Effective Date: March 2021
THESE TERMS EXEMPT GYMGUYZ AND OTHERS FROM LIABILITY OR LIMIT THEIR LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
GYMGUYZ MAY UPDATE THESE TERMS AT ANY TIME, IN ITS SOLE DISCRETION. EACH TIME YOU USE A CARD, THESE TERMS, AS THEY THEN READ, WILL GOVERN YOUR USE.
The Card is issued by GYMGUYZ. GYMGUYZ’s parents, affiliates, and related entities (“GYMGUYZ Related Parties”), bear no responsibility or liability for any Card and you hereby knowingly release the GYMGUYZ Related Parties from any and all liability or claims of any nature whatsoever arising in connection with the Card. Cards are only valid if obtained from an authorized retailer or directly from http://www.gymguyz.com.
Cards are redeemable only on https://www.gymguyz.com/gift-cards/. If the Card provides for virtual training sessions, once a redemption request is received, instructions will be provided regarding session scheduling. A link will also be provided for installation of any necessary applications to facilitate the virtual sessions. You will be required to have hardware capable of connecting to the virtual sessions and will be required to install or download any needed software or programs. GYMGUYZ shall not be responsible for any of your costs associated with hardware or software purchases to enable connectivity nor for the cost of Internet access. Trainers will be assigned and trainer requests are not guaranteed. Training sessions will be provided by GYMGUYZ affiliates or by licensed franchise operators. You may be required to fill out an application and liability waiver prior to taking part in any virtual sessions. GYMGUYZ reserves the right to deny session scheduling or attendance to any Card holder who has not completed and returned all required paperwork.
Cards are not refundable or redeemable for cash unless required by law. Limit three (3) gift cards per person. All Card sales are final. You may not return or cancel a Card after it is received and obtain a refund from GYMGUYZ. If you suspect your Card has been altered, used without authorization, or stolen, call the number located on the back of your card immediately. GYMGUYZ is not responsible if any Card is lost, stolen or destroyed or if it is used without your permission.
Questions regarding the enforceability and scope of the arbitration provision contained herein will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act. Otherwise, the laws of the State of New York govern these Terms and your use of the Card.
Any controversy or claim arising out of or relating to these Terms or to use of the Card shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. It is expressly acknowledged, understood and agreed that: arbitration is final and binding; the parties are waiving their right to seek legal remedies in court including the right to a trial by jury; pre-arbitration discovery generally is more limited than and different from that available in court proceedings; the arbitrator’s award is not required to include factual findings or legal reasoning; and any party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. The arbitration will be before a single arbitrator. The place of arbitration will be Plainview, New York, United States of America. It is understood, acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law. The parties will each pay their required share of the costs of arbitration. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of these Terms shall still be considered valid and enforceable.
Either party may file suit in a court of law to address intellectual property infringement claims and may bring individual actions in small claims court without seeking relief via arbitration.
Limitation on Liability:
GYMGUYZ AND THE GYMGUYZ RELATED PARTS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDYSHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.