Last modified June 14, 2021. Effective June 14, 2021.
Peerfit is a universal account for wellness. Through our platform and mobile application, you gain easy access to a variety of services and experiences, empowering you to personalize your journey to wellness, so you can lead a more active and healthier lifestyle. Peerfit, the market leader in connecting employers and carriers with flexible fitness experiences, has committed to redefine wellness by giving access to a variety of personalized wellness and fitness experiences all under one account, making wellness more accessible and enjoyable.
Please note that Peerfit is not a health plan, health plan provider or a health insurance company. Employers and health plans do offer Peerfit Services to their employees and members. Should you have any questions about your benefits including health benefits or other employer offered benefits, please direct your questions to your employer or your health plan provider.
- 1. Eligibility. You must be eighteen or over to register as a member of Peerfit or use the Service. The Service is not intended for use by children under eighteen; if you are under eighteen years of age, please do not use the Service or register as a Member. Membership in the Service is void where prohibited.
- 2. Registration. In order to use the Service, you must register as a member (herein a “Member”) and provide to Peerfit certain basic information about yourself, which may include personal data such as your city, state and zip code, date of birth, gender, first and last name and a valid email address. You may also register with the Service through one of our social networking partners, such as Facebook. If you register through one of these partner websites, your personal information will be provided to Peerfit directly from your user account with such partner websites. By registering as a Member in the Service, you represent and warrant that (a) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration information and Content (as defined below) you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Service does not violate any applicable law or regulation. If any information provided by you is untrue, inaccurate or not current, Peerfit reserves the right to terminate your membership and use of the Service. As part of the registration process, you will be asked to provide your email address, which address will act as your log-in for the Service. Please note that Peerfit may refuse use of any email, username or password for any reason in its sole discretion, including without limitation, if such email, user name or password contains illegal, obscene or offensive language or is protected by trademark or other intellectual property rights or may cause confusion. You are solely responsible for the activity that occurs through the use of your email and account with Peerfit. You must notify us immediately of any breach of security or unauthorized use of your account or use of your password.
- 3. Term. This Agreement will remain in full force and effect while you use the App, or the Site, and are a Member. You may terminate your membership at any time, for any reason by following the instructions for Deleting Account on the Edit Profile page. Peerfit may terminate your membership and suspend or terminate your use of the Service for any reason, at any time, including, without limitation, if Peerfit believes that you are under thirteen years of age or you are in breach of any representation, warranty or covenant contained herein or in order to protect the App, the Site or other users from harm.
- 4. Payment. For Peerfit and Peerfit members, you may purchase additional credits outside of your monthly allotted credits. Certain Services may also be made available through the Site or App for a fee. All pricing information and payment terms will be communicated to you through the Site or App. Peerfit reserves the right to institute, or modify, applicable fees, including registration, membership or other fees at any time at its sole discretion, either for continued use of the Service or for any specific functionality. If Peerfit institutes any such fees, Your access to the Service or the specific functionality may be terminated or restricted if You do not choose to pay such registration or other fees. Peerfit is not a bank, money services business, or a payment processor. All payments for use of the Services are processed through a third-party payment services provider. Your relationship with Peerfit is separate from your relationship with the third-party payment services provider and the payment of any funds shall be governed by the terms of services of the third-party payment services provider.
- a. Third-Party Provided Plan. Enterprise, employer-provided, and/or Insurance wellness plan members may be subject to different payment terms, or other terms outside of this agreement. Refer to your benefits administrator or insurance wellness program documents.
- b. Individual Subscription Plan. The Peerfit Individual Subscription Plan and Monthly Membership Fee begin at the moment of purchase and automatically renew each month on the monthly anniversary date of your initial purchase. The Peerfit Individual Subscription Plan gives you access to the studios, gyms, and experiences within the Peerfit network and the ability to purchase credits that you can use to reserve classes. The number of classes reservable within the subscription time period is dependent on the number of credits purchased at the time of reservation. Once a class is reserved, payment may be required for the reservation and your credit card or method of payment may be charged, or a hold placed on funds within the account at the time of booking. Reservations may be cancelled up to the time of the class, however, any cancellation less than 12 hours before the class will result in the user being charged for the reservation.
- d. Reservation Cancellation. Reservations may be cancelled up to twelve (12) hours before the start of the class. Reservations cancelled within twelve (12) hours of the start of the class will be considered a late cancel and result in the forfeiture of the credits used to reserve that class. In some circumstances depending on the individual gym or studio’s policy, you will be unable to cancel a reservation and you will not be refunded nor receive any credits back. Peerfit will use commercially reasonable attempts to make you aware of such circumstances. For clarity, Peerfit will not refund any credits or any additional credits purchased as a result of a late cancel.
- 5. Use of the Site and Service. In accessing the Services, you agree that: (i) if you register as a Facility or Instructor, you may use the Service solely for your internal business purposes as permitted on the Service; or (ii) if you register as an individual Member or a Group, you may use the Service solely for your own personal non-commercial use. Use of the Services, materials, or information provided through the Services for any other purposes is prohibited without Peerfit’s prior written consent. Illegal and/or unauthorized uses of the App, the Site or the Services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- a. You acknowledge and agree that the Service, the Site, and the App may include advertisements, which advertisements may be targeted based on your personal preferences and activities as provided to the Service. Peerfit will not, however, provide your name or personally identifiable information to any such advertiser without your permission (See Privacy.) You agree that such advertisements are a necessary part of the Service.
- b. You are expressly prohibited from copying, modifying, distributing, transmitting, displaying, reproducing, publishing, licensing, creating derivative works from, linking to or framing on another website, using on any other website, or transferring or selling the Site or its content without Peerfit’s prior written permission. This prohibition expressly includes, but is not limited to, the practices of “web scraping”, “screen scraping” and “data mining.” Furthermore, You are prohibited from using the content for any public or commercial purpose. You may not reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the Site or its content.
- 7. User Content.
- a. You may provide certain personal information, including personal images, and other material or content to Peerfit through and for use on the Service (“User Content”) and create your own profile page. You may not post, transmit, upload or publish any User Content that you did not create or have permission to post. You also consent to the use of your image(s) if included in the User Content and represent that you have obtained the consent of every individual who may appear in your User Content. Please note that even if you restrict access to your profile page or make your profile page a private page, your name will appear as a Member of Peerfit.
- b. You understand and agree that Peerfit, may review and delete any User Content that in the sole judgment of Peerfit, violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- c. YYou are solely responsible for the User Content that you upload, publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- d. You will retain ownership rights in your User Content. However, by posting User Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Peerfit, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license in perpetuity, to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing as necessary for the provision of the Service and Peerfit’s related business purposes.
- e. You are solely responsible for your use of the Service. Peerfit shall have no obligation to monitor User Content, but reserves the right to do so and to investigate and take appropriate action, including legal action, in its sole discretion, including without limitation, removing the offending communication from the App, the Site or the Service and terminating the membership of such violators. You agree that you will not provide User Content or otherwise use the Services in such a way that:
- i. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- ii. promotes information that you know is false or misleading
- iii. promotes illegal activities or conduct
- iv. constitutes stalking of any other user or is bullying, abusive, threatening, obscene, pornographic, defamatory or libelous or violates the rights of any third-party, including a party’s right of privacy or publicity;
- v. provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses; and
- vi. solicits or collects passwords or personal identifying information for commercial or unlawful purposes from other users.
- vii. interfere with, or attempt to interfere with, the normal operations of the App, the Site, the Services or any other user’s use of the same, including by deleting, altering or blocking another user’s postings, deliberately providing false information, overloading, flooding, spamming or crashing the Services or its underlying systems or by altering any profile or other information provided by any user;
- viii. post, share, link to or submit any content or material that is the protected health information of another as that term is defined by the Health Insurance Portability and Accountability Act;
- ix. use the Services for illegal file sharing or post, upload, distribute or share any User Content or other content that infringes the intellectual or other proprietary rights of any third-party.
- f. Even though all of the above is strictly prohibited, there is a chance that you might become exposed to other User Content that you find objectionable or offensive and you further waive your right to any damages (from any party) related to such exposure.
- g. You must use the Service in a manner consistent with any and all applicable laws and regulations.
- 8. Member Disputes. You are solely responsible for your interactions with other Peerfit Members. Peerfit reserves the right, but has no obligation, to monitor disputes between you and other Members.
- 9. System Requirements
- a. Peerfit supports these modern browsers for desktop:
- i. Chrome - Latest stable release
- ii. Safari - Latest stable release
- iii. Firefox - Latest stable release
- iv. Edge - Latest stable release
- b. The Peerfit app is available for these mobile platforms:
- i. iOS - Version 10 or higher
- ii. Android - Version 5.0 or higher with Google Play
- a. Peerfit supports these modern browsers for desktop:
- 11. Disclaimers.
- a. Health and Exercise Disclaimers. We urge you to consult your physician or other health care professional before starting any exercise or fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this or any other fitness program if your physician or health care provider advises against it.
- b. Please note that we do not review, qualify or warrant any workout program or materials provided on the Service, whether from a Facility, Instructor or other Member. You are solely responsible for your use of any such program or materials. Regardless of the workout program, you should warm up for a few minutes prior to starting any exercise. Always exercise at a level at which you feel comfortable. If you experience discomfort, faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
- c. The recommendations, instructions and advice contained on the Site or through the Service are in no way intended to replace or to be construed as medical advice, diagnosis or treatment, and are offered for informational and entertainment purposes only. If you have any concerns or questions about your health, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of any content you may obtain through the Site or Service. The use of any information provided on the Site or through the Service is solely at your own risk.
