OPVS, Inc. is a private fitness facility. We do not require a contractual membership in order to use our facility. A member is considered to be anyone who is billed monthly for access to the space. We have no long-term contracts (see “Membership,”) but we do utilize recurring, automatic payments, which can be cancelled at any time with email notice to concierge@opvsfitness.com. Monies will be prorated from the date of cancellation.
INTRODUCTION
• AGREEMENT
These Terms of Service (these “Terms”) establish the terms and conditions that govern your access to and use of our gyms (indoor & outdoor), facilities, websites and mobile applications, including any content or information provided as part of these services (collectively referred to herein as the “Services”).
By accessing, browsing, downloading, using or registering for our Services, you are accepting and agreeing to be bound by these Terms and our Privacy Policy, and you are entering into a legally binding agreement with OPVS, Inc., and the family of companies operating under the OPVS, Inc. brand (collectively referred to herein as “OPVS” “we,” or “us”).
MEMBERSHIP AGREEMENT
As a convenience to me, I hereby authorize OPVS, Inc. to initiate debit entries to my account as agreed, until revoked by me in writing. I understand that a cancellation is effective the date of an email receipt to concierge@opvsfitness.com and monies will be prorated accordingly. In the event that a debit entry to my account is returned to OPVS, Inc. as unpaid, a $20.00 (subject to change) fee per decline will be added. Debits for monthly billing occur on the date you originally signed up for members from your credit card/debit card on file. Any changes made to the members billing information must be made prior to said date of the preceding month. To cancel this agreement, provide written notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Such notice shall be emailed to concierge@opvsfitness.com. You will receive confirmation that your cancellation has been processed and is complete. If you do not receive confirmation your account is still active. All accounts must be paid in full to be canceled. OPVS, Inc. does not accept cancellations in person, over the phone or any other way than by an email sent to concierge@opvsfitness.com. This Agreement and all the terms and conditions contained herein applies to the Member, his or her heirs, executors, administrators, assigns and to the Gym (OPVS, Inc), its shareholders, directors, officers, agents, and employees. Weight training and related exercise activities are inherently dangerous activities in which participants and other individuals are under constant risk. The Member is fully aware of the potential dangers incidental in engaging in the activity and instruction of Exercise Activities such as weightlifting, body building, dancing, yoga, swimming and any other exercise activity. In consideration of permitting this Member to join this Gym or to participate in Exercise Activity and/or instruction at these premises including the entire indoor/outdoor area and parking area, the Member agrees to voluntarily assume all liability and to indemnify the Gym for any death, injury or damage suffered by any person, including the Member, arising out of the Member’s activities at the Gym even if the death, injury or damage is caused by the Gym’s own passive or active negligence. THE MEMBER ACKNOWLEDGES THAT HE OR SHE HAS READ AND UNDERSTANDS BOTH PAGES OF THIS AGREEMENT. THE MEMBER IS FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING THIS AGREEMENT.You, the Buyer, may cancel this Agreement at any time prior to midnight of the 5th business day after the date of this Agreement, excluding Sundays and holidays. To cancel this agreement, provide written notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Such notice shall be emailed to conciege@opvsfitness.com.
• MEMBERSHIP
Your membership permits you to use the Gym premises, facilities, equipment and services (collectively called “Gym” facilities) and limited by the type of membership as shown on the agreement. The Gym membership provides facilities for weight lifting, cardio training, group exercise and other exercise activities depending on location. Hours vary by location and are subject to change. Amenities, services and parking vary per location and are subject to change. A Month-to-Month “CONTINUAL MEMBERSHIP” has no expiration date and requires a written notice that you the buyer are canceling this Agreement, or words of similar effect. Such notice shall be emailed to concierge@opvsfitness.com. Verbal and phone cancellations are not accepted. Cancelations in the gym are not accepted. Your membership is nontransferable and does not give you any rights in the management or operation of this Gym. The minimum age for membership is 15 years old with a parent/guardian signature. We reserve the right to terminate any membership at any time for any reason.
• PHYSICAL CONDITION
THE MEMBER REPRESENTS THAT HE/SHE IS IN GOOD PHYSICAL CONDITION AND HAS NO MEDICAL REASONS, IMPAIRMENT OR DISABILITY THAT MIGHT PREVENT HIM/HER FROM USING ALL GYM FACILITIES. THE MEMBER ACKNOWLEDGES THAT THE GYM DID NOT GIVE HIM/HER ANY MEDICAL ADVICE BEFORE JOINING WHICH MIGHT RELATE TO A MEMBER’S PHYSICAL CONDITION OR THE ABILITY TO USE THE GYM FACILITIES. IF THE MEMBER HAS ANY HEALTH OR MEDICAL CONCERNS, NOW OR AFTER JOINING, HE/SHE SHOULD DISCUSS THEM WITH A PHYSICIAN BEFORE USING THE GYM FACILITIES.
