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FC REWARDS PROGRAM TERMS

WWELCOME TO FC REWARDS

These Terms & Conditions (“Terms”) govern the FC Rewards Program (the “Program”) offered by Fitness Connection (“Fitness Connection,” “Company” or “We”).  By participating in the Program, you agree to these terms, our membership Terms & Conditions, and our Privacy Policy. For purposes of these Terms, (i) “Referring Member” means the existing member who provides their personal referral link or code to a “Referred Member” or provides Fitness Connection the contact information for a “Referred Member,” and (ii) “Referred Member” means the person who becomes a member of Fitness Connection by using the Referring Member’s referral link or code, or as a result of a Referring Member providing the person’s contact information to Fitness Connection.

ELIGIBILITY

The Program is currently open only to U.S. residents who are 18 or older, who maintain an active membership in good standing with Fitness Connection except for any person who has an employee membership or the equivalent thereof, including without limitation family members of employees on the same or similar membership type.

TERMS APPLICABLE TO REFERRING MEMBERS WHO ARE NOT MEMBERS OF FITNESS CONNECTION CLUBS IN AUSTIN OR SAN ANTONIO (SEE BELOW) AND THEIR REFERRED MEMBERS

HOW TO PARTICIPATE/ENTER

Referring Member:

To be eligible, a Referring Member must (i) be member of Fitness Connection at the time of referral, (ii) be a member of Fitness Connection in good standing as of the date on which the applicable reward is provided, including without limitation not having any past due balances as of such date, and (iii) complete the mobile app registration steps outlined below.

Mobile App Registration

1. Download and sign in to the FC App (available in the Google Play Store and Apple App Store)

2. Activate their personal referral link or code from within the FC App

3. Personally share referral link or code with potential members

Fitness Connection has the right to limit the number of times you may use or share your referral link or code. We want you to share your referral link or code and earn rewards, but referral links or codes must be used only for personal and non-commercial purposes. This means that you can share your referral link or code only with people you know. You agree that you will not:

1. Duplicate, sell, or transfer your referral link or code in any manner or make it available to the general public (such as by printing it on business cards; posting it on a coupon website, job website or using it as part of a job application, including but not limited to the following website and applications Amazon, EBay, Fiverr, Craigslist, RetailMeNot, Reddit, Wikipedia, Gumtree, Moneysavingexpert, Groupon or using paid social media or paid search);
2. Try to get Referred Members by spamming, bulk emailing, or sending large numbers of unsolicited emails. The only people you should be emailing are people you know personally;
3. Use, display, or manipulate Fitness Connection intellectual property (such as our logos, trademarks, and copyright-protected works) in any way, except as to identify yourself as an Fitness Connection member;
4. Create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include the word "Fitness Connection" or any of Fitness Connection's other trademarks or any words that are confusingly similar to Fitness Connection's trademarks.
5. Use Fitness Connection’s trademarks as your social media profile picture or wallpaper or use any of Fitness Connection's copyright-protected works (such as graphics, photos, images, drawings, and screenshots from Fitness Connection's website or app) without Fitness Connection's express written permission;
6. Purchase keywords (including, but not limited to Google AdWords) that contain any of Fitness Connection's trademarks;
7. Use automated systems or bots through any channel to distribute, post, or otherwise share your referral link or code;
8. Use scripts or programmed or automatic dialers to send invites or otherwise share your referral link or code;
9. Make misleading claims about Fitness Connection, use offensive/abusive content, create fake websites/webpages/social media profiles/apps, misrepresent your connection to Fitness Connection, or otherwise make any false or misleading statements to get a referee/invitee to use your link or code; or
10. Use your referral link or code in any manner that violates the law or the rights of anyone else.

Remember, when you share your referral link or code, you should explain that you are an Fitness Connection referrer.

Referred Member:

1. Complete membership signup process using the unique referral link or code provided by a Referring Member.

2. Continue to be a member in good standing on the day following the last day on which the Referred Member may by law cancel their membership (the “Eligibility Date”).

REFERRAL PROGRAM REWARDS

Subject to these Terms, each Referring Member and Referred Member will be eligible for one or more of the reward(s) set forth in the table below:

Referring Member Reward | At least $5 off membership dues | At least $5 off from the Proshop (as defined below)

Referred Member Reward | At least $5 off membership dues | At least $5 off the Proshop

Each Referring Member is eligible to receive an unlimited number of referral rewards, so long as the Referring Member is not engaged in any restricted or prohibited activities with respect to generating Referred Members, including but not limited to.

The membership dues credit received by each of the Referring Member and the Referred Member will automatically be reflected in their respective account within twenty-one (21) business days of the Eligibility Date.

The ProShop credit received by each of the Referring Member and the Referred Member will be in the form of a unique coupon code that can only be used for purchases from the Fitness Connection ProShop accessible via the Mobile App or https://www.fitnessconnection.com/proshop (the “Proshop”). For each of the Referring Member and the Referred Member, the unique coupon code will be sent via electronic mail to the applicable electronic mail address reflected in their respective Fitness Connection membership account so long as such member has not opted out of receiving emails from Fitness Connection.

We may periodically offer temporary promotions through which you may be able to receive additional incentives for eligible referrals or for other activities. Any such promotion may be subject to additional terms, which will be disclosed at the time the promotion is offered.

HOW TO REDEEM INCENTIVES

Membership Dues Credit:

Credits for membership dues will automatically be credited against the membership dues payable by the Referring Member and Referred Member, as applicable, within two billing cycles of the Eligibility Date. The membership dues credit will only be applied against amounts payable in connection with your membership, including your applicable membership dues, annual fee, and late fees.

ProShop Credit:

The unique coupon code may only be redeemed for purchases from the ProShop. To redeem the credit, the Referring Member or Referred Member, as applicable, must enter their respective coupon code while checking out from the ProShop. The coupon code is only valid for one time purchase from the ProShop and must be used within ninety (90) days of receipt of such coupon code. Cannot be combined with any other coupons, discounts, offers, or promotions. Minimum purchase amount of $5.00 applies. Sales tax and shipping & handling do not qualify toward the minimum purchase amount. Cannot be used for prior purchases. Other restrictions may apply. No cash value.

TERMS APPLICABLE TO REFERRING MEMBERS WHO ARE MEMBERS OF FITNESS CONNECTION CLUBS IN AUSTIN OR SAN ANTONIO

Members of Fitness Connection clubs in Austin or San Antonio may participate in the Program and by providing contact information for potential new members to Fitness Connection via the FC App, the Fitness Connection website, or kiosks in the Austin or San Antonio clubs. By providing such information, participants represent that the potential new members have authorized the participant to share that information for purposes of the Program.

After a Referred Member has completed their first monthly billing cycle, and conditioned on both the Referred Member and Referring Member being members of Fitness Connection in good standing upon completion of the Referred Member’s first monthly billing cycle, the Referring Member will be provided a choice among multiple digital prepaid cards or digital gift cards with a value of twenty dollars ($20). Reffered Members who are referred by members of Fitness Connection Clubs in Austin or San Antonio are not eligible for any reward under the Program.

GENERAL PROGRAM TERMS APPLICABLE TO ALL PROGRAM PARTICIPANTS

Modification and Termination

We reserve the right to modify any of the terms and conditions governing the Program at any time, with or without notice, even though these changes may affect your ability to earn or redeem incentives under the Program. Modifications are effective immediately upon posting of the updated Terms. We also reserve the right to suspend or terminate the Program (in part or in its entirety) at any time, for any reason.

If we suspect that you have failed to comply with these Terms, engaged in fraudulent or inappropriate activity, make made purchases for a business or for resale, or otherwise try attempted to manipulate or unfairly benefit from the Program, as determined by us, in our sole discretion, we reserve the right to terminate your Program membership, prohibit you from participating in the Program, and take appropriate legal action. If we terminate your Program membership, you will not be able to redeem or otherwise use any Points remaining in your Points balance at the time of termination. 

Choice of Law

The Program is created under and governed by the laws of the state of Texas and is void where prohibited by law. We make no guarantees, warranties, or representations of any kind concerning the Program. By participating in the Program, you agree to release and hold Fitness Connection its parent, subsidiary and affiliate entities, and their respective officers, directors, employees, and agents harmless from and against any claim or cause of action arising out of participation in the Program, including, but not limited to: (a) technical errors that may prevent you from earning or redeeming incentives; (b) inaccuracies in your referrals balance; or (c) defect in any incentive or the Program.

Indemnification

By participating in the Program, you agree to defend, indemnify, and hold harmless Fitness Connection, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the “Fitness Connection Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL, BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE ACTION. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THE PROGRAN AND THESE TERMS.

Applicability of Arbitration. 

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or in connection with the Program. Any dispute or claim between you and any Fitness Connection Party arising out of or relating to the Program or these Terms (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved on an individual basis through binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, (b) you or we  may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents), or (c) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us (collectively, the “Excluded Disputes”).