- d. You acknowledge that there is a risk of injury associated with any exercise activity. Always use safe techniques and protective equipment when engaging in exercise. If you are unfamiliar with or do not understand the proper techniques and/or use of equipment for the exercises you intend to perform, please seek advice and assistance before performing them. Peerfit is not responsible or liable for any injury that may result from improper use of any workout programs provided on the Service or any exercise program or activity in which you participate arising from the use of the App, the Site or Service. By using the App, the Site and/or Services, you agree to accept all risks associated with any workout programs or materials you obtain or participate in and that you will not hold Peerfit liable for any injury or illness that may occur.
- e. If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
- f. General Disclaimers. THE SITE AND SERVICE MAY CONTAINS INFORMATION, FACTS, OPINIONS, AND RECOMMENDATIONS OF VARIOUS INDIVIDUALS AND ORGANIZATIONS REGARDING GYMS, WORKOUT FACILITIES, INSTRUCTORS, SPORTS, HEALTH, AND FITNESS. PEERFIT AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT, AND DO NOT, GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF, OR OTHERWISE ENDORSE, ANY OPINIONS OR RECOMMENDATIONS OR ANY INSTRUCTORS OR FACILITIES THAT MAY PARTICIPATE IN OR BE LISTED ON THE SITE OR SERVICE.
- g. PEERFIT IS NOT A HEALTH CARE PROVIDER. PEERFIT DOES NOT OFFER ANY HEALTH RELATED SERVICES THROUGH ANY OF OUR SERVICE OFFERINGS NOR DOES PEERFIT PROVIDE MEDICAL ADVICE. NONE OF THE INFORMATION ON THE SITE SHOULD BE MISCONSTRUED AS PROFESSIONAL MEDICAL ADVICE OR SUBSTITUTED FOR PROFESSIONAL MEDICAL ADVICE. SHOULD YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR MEDICAL CONDITION PLEASE CONTACT YOUR HEALTH CARE PROVIDER. IN AN EMERGENCY, YOU SHOULD CONTACT 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER IMMEDIATELY.
- h. PEERFIT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR MEMBER OF THE SERVICE. PEERFIT ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. PEERFIT IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE AND/OR IN CONNECTION WITH THE SERVICE.
- i. THE SERVICE AND ALL CONTENT AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICE ARE PROVIDED "AS IS" FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PEERFIT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PEERFIT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. PEERFIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND INFORMATION ON THIS SITE OR ANY WEBSITE LINKED TO THIS SITE. NOR DOES PEERFIT WARRANT THAT THE SITE WILL BE ACCESSIBLE AT ALL TIMES OR IN ALL GEOGRAPHIC AREAS. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM PEERFIT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. FURTHER, PEERFIT DOES NOT WARRANT THAT THIS SITE OR THE SERVICE ARFE FREE FROM COMPUTER VIRUSES, WORMS OR OTHER HARMFUL EFFECTS. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK.
- 12. Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES SHALL PEERFIT BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO ANY PERSONAL INJURY OR DEATH, LOSS OF DATA, LOSS OF BUSINESS, LOST PROFITS OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE SITE (OR WEBSITES LINKED TO THE SITE), EVEN IF PEERFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PEERFIT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PEERFIT FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
- 13. Facilities and Instructors; Third-Party Services and Websites.Peerfit does not qualify, endorse, investigate or approve any Facilities or Instructors listed on the Service. You are solely responsible for ensuring that any such Facilities and Instructors from whom you purchase materials, such as workout materials, or services are qualified or meet your needs. In no event will Peerfit be responsible or liable for any materials or services provided by such Facilities or Instructors or for their failure to provide any such materials or services. The Site and Service may contain links to third-party websites that are not owned or controlled by Peerfit. Peerfit has no control over, and assumes no responsibility for, the content, privacy policies, products, services or practices of any third-party websites. In addition, Peerfit will not and cannot censor or edit the content of any third-party websites. By using the Service, you expressly relieve Peerfit from any and all liability arising from or in connection with your use of any Facility, Instructor or third-party websites. Facilities may, at any time, alter, amend or cancel their scheduled offerings without notice. As a result, a reserved class may be cancelled without notice to the subscriber. Peerfit accepts no liability for this cancellation beyond crediting your Peerfit account with credits equivalent to the value of the cost of the reservation.
- 14. Disputes. If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida.
- 15. Indemnity. You agree to indemnify and hold Peerfit, its subsidiaries, affiliates, and their respective officers, agents, representatives and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, due to or arising out of your use of the App, the Site or the Services and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- 16. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Peerfit and any User of the Service.
- 17. Location of Service. The Service and Site is controlled and offered by Peerfit from its facilities in the United States of America. If you reside outside of the United States, please note that U.S. law governs Your use of the App, the Site and the Services and the sharing of information within the App, the Site and Services. Without limiting the generality of the foregoing, Peerfit is based within the United States and does not offer goods or services to individuals in the European Union or monitor behavior of individuals within the European Union.
- 18. Feedback. You understand and agree that any ideas or suggestions for improvements to the Site or Service, including without limitation, enhancements, new functionality or concepts, shall be owned by Peerfit. Peerfit shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to You.