• FINANCIAL
A “CONTINUAL MEMBERSHIP” has no expiration date and the Member may cancel prior to the date of their original membership, of the month prior to the next debit date, after the initial debit. The Gym can sell memberships at different rates and terms than your membership. The Member must pay his/her dues even if he/she does not use the Gym facilities. OPVS, Inc. reserves the right to use a 3rd party collection agency if the member’s dues are unpaid after 90 days.
• DUES/FEE INCREASE
Unless the Member has a prepaid membership, the Gym may increase the dues and fees at any time. The Gym will email the Member written notice of the increase in the month before the increase takes effect to the member’s last known email address. The Gym does not offer lifetime guaranteed rates on renewals or monthly membership dues.
• OFFICE AND BUILDING PROCEDURES
1. The Member should be aware of his/her Electronic Fund Transfer (EFT) billing date (the day of each month when funds will be drawn on the Member’s account). A $20 fee (subject to change) will be added for any returned debit item(s) per decline.
2. Any changes made to the member's billing information must be made prior to the date of their original membership of the month prior to the next bill date.
3. The Gym is not responsible for billing errors if the error is brought to the Gym’s attention sixty (60) or more days after the date the error was billed.
4. The Gym reserves the right to re-debit a declined account.
• TAXES AND CHARGES
The Gym has the right but not the obligation to add to your dues and fees any tax that the local, state and/or federal government may impose or mandate including, but not limited to: use charges, value added taxes, service charges, healthcare taxes and or sales taxes. If the Member or Guest incurs any charges for goods or use of the facilities, the Member or Guest agrees to pay for them according to the gym rates and practices in effect.
• TRANSFER
Neither Member nor unauthorized agent will sell, assign, or transfer this Agreement, or his/her membership to the Gym, or any other right or privilege herein or therein contained.
• PERSONAL TRAINING
All personal training sessions and packages are purchased from OPVS, Inc. and not one individual trainer. All prepaid sessions are non-refundable and non-transferable. Scheduled sessions require a 24-hour cancellation notice or they will be charged. Prices are subject to change without notice and all sales are final.
• CANCELLATION/TERMINATION
To cancel this Agreement, provide written notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Such notice shall be emailed to concierge@opvsfitness.com. You will receive confirmation that your cancellation has been processed and is complete. If you do not receive confirmation your account is still active. All accounts must be paid in full to be canceled. OPVS, Inc. does not accept cancellations in person, over the phone or any other way than by an email sent to concierge@opvsfitnes.com. The Gym may, at its discretion, may terminate the membership if the monthly EFT payments are interrupted or discontinued for any reason; if the Member fails to follow any of the Gym policies and rules or violates any part of this Agreement; or if the Member’s conduct is improper or harmful to to the best interest of the Gym or any other members. The Member is liable for all financial obligations to that date. The Gym also reserves the right to terminate your membership for any reason without refund not stated in this Agreement nor as prohibited by law. The Member may not be allowed to use the Gym facilities after such cancellation. A Member’s heirs or representatives have the right to cancel this contract in the event of death of a Member. If the Member becomes disabled and unable to receive all services as contracted due to disability, the Member shall have an option to extend the duration of the contract for a period equal to the duration of the disability up to a maximum of six months. The Member agrees that in the event he she claims disability, he/she shall submit copies of his/her physician’s applicable records which precludes the Member from using the facilities or services of the Gym and the condition is verified by a physician legally authorized to practice medicine.
• LIABILITY FOR PROPERTY
The Gym is not liable to you or your guest for articles, including automobiles or their contents, that are damaged, lost or stolen while in or about the Gym premises including parking lots. If you or your guest cause any damage to the Gym facilities, you are liable to the Gym for the cost of repair or replacement.
• GYM CLOSURE
The entire Gym may be temporarily closed for holidays and for periods of up to two months each year for maintenance purposes without extensions to your membership. Closures ordered by local, state, or national government is not a cause for refunds of any kind. Should the facilities be unavailable for use at any other time, due to damage by acts of God, catastrophe, accident or other reason beyond the control of the Gym, the membership term will be extended for a period equal to the time of such unavailability. Specific areas may be closed for maintenance or remodeling purposes from time to time for up to 60 days without extensions or compensation to your membership.
• THE GENERAL RULES
The Member agrees to abide by all rules and regulations of OPVS, Inc. as it appears in this Agreement now in effect or to become effective at a future date. All signs posted in the gym or on the premises shall be considered a part of the rules and regulations.
1. Members are to always check-in either on the app or with the Concierge Manager on duty upon arrival or after returning to the Gym.
2. Members are expected to leave the premises by closing time.
3. No loud or abusive language permitted.
4. No alcohol, smoking, vaping or drugs are allowed on the premises.
5. No sale, distribution or promotion of prescription or non-prescription drugs.
6. No personal notice, advertising, or other literature, either posted or for distribution is allowed.
7. No adjustments to the television, radios, heater, air conditioner, fans, or other equipment.
8. Members must wipe down equipment after use and re-rack their weights.
9. Cups, papers, bottles, and trash must be disposed of in the proper receptacles provided.
10. Excessive smells are not allowed. Body odor, perfume etc.
11. Children under 15 are not allowed in the Gym.
12. There is a 30-minute limit on the cardio machines if others are waiting.
13. Equipment is to be shared at all times. This includes “Super Setting.”
14. Cell phone use must be non-disruptive to other members.
15. Members are not allowed to train or give instruction to other members.
16. No inappropriate behavior is allowed. Will result in immediate termination without refund.
• EXERCISE FLOOR RULES
1. Members must wear appropriate exercise wear and clean athletic shoes. Swimsuits, underwear, open toed shoes, street clothes, offensive attire and jeans are not allowed.
2. No food or drinks are allowed on the exercise floor.
3. No hard or black soled exercise shoes are allowed on the group exercise floor.
4. Members must replace all free weights on appropriate racks after use. Free weights are to be lowered carefully to the floor upon completion of the exercise. Abuse of any equipment will not be tolerated. Machines or bars may not be overloaded.
5. Members must use safety belts and/or stops whenever they are provided on any exercise equipment.
• LOCKER RULES
1. Items may never be stored in day-use lockers overnight. THE GYM WILL KEEP SAID ITEMS FOR A PERIOD OF 14 DAYS AND THEREAFTER DONATE TO THE LOCAL SHELTER.
2. Do not leave valuables in lockers. Should you forget the combination to your locker, you agree to sign a log stating as such on the day of the occurrence and subsequently present i.d. to the GYM employee to verify identity.
• PARKING
OPVS, Inc. is not responsible for lost or stolen items in your vehicle. OPVS, Inc. is not responsible for damage to your vehicle. All members assume their own individual liability for any personal items left in their vehicle or any damage to their vehicle while they are in the GYM and will hold the GYM harmless.
• ARBITRATION OF DISPUTES
IF THERE IS A DISPUTE OVER A MINIMUM OF $1000 BETWEEN THE GYM AND THE MEMBER, BOTH PARTIES AGREE TO SUBMIT THE DISPUTE TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION AT ITS OFFICE NEAREST TO THE GYM JOINED. THE ARBITRATION WILL BE CONDUCTED UNDER THE ASSOCIATIONS COMMERCIAL RULES OF ARBITRATION. THIS MEANS THAT NEITHER THE MEMBER NOR THE GYM CAN SUE ONE ANOTHER IN COURT OVER SUCH DISPUTES. THE MEMBER AND THE GYM AGREE TO HAVE A NEUTRAL ARBITRATOR DECIDE DISPUTES, NOT A JURY OR A JUDGE. EACH PARTY AGREES TO WAIVE THE RIGHT TO A JURY TRIAL AND TO APPELLATE REVIEW. THE ARBITRATOR MAY CONTINUE IN THE MEMBER’S ABSENCE IF, AFTER DUE NOTICE, THE MEMBER FAILS TO APPEAR. THE DISPUTE WILL COVER ANY ASPECT ARISING FROM OR RELATING TO THE MEMBERSHIP AND THIS AGREEMENT WHICH INCLUDES WITHOUT LIMITATION, FINANCIAL OBLIGATIONS, FACILITIES, REPRESENTATIONS, AND INJURIES.
• ENTIRE AGREEMENT CLAUSE
The Member acknowledges that neither the Gym nor anyone else has made any representations or promises upon which he/she relied that are not stated in this Agreement. This document contains the entire agreement between the Member and the Gym and replaces any oral or other written agreement. If a court of law declares any part of this Agreement invalid, it will not invalidate the remaining parts, which continue to be unaffected. If the Gym does not enforce any right in this Agreement for any reason, the Gym does not waive its right to enforce it later.
OBLIGATIONS
• ELIGIBILITY
To use the Services, you must be (a) eighteen (18) years of age or older; or (b) at least fourteen (15) years of age and using the Services with the prior written consent of your parent or guardian; and (c) located in the United States. By accessing or using the Services, including solely for browsing purposes, you are representing to OPVS, Inc. that you meet the foregoing eligibility requirements, and you or your parent or guardian, as applicable, have the legal capacity to enter into and be bound by these Terms.
• ACCESS TO THE SERVICES
The Services are controlled and operated by us from inside the United States, and are not intended to subject us or any of our partners to the laws or jurisdiction of any state, country or territory other than that of the United States. By using the Services and submitting any personal information, visitors from outside acknowledge that these Terms and the Services are subject to United States law and consent to the transfer of personal information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.
Access to some of the Services may be limited to OPVS, Inc. members, and access and use to such Services are subject to additional limitations that are set forth below.
• YOUR ACCOUNT
Some portions of the Services may require or invite you to create an account and log-in credentials, and you may not be able to access certain features or functions of the Services without creating and logging into an account. In some cases, the ability and right to create an account may be limited to persons who have a current OPVS, Inc. membership that is in good standing. By downloading or using our Services, you expressly agree that we may communicate with you regarding transactions you initiated on the Services, or respond to your communications to us through the Services by SMS, MMS, text message or other electronic means directed to your device. You are solely responsible for any activity on your account, whether or not you are a member of OPVS, Inc. You agree to provide true, accurate, current and complete information about yourself as requested by us upon creation of the account and you agree to update such information if it changes. You agree to use a strong, secure password and to keep the password confidential. If you are sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all financial activity. You also acknowledge that your account is not transferable, and you agree not to violate any applicable law or the terms of these Terms. You agree that you will notify OPVS, Inc. if you know or suspect any unauthorized use of your account, or any other breach of security related to your account or membership. OPVS, Inc. reserves the right to deny the creation of, suspend access to or terminate any account, and to removed or modify any of the content, features, functions or services available through the Services in its sole discretion, at any time, and without notice or liability to you. You agree that we may access, preserve and disclose your account information if required to do so by law or if we have a good faith belief that it is necessary to comply with legal proceedings, enforce these Terms, respond to claims that information provided by you violates the rights of others, respond to your requests for customer service, or protect the rights, property or personal safety of OPVS, Inc., its customers, or the public.
• PAYMENT AND FEES
Although the Services are currently provided for free (with the exception of access to and use of those Services which require you to hold a current OPVS, Inc. membership), you may be able to pay for goods and services through the Services. You are solely responsible for any charges incurred by accessing or using the Services, such as charges from your Internet service provider or wireless carrier, or charges for goods and services purchased through the Services, such as charges for training sessions, which may be billed to the credit card on file with your account. We may modify prices for goods and services available through the Services prospectively in our sole discretion. To the extent allowed by applicable law, these changes may be effective upon notice provided to you.
• YOUR CONTENT AND COMMENTS
You are solely responsible for any information or other content that you post or add to your account using our Services, including but not limited to images (“Your Content”). You represent and warrant that Your Content is accurate, current and complete, that you own or otherwise control all necessary rights to Your Content, and that you are not infringing on or violating any third party’s rights by posting it. Content that violates any of our policies may be deleted by us in our sole discretion.
Any comments, feedback, notes, messages, ideas, suggestions or other communications that you post on or submit through, or otherwise send to OPVS, Inc. as a result of, the Services, shall become and remain the exclusive property of OPVS, Inc. Your posting, submission or sending of any such communication constitutes an assignment to OPVS, Inc. of all rights, title and interest, including intellectual property rights, in and to such communication, and OPVS, Inc. shall have the right to use, reproduce, disclose, publish, modify, or otherwise exploit such communication for any purpose whatsoever, without any restriction or liability to you and without compensating you in any way, and you hereby waive any and all claims against OPVS, Inc. arising out of in connection with such communications to us.
• NOTICES
You agree that we may provide notices to you through (i) an email sent to the email address linked to your membership account or otherwise provided to us by you; or (ii) through other means including telephone or mail. You agree to keep your contact information current.
• INTELLECTUAL PROPERTY
The name, “OPVS, Inc.” and other marks, logos, designs, video, data, code, software, graphics, phrases, slogans, and other material, whether registered or unregistered, that we use in connection with our Services, including the arrangement, design, layout and look and feel of the Services, constitute the intellectual property of OPVS, Inc. and are protected by trademark, copyright and other applicable intellectual property rights and laws.
