TERMS OF USE


Welcome to the PLANET FITNESS web site at http://www.planetfitness.com ("Site") which is owned and operated by PFIP, LLC a New Hampshire limited liability company ("PLANET FITNESS"). By accessing or using this Site, (regardless of whether your access or use is intended) you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. Access to and use of this Site and the information, materials, products and services available through this Site are subject to all applicable laws and regulations and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please leave this Site immediately. This Site is intended to be used by individuals over the age of 18 who reside within the United States.

MODIFICATION

PLANET FITNESS reserves the right to modify or amend these Terms of Use without notice at any time. The latest Terms of Use will be posted on the Site, and you should always review these Terms of Use prior to using the Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site.

PRIVACY POLICY

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy which is incorporated herein. Before using this Site, please read through these documents carefully. All personal data provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.

OWNERSHIP OF CONTENT

Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, and the design, compilation, and other matters related to this Site ("Content") are protected under applicable intellectual property and other laws, including without limitation those of the United States, and all Content and intellectual property rights therein are the property of PLANET FITNESS or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The posting of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication (including posting on another website) modification, copying or transmission of Content from this Site, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, is STRICTLY PROHIBITED unless you have obtained the prior written consent of PLANET FITNESS or unless it is expressly permitted by this Site. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting PLANET FITNESS in writing at 26 Fox Run Road, Newington, NH 03801, or email at info@planetfitness.com.

The Content may only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

TRADEMARKS

The PLANET FITNESS logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of PLANET FITNESS (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

UNSOLICITED SUBMISSIONS

By sending any information, materials, messages, Content of any sort, or any other unsolicited submissions ("Submissions") to PLANET FITNESS via this Site, you assign to PLANET FITNESS, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Submissions, and PLANET FITNESS and its affiliates and related entities may use, copy, sublicense, adapt, transmit, distribute, publicly perform, publish, display or delete such Submissions as PLANET FITNESS sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever with regard to such Submissions and that by sending any unsolicited Submissions to PLANET FITNESS you waive the right to make any claim against PLANET FITNESS, its parents or affiliates relating to unsolicited Submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. For this reason, we ask you not to send us any Submissions that you do not wish to assign to us.

ADDITIONAL TERMS AND CLICK-THROUGH AGREEMENTS

We may require you to follow additional rules, guidelines or other conditions in order to use various features of our Site, to participate in certain promotions or activities available through our Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. For example, you will be required to enter into a separate agreement if you use this Site to join one of our clubs, apply to become a franchisor of one of our clubs, enter a sweepstakes, or make a purchase on this Site. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the "click-through agreement." In addition, certain areas of our Site (such as our online store) may be powered by third party service providers. Such areas may be governed by certain additional terms or policies of those third party providers.

SUBMISSION OF INFORMATION THROUGH OUR SITE

You may choose to submit information to PLANET FITNESS through our Site for various reasons, such as to make a purchase, enter a sweepstakes, apply to become a franchisor of one of our clubs, or apply for PLANET FITNESS employment opportunities. If you choose to submit your name, contact information, resume and/or other personal information to PLANET FITNESS for any of these purposes, you are authorizing PLANET FITNESS to utilize this information for the purpose for which it was submitted. Nothing in these Terms of Use or contained in the Site shall constitute a promise by PLANET FITNESS to interview, hire, employ, or enter into a franchise agreement with any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that PLANET FITNESS will review any or all of the information submitted to it by users. All information submitted will be treated in accordance with our Privacy Policy.

LINKED SITES AND ADVERTISING

You may create hyperlinks directly to the home page of this Site, or the home page of any of our clubs within this Site, provided that: (i) the hyperlink accurately describes the content as it appears on the Site; (ii) each page within our Site must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within our Site; and (iii) you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or PLANET FITNESS, its employees, agents, directors, officers and shareholders. You may not copy any portion of our Site or Content to a server, except as part of an incidental caching of pages. If you wish to link to or obtain a license with regard to our Site or our Content other than as described herein, you must contact PLANET FITNESS at 26 Fox Run Road, Newington, NH 03801 before doing so.

If PLANET FITNESS has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that PLANET FITNESS is connected with, operates or controls these web sites. PLANET FITNESS is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with PLANET FITNESS. When visiting other web sites, however, you are subject to and should review each such web site’s individual "Terms of Use" and Privacy Policy.

PLANET FITNESS takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

TERMINATION

PLANET FITNESS reserves the right to immediately terminate your use of, or access to, this Site at any time for any reason in its sole discretion. PLANET FITNESS further reserves the right to modify or discontinue this Site or any portion thereof at any time without notice.

