The Gym LA Gift Agreement
Thank you for your purchase or receipt of an The Gym LA Gift Card (the or your "Card"), issued to you by Gym & Tone It, Inc dba The Gym LA (“The Gym LA”). The following The Gym LA Gift Card Agreement (the “Agreement”) describes the terms and conditions that apply to the prepaid account of your Card. By becoming The Gym LA member and using your Card, you agree to the terms of this Agreement between you and The Gym LA and its affiliates, subsidiaries, and related companies (collectively, “Affiliates”). All terms and conditions contained herein are applicable to the extent permitted by law. Card terms and conditions are subject to change without notice and some items may not be available for purchase. Please keep a copy of this Agreement for your records.
About your Card
Except as required by law or permitted by this Agreement, any amount on this Card is non-refundable and may not be redeemed for cash. No credit card, credit line, overdraft protection or deposit account is associated with the Card. No interest, dividends or any other earnings on funds deposited to your Card will accrue or be paid or credited to you by The Gym LA. The value associated with the Card is not insured by the Federal Deposit Insurance Corporation (FDIC) or any other governmental or quasi-governmental agency. We reserve the right not to accept the Card or otherwise limit use of the Card if we reasonably believe that such use is unauthorized, fraudulent or otherwise unlawful. Your Card may not be resold or listed for sale on online auction sites such as eBay or uBid.
Loading Value on your Card
You can load a dollar value on the Card by visiting an The Gym LA facility and by using a credit card online. You may load between $100 (USD) worth of value to your Card. This Card is not reloadable. If you wish to purchase additional value, you may purchase another Card and load between $100 (USD) worth of value on such Card.
The value loaded on this Card may be applied toward initiation fee(s) or membership dues in connection with fitness or personal training memberships at health and fitness clubs owned and operated by The Gym LA. Amenities vary by club. This Card may not be used to purchase other gift cards, goods such as beverages or apparel, or services offered by The Gym LA other than fitness or personal training memberships (e.g., Inbody assessments or guest access). This Card may be redeemed by non-members (to purchase a new fitness or personal training membership) or by members (to be applied as a credit for dues on an existing fitness or personal training membership). Because this Card may only be used for fitness or personal training memberships, if you are a non-member and you choose to redeem this Card, you must become an The Gym LA member and accept this Agreement to do so. At the time of enrollment, you must be 18 years of age or older, sign a membership agreement and pay first and last months’ dues (and fees for additional services purchased, if any) plus the initiation fee (if applicable) to join. Except as expressly set forth in this Agreement, once this Card is redeemed any remaining balance on this Card will be applied against your subsequent billing cycle(s) (or renewal, if this Card was redeemed for a paid-in-full membership) until the balance is depleted. After the initial redemption of a Card (of any value), any remaining balance on this Card may not be transferred to another person. This Card is valid and redeemable in the United States only.
Fees; Expiration of Card Balances
The Gym LA does not charge any fees for the issuance, activation, or use of your Card. Your Card has no expiration date.
Receipts and Statements
Cardholders are not sent statements of transactions from a Card account. You can check the balance of your Card by visiting an The Gym LA club and presenting it to the front desk staff. When you use your Card, you will receive a receipt if you request one, which will indicate that the purchase was made using a Card and will provide the remaining balance of your Card. You should keep your receipts to ensure that your account balance is correct.
Billing Errors; Corrections
We reserve the right to correct the balance of your Card account if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Card, please call us at (424) 248-8496. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Liability for Unauthorized Transactions; Lost or Stolen Cards
Because your Card is used like cash for purchases from The Gym LA, you are responsible for all transactions associated with your Card, including unauthorized transactions. If your Card is lost, stolen or destroyed, the Card cannot and will not be replaced.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us or any Affiliates arising out of or relating to this Agreement or your use of the Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that you may assert claims in small claims court if they qualify for hearing by such a court. However, even for those claims that may be taken to court, you and we both waive: (a) any claims to recover punitive or exemplary damages; (b) any right to pursue any claims on a class or consolidated basis or in a representative capacity; and (c) any right to a jury trial.
You must first present any claim or dispute to us by calling us at (424) 248-8406 to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days of contacting us. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this Agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any arbitration will take place in the federal judicial district of Los Angeles, CA. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrator(s) must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules.
Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA RULES.
Costs of Arbitration
Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable AAA Rules, which amount shall not exceed the filing fees you would have incurred if the claim had been brought in the appropriate state or federal court closest to your residence. We will pay the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. Waivers also may be available from AAA.
Waiver of Punitive Damages and Class Actions
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause in this Agreement is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflict of laws. Your Card is issued by The Gym LA, 11567 Santa Monica Blvd, Los Angeles, CA 90025
Disclaimers and Limitation of Liability
The Gym LA and its Affiliates make no representations, warranties, or conditions of any kind, express or implied, with respect to the Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. The Gym LA does not represent or warrant that your Card will always be accessible or accepted. In the event that The Gym LA or its Affiliates are found liable to you, or in the event that your Card is non-functional, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Card. The Gym LA and its Affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall The Gym LA or its Affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such states or jurisdictions, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this Agreement without such assignment being considered a change to the Agreement, and without notice to you, upon which we will be released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this Agreement.
Changes to this Agreement; Cancellation of this Agreement
We may amend the terms of this Agreement at any time, including any rights or obligations you or we may have. As permitted by applicable law, any change, addition, or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Cards. If changes, additions, or deletions to this Agreement materially affecting your use of a particular Card are made after your purchase of such Card and you do not wish to accept such changes, additions or deletions, your Card may be cancelled and any amounts remaining on your Card will be refunded to you. We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from any use of your Card that is fraudulent, illegal, unauthorized, or otherwise in violation of this Agreement. If we terminate this Agreement unilaterally (through no fault of yours), we will refund or issue a credit equal to the remaining balance held in your Card account.
Entire Agreement, Construction
This Agreement is the complete and exclusive statement of agreement between you and Fitness International, LLC, and supersedes and merges all prior proposals and all other agreements. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Agreement.
Inquiries or questions
If you have any questions regarding this Agreement or your Card, please visit our web site at www.thegym.la/ or call us at (424) 248-8496. Should you wish not to be bound by the terms of this Agreement in their entirety you must, prior to using the Card, request and obtain a refund of the value of the card by calling us at ((424) 248-8496.
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