RIGHTS AND LIMITS
• SERVICE AVAILABILITY
We may change, suspend or end any Service, or change and modify prices in our sole discretion. We have no obligation to store, maintain or provide you with a copy of any content or information that you or any others provide, except to the extent required by applicable law. You are responsible for developing and maintaining your own records of any transactions conducted through our Services.
We do not warrant that the Services will be available or that our website will operate error free or that the Services, or any portion thereof, or the servers used in connection with the Services, are free of computer viruses and other harmful goods. If your use of the Services results in a need for servicing or replacement of your equipment or data, we are not responsible for those costs.
• THIRD PARTY SITES
You may be able to enable or log in to the Services through one or more third party sites or services, such as Yahoo or Facebook, and you may be able to access third party sites and services that link from our Services. When you enable or log in to our Services from such third party sites, those third party sites will provide us with access to certain information that you have provided to them, and we will use, store, access and disclose such information pursuant to the terms of our Privacy Policy.
We make no representation or warranty about, and you release us from any liability for the content, features, operation, accuracy, reliability, completeness or timeliness of third party sites, including social media networks and applications, that link from our Services, and any claims, demands, damages or liability arising out of disputes with such third party sites. Our link to a third party site through the Services, for login purposes or otherwise, should not be considered an endorsement by, or affiliation with OPVS, Inc. of such third party site, or its operators, owners, content, services or other offerings.
You are responsible for deciding if you want to access or use third party websites that link from our Services. Third party websites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other websites and services, and links from our Services are used solely at your own risk.
• APP STORES
If you download any applications designed for download and use on mobile, tablet, smart watch or other personal devices that we may make available as part of our Services (“Apps”) from a third party App store, such as the Apple App Store, or Google Play (each, an “App Store”), you acknowledge and agree that:
1. These Terms are an agreement between OPVS,Inc. and you, and not with the applicable App Store, and that subject to these Terms, OPVS, Inc., not the applicable App Store, is solely responsible for the App and its contents;
2. To the extent any maintenance or support services are required under applicable law or expressly contemplated by these Terms, OPVS, Inc., not the applicable App Store is solely responsible for such services and, subject to the terms and conditions of any agreement between you and an App Store, no App Store has any obligation to provide any maintenance or support services with respect to the Apps;
3. Each App Store may have its own terms and conditions to which you must agree before downloading an App from it, and the limited rights OPVS, Inc. grants you to use the App are expressly conditioned upon your compliance with such App Store’s terms and conditions;
4. The App Store is not responsible for addressing any claims you have relating to the Apps or your possession and use of the Apps;
5. OPVS, Inc., not the App Store, is solely responsible for any product warranties relating to the Apps, whether express or implied, to the extent not disclaimed or limited under these Terms;
6. In the event of any failure of the applications to conform to any applicable warranty, you may notify the App Store and the App Store may refund the purchase for the Apps to you; provided, however, that to the maximum extent permitted by applicable law, the App Store shall have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between OPVS, Inc. and the App Store, OPVS, Inc. responsibility;
7. If a third party claims that an App infringes on another party’s intellectual property rights, as between OPVS, Inc. and the App Store, OPVS, Inc. will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
8. Any claims that you or a third party may have relating to the Apps, or your possession or use of the Apps, including but not limited to product liability claims, any claims that the Apps fail to conform to any legal or regulatory requirement, and any claims arising under consumer protection or similar legislation shall be addressed to OPVS, Inc. and OPVS, Inc., not the App Store, shall be responsible for responding to such claims; provided, however, you acknowledge and agree that OPVS, Inc.'s responsibility for any of the foregoing claims is limited and disclaimed to the maximum extent permitted by applicable law, as further described in these Terms; and
9. The App Store and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license to the Apps, and upon acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
• THIRD PARTY SERVICES, EVENTS AND ACTIVITIES
Our Services may include information about, links and access to, and invitations to join us in certain events, activities and services (“Third Party Activities”). These Third Party Activities are offered and provided by third parties, not OPVS, Inc. and your attendance and participation in such Third Party Activities is solely at your own risk. FITNESS SF expressly disclaims any liability for any act or omission of any third party, including without limitation, any act or omission which arises out of or is in any way connected with your attendance, use of or participation in any Third Party Activities that you discover or register for through the Services, or the non-performance of any third party in connection with the Services or such Third Party Activities.