The arbitrator shall decide all issues except (1) those that are specifically addressed herein, (2) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement, and (3) any issues arising from or relating to the arbitrability of any dispute, all of which are for a court of competent jurisdiction to decide. These Terms and this Arbitration Agreement do not prevent you from bringing your dispute to the attention of any federal, state, or local government agency.

BY AGREEING TO ARBITRATION, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST ANY FITNESS CONNECTION PARTY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST ANY FITNESS CONNECTION PARTY IN AN INDIVIDUAL ARBITRATION PROCEEDING.  IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.

Pre-Arbitration Informal Dispute Resolution. 

You and we agree to make a good faith effort to resolve any dispute informally prior to initiating an arbitration proceeding.  Each party must provide an opportunity to resolve the dispute by providing a detailed description of the dispute; contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue; and a detailed description of (1) the nature and basis of any claims and (2) the nature and basis of the relief sought (including a detailed calculation of any financial relief sought).  Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel).  Our notice to you must be personally signed by a representative of a Fitness Connection Party (and our attorney if we are represented by legal counsel). You must contact us in writing or by electronic mail, at the information provided in the “Your Comments and Concerns” section herein. We will contact you at the most recent contact information that you have provided to us.

For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable, good-faith efforts to try to resolve the dispute.  If requested by us in connection with a notice initiated by you, you must personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential resolution.  If requested by you in connection with a notice initiated by us, a representative of a Fitness Connection Party must personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate).  If the dispute is not resolved within this 60-day period (which period can be extended by agreement of the parties), you or we may request arbitration if the dispute cannot be resolved within sixty (60) days. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.

Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.

If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such sufficiency may be decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue.  The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief with a process arbitrator (as applicable) or in arbitration.

Arbitration Rules and Forum. 

The arbitration of any dispute or claim shall be conducted by a sole arbitrator under the applicable rules for the American Arbitration Association (“AAA”), adr.org (or any successor to AAA), as modified by these Terms of Use. The AAA rules (“AAA Rules”) are available at https://www.adr.org/Rules. In the event AAA is unwilling or unable to hear the dispute, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case.  You and we agree that these Terms evidence 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. The federal or state law that applies to these Terms of Use will also apply during the arbitration.

The arbitration demand must be accompanied by a certification personally signed by you (and your attorney, if you are represented by legal counsel) if you are initiating the arbitration or by representative of a Fitness Connection Party (and our attorney, if we are represented by counsel) if we initiate the arbitration.  Such statement must state that you or we, as applicable, satisfied the pre-arbitration informal dispute resolution process.  By signing the certification, the attorney represents that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery.  The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on the parties and/or their counsel.

Unless you and we agree otherwise, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. An arbitrator may not award relief in excess of or contrary to what these Terms provide, 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 arbitrators 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.

Payment of all filing, administration and arbitrator fees will be governed by AAA’s applicable rules, as modified by this Arbitration Agreement. AAA’s rules may be found on its website, adr.org, or by contacting AAA.  If the arbitrator finds that you cannot afford to pay the AAA filing, administrative, hearing and/or other fees and cannot obtain a waiver from the AAA, the Fitness Connection Party will reimburse them for you.  Notwithstanding anything to the contrary herein, if any Fitness Connection Party is required to pay your portion of the arbitration fee for this Arbitration Agreement to be enforceable, it shall do so. To the fullest extent permissible by law, the cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply, and shall be enforced by the arbitrator after the entry of an award.

Except as specifically provided herein, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location, except any dispute over $25,000 shall have an in-person or video hearing.  You and the Fitness Connection Party reserve the right to request a hearing in any matter from the arbitrator.  You and the Fitness Connection Party agree that your respective representatives will personally appear at any hearing (along with your respective legal counsel, if the parties are represented by legal counsel).  If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed-upon location.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and the Fitness Connection Party agree that we have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration.  Therefore, either party may negotiate with the AAA for reduced or deferred arbitration fees, and you and the Fitness Connection Party agree that the parties (and your and our counsel, if you and we are represented by legal counsel) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

Authority of Arbitrator. 

The arbitration will be conducted by a single arbitrator.  The arbitrator will apply and be bound by these Terms of Use as a court would, and will adjudicate any Dispute according to applicable law and facts based upon the record, and not based upon any other basis. The arbitrator will decide the rights and liabilities, if any, of you and any Fitness Connection Party.  The arbitrator will have the authority to grant motions dispositive of all or part of any claim.  The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement).  The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us, but shall have no preclusive effect in any other arbitration or proceeding involving a different party.

Additional Procedures for Mass Arbitration.