COPYRIGHT INFRINGEMENT

If you believe that any material contained in this Site infringes your copyright, you should notify PLANET FITNESS of your copyright infringement claim in accordance with the following procedure. PLANET FITNESS will process notices of alleged infringement which it receives and will take appropriate action pursuant to the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is: Director of Legal Affairs PLANET FITNESS 26 Fox Run Road, Newington, NH 03801 e-mail info@planetfitness.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work(s) claimed to have been infringed; 3. Identification of the material that is claimed to be infringing and the location of such material on our Site; 4. Information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NO WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY SITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.

EXCLUSION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary from state to state. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

INDEMNITY

You agree to defend, indemnify and hold harmless PLANET FITNESS, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Site or your breach or alleged breach of this Agreement.

LEGAL COMPLIANCE

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site. If you provide us any information through our Site, you agree to provide true, accurate, current and complete information about yourself. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. If you become aware of misuse of this Site by any person, please contact the Site Administrator at info@planetfitness.com with your concerns. PLANET FITNESS reserves all rights and remedies available to it.

GENERAL PROVISIONS

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement, will be substituted with a valid and enforceable provision reflecting the intent of the invalid provision, and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of New Hampshire without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of New Hampshire or, if appropriate, the United States District Court for the Central District of New Hampshire for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

This Agreement may be assigned by PLANET FITNESS in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this agreement does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail to PLANET FITNESS Attn: Legal Department, PLANET FITNESS 26 Fox Run Road, Newington, NH 03801 (in the case of PLANET FITNESS ) or to the email address you provide to PLANET FITNESS during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to PLANET FITNESS during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

CONTACTING PLANET FITNESS

Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at info@planetfitness.com. The services hereunder are offered by PFIP, LLC, located at PLANET FITNESS 26 Fox Run Rd. ,Newington, NH 03801

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Ahwatukee, AZAlbuquerque (4th), NMAlbuquerque (Gibson), NMAlexandria, LAAmsterdam, NYAnderson, INApache Junction, AZBayamon Oeste, PRBloomingdale, ILBloomington, INBountiful, UTBowling Green, KYBraintree, MABronx (Southern Blvd.), NYBrooklyn (Flatbush), NYBurnsville, MNCape Coral, FLCarson, CAChicago (Avenue O), ILChicago (Back of Yards), ILChicago (Pullman Park), ILCincinnati (TriCounty), OHClarksville, INColorado Springs (Constitution), COColumbia (Two Notch at Polo), SCColumbus, GAConway, SCConyers, GACookeville, TNCoon Rapids, MNCouncil Bluffs, IADallas-Fort Worth (Lewisville), TXDanbury, CTDanville, VADecatur, ALDenton, TXEast Peoria, ILElgin, ILFond du Lac, WIFort Mill, SCFresno, CAFt. Wayne (Dupont), INGadsden, ALGonzales, LAGraham, NCGrand Rapids, MIGrandville, MIGreenville (Wade Hampton), SCGroves (Port Arthur), TXHazel Dell (Vancouver), WAHazlet, NJIndependence, MOIndianapolis (Kentucky), INIndianapolis (Shadeland), INJackson, TNJacksonville, NCJefferson City, MOJonesboro, GALake Worth, FLLakewood (Fairfield Commons), COLas Vegas (N Eastern Ave), NVLas Vegas (Rainbow 215 Highway), NVLaurel, MDLebanon, PALeominster, MALinden, NJLockport, NYLouisville (South Hurstbourne), KYLoves Park, ILMadison (Mineral Point), WIMadison, ALMadison, TNManati, PRManhattan (Wall St.), NYMartinsburg, WVMary Esther, FLMedford, NYMenomonee Falls, WIMetairie, LAMiami (West Kendall), FLMilford, OHMishawaka, INMonaca, PAMonroe, MIMontgomeryville, PAMoreno Valley, CAMuncie, INMurfreesboro, TNMuskegon, MINashville (Charlotte Pike), TNNew Albany, INNorfolk (Military Hwy), VANorth Bergen, NJNorth Huntingdon, PANorwich, CTNorwood, MAOdessa, TXOkemos, MIOmaha (36th and Q), NEOrlando (Orange Blossom Trail and Holden Ave), FLOverland, MOParma, OHPembroke Pines, FLPhiladelphia (Fox Street), PAPhiladelphia (Roxborough), PAPhoenixville, PAPort Huron, MIPort Jefferson Station, NYPrescott, AZRidley Park, PASalisbury, MDSan Antonio (NW Military), TXSanta Ana, CASchererville, INSmithfield, RISmyrna, GASouth Gate, CASouth Plainfield, NJSpartanburg, SCSpringdale, ARSpringfield, MOSteubenville, OHStockton, CATallmadge, OHTampa (Twelve Oaks), FLToledo (Laskey Rd.), OHTulsa (Admiral), OKWaco, TXWaterloo, IAWebster, NYYukon, OK