• LIMITS
OPSV, Inc. grants you the limited, non-exclusive, non-transferable and revocable right to access and use the Services solely for personal and non-commercial use, which grant is expressly conditioned upon your compliance with these Terms. Under no circumstances are you permitted to use the Services or any portion thereof for any commercial purpose or for the benefit of any other person or entity. You are expressly prohibited from copying, streaming, reproducing, archiving, downloading, modifying, publishing, distributing or making any derivative works of the Services or any portion thereof, other than as expressly permitted or contemplated by these Terms or the Services.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) using the Services for unintended purposes or trying to change the behavior of the Services; (iii) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (iv) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to FitnessSF.com. Violations of system or network security may result in civil or criminal liability.
You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to reverse engineer or attempt to obtain the source code of the Services or to navigate or search the Services other than through the search engine and search agents provided by us or generally publicly available browsers.
We reserve the right, in our sole discretion, to limit or terminate your access to the Services or any portion thereof at any time, for any reason or for no reason at all, without prior notice, or any notice.
DISCLAIMERS AND LIMITATION OF LIABILITY
• NO WARRANTY
OPVS, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES AND, TO THE EXTENT ALLOWED BY LAW, WE (I) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT; (II) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS OR BE ACCURATE, SECURE OR TIMELY; AND (III) PROVIDE THE SERVICES ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. Some of the Services may not be available to you based on residency, geographic location or other eligibility criteria. Some states do not allow the disclaimer of certain warranties, so the foregoing disclaimers may not apply to you.
• EXCLUSION OF LIABILITY
You agree that, to the extent permitted by law, your sole and exclusive remedy for any dissatisfaction or problems with the Services is to stop using and, where applicable, uninstall the Services.
TO THE EXTENT PERMITTED BY LAW, FITNESS SF, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “FITNESS SF PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF USE, DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, ARISING OUT OF THE SERVICES OR THESE TERMS.
TO THE EXTENT THAT OPVS, INC. IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION TO THE SERVICES OR THESE TERMS, IN NO EVENT SHALL OPVS INC.'S LIABILITY FOR SUCH DIRECT DAMAGES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, ONE HUNDRED U.S. DOLLARS ($100). Except for any liability of OPVS, Inc. pursuant to the preceding sentence, you acknowledge and agree that the other OPVS, Inc. Parties have no liability to you for any direct damages arising out of the Services or these Terms.
• HEALTH DISCLAIMERS
OPVS, Inc. is not a health care or medical provider and we aim to provide useful information, not professional medical advice. The Services are not medical devices and the features, services and content made available therein, including, without limitation, any suggestions, nutritional plans or information, regimens, exercises, workouts, recipes, advice, information or other materials are provided solely for general informational purposes, do not constitute medical advice, and are not intended to diagnose, treat, cure or prevent any disease or injury, or as a substitute for a professional medical evaluation.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPVS, INC. IS NOT RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY INJURIES OR DAMAGES THAT ARE SUSTAINED FROM YOUR PHYSICAL ACTIVITIES OR YOUR USE OF, OR INABILITY TO USE, ANY SERVICES OR FEATURES OF THE SERVICES, INCLUDING ANY CONTENT OR ACTIVITIES THAT YOU ACCESS, PAY OR REGISTER FOR OR LEARN ABOUT THROUGH OUR SERVICES, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF FITNESS SF, OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
TERMINATION
You may terminate these Terms at any time by ceasing to access and use the Services, and where applicable, uninstalling the Services. In the event that you decide to resume access and use of any of the Services, you shall be bound by the current Terms. We may, in our sole discretion and for any or no reason, suspend, restrict or terminate your access to and use of the Services, or any part thereof, at any time and without prior or any notice or liability to you. On termination, you will lose the right to access or use the Services. Upon termination, the sections of these Terms relating to intellectual property, governing law, severability, your account, disclaimer of warranties, limitation of liability, and indemnity, and any other provision which by its nature is intended to survive, shall survive termination.
INDEMNIFICATION
You agree to indemnify, defend and hold the OPVS, Inc. Parties harmless from and against any and all third party claims, liabilities, demands, damages and costs (including but not limited to reasonable attorneys’ fees) arising out of or in connection with your use of or access to the Services, your breach of these Terms, or any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without your authorization.
DISPUTE RESOLUTION
• CLASS ACTION WAIVER
By using the Services, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not on a class-wide basis or in any class, representative or consolidated action. 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 OPVS, Inc.. You agree that the arbitrator of any dispute between you and 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 any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth below shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
• GOVERNING LAW; ARBITRATION
You agree that the laws of the State of California, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms and/or the Services. In the event of any controversy or dispute between OPVS, Inc. and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute, claim, question, or disagreement directly through good-faith negotiation, which shall be a precondition to either party initiating a lawsuit or arbitration.
