These Planet Fitness Mobile Offers Program Terms and Conditions apply to all persons (“you”) who subscribe to the Planet Fitness Mobile Offers Program (the “Program”). By subscribing you agree to receive, on any mobile phone number you provide, recurring automated SMS or MMS text messages with promotional offers and similar marketing from or on behalf of Planet Fitness Franchising, LLC, Pla-Fit Franchise, LLC, and their affiliates, agents, franchisees, and third party service providers (collectively, “Planet Fitness,” “us,” “we”, “our”). You understand that your consent to join the Program is not a condition of any purchase from us and that you may opt-out of the Program at any time. This offer is valid in the U.S. only through 1/2/2020.
Subscribing to the Program
You may subscribe to the Program by texting a passcode to our Planet Fitness short code 33415. After you signup online or by texting our short code, we will send one SMS or MMS text message to the mobile phone number you provided. Our text will provide legal disclosures, will link to these Terms and Conditions, and will offer to enroll you in the Program. By responding TEXTME to our text, you will receive one additional message asking you to confirm your enrollment in the Program. By responding YES to this text, you agree to receive to your mobile phone three (3) to five (5) autodialed SMS or MMS text messages per month from us providing promotional offers, discounts, and other news and information.
Regardless of the method by which you have subscribed to the Program, you agree that these Terms and Conditions apply to your participation in the Program.
The Program is a standard rate SMS/MMS program and message and data rates may apply.
Opting-out of the Program
You may opt-out of the Program at any time by texting STOP, QUIT, END, CANCEL, or UNSUBSCRIBE in reply to one of our texts or directly to our short code 33415. After opting out, you will receive a one-time confirmatory text message acknowledging that you have been opted out of receiving further text messages from us. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or opting out through a verbal request, is not a reasonable means of opting out.
For more information at any time you can reply or text HELP to our short code 33415 and we will send you a text message with additional ways to contact us by phone and email.
Duty to Notify if You Change Numbers and Indemnification
If at any time you intend to stop using the mobile phone number that you used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile phone number. You understand and agree that, if you cancel your service plan or otherwise transfer your mobile phone number without notifying us of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile phone number. You understand and agree that your agreement to provide such notice and indemnification is a material part of these terms and conditions. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE PHONE NUMBER YOU PROVIDED.
Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control. We are not liable for delayed or undelivered mobile messages.
Other Terms and Conditions
Disputes Involving U.S. Users – Mandatory Arbitration
If you live in the United States, in the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or the Program or your enrollment in the Program, including any dispute concerning the scope or enforceability of this Dispute Resolution provision, the parties shall first attempt, promptly and in good faith, to resolve any such dispute informally between them. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), you agree that the dispute shall, unless otherwise mutually agreed by the parties for any particular dispute, BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), in accordance with its then-current Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Those AAA rules, including all rules pertaining to the payment of arbitration fees and costs, are incorporated in full herein, except to the extent inconsistent with the terms set forth in this paragraph. Any such arbitration between you and Planet Fitness must be arbitrated in the State of New Hampshire. Such arbitration must be on an individual basis. This means neither you nor Planet Fitness may join claims in arbitration with or against other users or parties, or litigate in court or arbitrate any claims as a representative or member of a class. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits falling within the jurisdiction of the small claims courts located in the State of New Hampshire or to enjoin infringement or other misuse of intellectual property rights, and you or Planet Fitness may bring suit in a New Hampshire court of competent jurisdiction for (a) individual small claims matters and (b) to enjoin infringement or other misuse of intellectual property rights.
These Terms and Conditions shall be governed by the laws of the State of New Hampshire, without reference to conflict of laws principles.
The AAA’s Consumer Arbitration Rules are available at: https://www.adr.org
This Dispute Resolution provision shall apply to this contract unless, within thirty (30) days of subscribing to the Program, you notify Planet Fitness in writing that you wish to opt-out of this Dispute Resolution provision. Such written notice must identify your name and the mobile phone number you used to subscribe to the Program and must be delivered to [email protected] You understand and agree that notice by any other means will be ineffective.
Disputes Involving Canadian Users
If you are a user based in Canada, the parties shall first attempt, promptly and in good faith, to resolve any such dispute informally between them. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party shall submit such controversy or dispute to individual mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law and in accordance with these Terms and Conditions.
Acceptance by You:
If you have additional questions or comments, please contact us by email at [email protected] or call 844-558-5694.
Participating Carriers (U.S. Only)
Carriers are not liable for delayed or undelivered messages.
AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missouri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless).