF THIRD PARTIES, INCLUDING ANY VENUE WHERE YOU MAY REDEEM AN ELIGIBLE CLASS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE.
SUBJECT TO CLAUSE 11, CLASSPASS' LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS IS LIMITED TO THE GREATER OF (I) $50 AND (II)THE AMOUNTS, IF ANY, PAID BY YOU TO CLASSPASS UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE.
THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER CLASSPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Venue Waivers and Terms
Members taking Classes are deemed to agree to the liability waivers and terms of individual Venues. Your participation in any Class may be subject to additional waivers, policies, rules or conditions of the applicable Venue. ClassPass or the applicable Venue may restrict your access if you do not agree to or comply with such conditions or these Terms or as otherwise determined by a Venue. If you have questions about a Venue's waiver or other terms, please see the applicable Venue's website or contact the Venue directly.
18. Dispute Resolution
a) General. Generally, if a dispute arises between ClassPass and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ClassPass agree that the parties will resolve any claim or controversy at law or equity that arises out of these Terms or the Site (a “Claim“) in accordance with subsection (b) below or as you and we otherwise agree in writing. Before resorting to subsection (b), we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
b) Choice of Law; Forum. These Terms shall be governed and construed in accordance with the laws of the state of New South Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ClassPass must be resolved by a court of competent jurisdiction located in New South Wales except as otherwise agreed by the parties. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales for the purpose of litigating all such claims or disputes.
c) Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR“) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
a) Assignment and novation. We may assign or novate our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
b) Severability. Any provision of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of any remaining provisions is not affected.
c) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
d) Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and ClassPass relating to the subject matter herein.
e) Claims; Statute of Limitations. YOU AND CLASSPASS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND/OR OR THE SITE AND/OR ATTEDNANCE AT, PARTICIPATION IN, USE OF OR PURCHASE OF CLASSES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f) Disclosures. The services hereunder are offered by ClassPass Australia Pty Ltd with an address at: P.O. Box 20196, Greeley Sq. Station, New York, NY 10001 and email. Contact us here.
g) Waiver. No waiver of any of these Terms by ClassPass is binding unless authorized in writing by an executive officer of ClassPass. In the event that ClassPass waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of ClassPass to enforce the same at a later time.
h) Notices. Notices will be sent to you at the email address that you provided to ClassPass during the registration process. Notices may be sent to us here. Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.