Except for claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; any claim for public injunctive relief, or actions seeking relief in any state or federal court for disputes related to a violation or possible violation of OPVS, Inc.'s intellectual property rights, all disputes 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 by a judge or jury in accordance with these Terms.
Any arbitration between you and us, to the extent necessary, will be conducted in Los Angeles County, California, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum. The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved: (i) the arbitration will be conducted by telephone, online or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (ii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of the Services:
• You are giving up your right to have a trial by jury;
• You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
• You must file any claim within one (1) year after such claim arose or it is forever barred.
If this arbitration provision is found to be null and void, then all disputes arising under these Terms will be subject to the jurisdiction of the state courts of Los Angeles County, California, and the federal courts of Los Angeles, California, and you agree to personal jurisdiction in those courts and waive any objection to such jurisdiction or venue. This agreement to arbitrate will not preclude you or OPVS, Inc. from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or OPVS, Inc. from applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.
In the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.
GENERAL PROVISIONS
These Terms, the Privacy Policy and all other rules and policies posted through our Services set forth the complete and exclusive statement of agreement between you and OPVS, Inc., and supersede any and all prior understandings and agreements, whether written or oral, between us.
These Terms will be binding upon and inure to the benefit of the parties, and their respective successors and assigns. We may, in our sole discretion, assign these Terms, and in such event we will post notice through our Services.
If any provision of these Terms or the application of such provision to any person or circumstance shall be held invalid, the remainder of these Terms or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and OPVS, Inc. by these Terms.
Headings in these Terms are for reference purposes only and do not in any way limit the scope or extent of such section.
We may amend, modify, add to, or remove terms of these Terms or the Privacy Policy at any time by posting amended terms through our Services. Your continued access or use of our Services constitutes your acceptance of such amended terms. These Terms may not otherwise be amended except through mutual agreement in writing by you and a representative of OPVS, Inc. who is authorized to agree to such amendment.
Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of these Terms.
If you are a California resident, in accordance with California Civil Code section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by contacting them by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
• HOW TO CONTACT US
If you want to send us notices or service of process, please contact us:
By email at: concierge@opvsfitness.com
By mail at:
OPVS, 8969 Santa Monica Blvd, Ste L, West Hollywood, CA 90069
ADDITIONAL TERMS FOR PERSONAL TRAINING SESSIONS
The following terms and conditions (these “Personal Training Terms”) apply to all personal training and small group training sessions originally purchased at any participating OPVS, Inc. location or through the Services (each, a “Session”). By purchasing, using, accepting or retaining a Session, you agree to these Personal Training Terms. OPVS, Inc. reserves the right to change, amend or terminate these Personal Training Terms or its personal training offerings, in its sole discretion, at any time with or without notice or liability to you.
• CANCELLATION POLICY
A OPVS, Inc. member that has made an appointment for a Session may cancel or change the time of the Session provided that a minimum of 24-hours’ prior notice is given. You can make these changes via the Training tab in your account to the Services, or by contacting your trainer directly. Members will be charged for the full cost of the session on any late cancellations or no-show appointments, and all Session sales are non-refundable and non-transferable.
• PAYMENTS
Payment for Sessions is required to be made by the member on or before the date of the Session. If a member has no Session inventory, charges for late cancellations or no show appointments for Sessions will be charged to the member’s credit card on file with OPVS, Inc.. In addition, charges for Sessions which are used by a member but not otherwise paid for will be charged to the member’s credit card on the day the Session is used.
• DISCOUNTS
OPVS, Inc. may offer discounts on Sessions to members who purchase a package of Sessions. These discounts only apply to the number of Sessions purchased as a group. Any further or additional Sessions will be charged at the regular rate than in effect for individual Sessions.
• REDEMPTION
You may obtain information on your balance of Sessions in the Training tab in your account to the Services or at any OPVS, Inc. location. Sessions may not be redeemed for cash.
• EXPIRATION POLICY
All sales are final. Sessions expire 12 months from the date of purchase and may be reactivated with an email to concierge@opvsfitness.com.
ADDITIONAL TERMS FOR GIFT & PROMOTIONAL CARDS AND PROMOTION CODES.