 If twenty-five (25) or more similar claims are asserted against any Fitness Connection Party by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you and any Fitness Connection Party agree that these additional procedures set forth in this subsection will apply.  You and any Fitness Connection Party also understand and agree that, in such event, the resolution of the dispute might be delayed. 

You and the Fitness Connection Party also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules.  Counsel for the claimants and counsel for the Fitness Connection Party shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a staged process.  The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process.  If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and the Fitness Connection Party shall pay the mediator's fee. 

If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second staged process.  (If there are fewer than forty (40) claims remaining, all shall proceed.)  The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process.  A single arbitrator shall preside over each case.  Only one case may be assigned to each arbitrator as part of a staged process unless the parties agree otherwise.  If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and the Fitness Connection Party shall pay the mediator's fee. 

If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, the Fitness Connection Party agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims.

Any applicable limitations periods (including statutes of limitations) and any arbitration fee deadlines shall be tolled for claims subject to these additional procedures from the time the first cases are selected to proceed until the time your case is selected, withdrawn, settled, or otherwise resolved.

Each arbitrator shall endeavor to issue their award within 120 days of their appointment or as swiftly as possible while ensuring fairness to the parties.

Counsel for the parties will meet and confer throughout this process in an effort to informally resolve the remaining claims, streamline procedures, address the informal exchange of information, modify the number of claims to be adjudicated in any given set of staged proceedings, and ensure the process remains fair and efficient for all parties.

A court of competent jurisdiction will have the authority to enforce this “Additional Procedures for Mass Arbitration” section of the Arbitration Agreement, including by enjoining the mass filing, the prosecution or administration of arbitrations, or the assessment or collection of AAA fees.

This subsection of the Arbitration Agreement and each of its requirements are intended to be severable from the rest of this Arbitration Agreement.  If, after exhaustion of all appeals, a court of competent jurisdiction decides that the staging process in this subsection is not enforceable, then the claims may be filed in arbitration and the payment of AAA filing, administration, case-management, hearing, and arbitrator fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.  You and we also agree that should the staging process in this subsection be deemed not enforceable as set forth above, your counsel and our counsel will work together in good faith, including with the assistance of a process arbitrator, to develop streamlined procedures for the adjudication of claims to reduce the costs and maximize the efficiency of arbitration.

Waiver of Jury Trial. 

YOU AND THE FITNESS CONNECTION PARTY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and the Fitness Connection Party are instead electing that all disputes will be resolved by arbitration under this Arbitration Agreement, except as specified herein.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would.  However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Consolidated Actions. 

YOU AND THE FITNESS CONNECTION PARTY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN COURT TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  UNLESS YOU AND WE AGREE OTHERWISE, ALL DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER, EXCEPT AS DESCRIBED ABOVE.  In the event that this class or consolidated action waiver is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth below.

30-Day Right to Opt Out. 

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by contacting wecare@fitnessconnection.com, within 30 days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, and an unequivocal statement that you want to opt out of this Arbitration Agreement.  Your notice must be personally signed by you.  If you opt out of this Arbitration Agreement, all other parts of these Terms, including the class action waiver and jury waiver, will continue to apply to you and remain in effect to the fullest extent permitted by law.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Severability.  If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.

Survival of Agreement. 

This Arbitration Agreement will survive the termination of your relationship with Fitness connection or any Fitness Connection Party.

Future Modifications to this Section Regarding Binding Arbitration:

Notwithstanding any provision to the contrary, we agree that if Fitness Connection or any Fitness Connection Party makes any future changes to this Arbitration Agreement section (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to the address provided above.  This is not an opt-out of arbitration altogether.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement section.

IF FOR ANY REASON THIS ARBITRATION 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. IF THIS ARBITRATION CLAUSE OR THE CLASS ACTION WAIVER SET FORTH IN THESE TERMS IS DEEMED INAPPLICABLE OR INVALID, THEN YOU HEREBY AGREE THAT ANY DISPUTE MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN COLLIN COUNTY, TEXAS AND YOU HEREBY CONSENT AND WAIVE ALL OBJECTIONS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

Waiver and Severability

No waiver by Fitness Connection of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fitness Connection to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms, our membership Terms & Conditions, and our Privacy Policy constitute the sole and entire agreement between you and Fitness Connection regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Program is operated by Fitness Connection 2517 Midway Road, Carrollton, Texas 75006.

All notices, feedback, comments, requests for technical support, and other communications relating to the Program should be directed to: wecare@fitnessconnection.com

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Last update 12/19/24