• GIFT CARDS
The following terms and conditions (these “Gift Card Terms”) apply to any OPVS, Inc. gift card originally purchased through the Services or at any participating OPVS, Inc. location (each a “Gift Card”). By purchasing, accepting, retaining or using a Gift Card, you agree to these Gift Card Terms. OPVS, Inc. reserves the right to change, amend or terminate these Gift Card Terms or its Gift Card offerings, in its sole discretion, at any time with or without notice or liability to you. Your use of the OPVS, Inc Gift Card is limited to the current dollar value held on the card. You may obtain your balance by presenting your Gift Card at any OPVS, Inc. location. Except to the extent required by applicable law, Gift Cards may not be redeemed for cash.
You may use the Gift Card only to purchase eligible merchandise and pay for eligible goods and services at any OPVS, Inc. location (excluding cafes, juice bars, etc.), or if available, through the Services. You may not return, resell or use any Gift Card for any unauthorized advertising, marketing, sweepstakes or other promotional purposes. The Gift Card has no expiration date, service charges or dormancy fees. These Gift Card Terms do not apply to gift cards or other stored value cards that are given away for free or distributed as a reward, incentive, or as part of a marketing or promotional program (“Promotional Cards”). Promotional Cards may have different terms and expiration dates, to the extent permitted by applicable law. See below for terms and conditions applicable to Promotional Cards. Protect your Gift Card as if it were cash and safeguard it from unauthorized use. Except where required by applicable law, FITNESS SF is not responsible for and will not replace Gift Cards if lost, stolen, damaged or destroyed. OPVS, Inc. reserves the right, in its sole discretion, to suspend or terminate use of any Gift Card if we suspect any fraud or misuse of a Gift Card. OPVS, Inc. may cancel the Gift Card at any time, without notice or liability to you. The consideration paid for the Gift Card, including any unredeemed balances, is the property of OPVS, Inc.
TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FITNESS SF MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OPVS, INC. DISCLAIMS ANY RESPONSIBILITY FOR ANY LOSS OF ANY KIND ARISING OUT OF YOUR USE OF ANY GIFT CARD. IN THE EVENT A GIFT CARD IS NOT FUNCTIONAL, YOUR SOLE REMEDY AND OPVS, INC'S SOLE LIABILITY SHALL BE THE REPLACEMENT OF THE OPVS, INC. GIFT CARD AT ITS THEN-CURRENT VALUE.
If any one or more of the provisions of these Gift Card Terms shall be for any reason whatsoever held invalid by a court of competent jurisdiction, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of these Additional Terms for Gift Cards.
Except as specifically stated otherwise, these Gift Card Terms, together with the Terms, set forth the entire understanding relating to the subject matter hereof, and supersede all prior understandings, written or oral.
These Gift Card Terms shall be governed by the laws of the State of California, excluding its conflict of laws rules.
1. PROMOTIONAL CARDS AND CODES
The following terms and conditions (“Promo Terms”) apply to any OPVS, Inc. gift cards, Promotional Cards or other stored value cards or promotion or discount codes that are given away for free and distributed, published, issued, or broadcast (whether through the Services or otherwise) directly or indirectly by OPVS, Inc. as a reward, incentive or as part of a marketing or promotional program (each a “Promo”).
You may use the Promo only to purchase eligible merchandise and pay for eligible services at any OPVS, Inc. (excluding cafes, juice bars, etc.). You may not use a Promo to pay for membership dues.
Your use of a Promo is limited to the current dollar value held on the card, if any, and subject to any additional restrictions or limitations set forth in the Services. Promos may not be redeemed for cash.
You may not return, resell or use any Promo for any unauthorized advertising, marketing, sweepstakes or other promotional purposes.
All Promos will expire 90 days after the issuance date, unless a different expiration date is expressly set forth on the Promo itself or otherwise published on the Services.
OPVS, Inc. is not responsible for and will not replace Promos if lost, stolen, damaged or destroyed.
OPVS, Inc. reserves the right, in its sole discretion, to suspend or terminate use of any Promo if OPVS, Inc. suspects any fraud or misuse thereof. OPVS, Inc. may cancel any Promo at any time, without notice or liability to you.
NO WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPVS, INC MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROMOS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OPVS, INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY LOSS OF ANY KIND ARISING OUT OF YOUR USE OF ANY PROMO.
If any one or more of the provisions of these Promo Terms shall be for any reason whatsoever held invalid by a court of competent jurisdiction, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of these Promo Terms.
Except as specifically stated otherwise, these Promo Terms and the Terms, set forth the entire understanding relating to the subject matter hereof, and supersede all prior understandings, written or oral.
These Promo Terms shall be governed by the laws of the State of California, excluding its conflict of laws rules.