Text Message Terms and Conditions
Standard Service Description: 24 Hour Fitness USA, LLC. and its subsidiaries (“24 Hour Fitness”, “we” or “us”) is offering a recurring SMS text alert and update program. By submitting your mobile phone number, you consent to receive text messages for free digital workouts and automated marketing text messages from 24 Hour Fitness to the mobile number provided, that may be sent using automated dialing systems (“Text Messages”). Message frequency varies. Up to 3 messages per week. Your consent to receive Text Messages is not otherwise required to purchase any goods or services from us. You may opt-out of these communications at any time, and consent to receive marketing text message is not required to purchase any goods or services.
You also accept and agree to be bound these SMS/Text Terms and Conditions, the Website Terms of Use, and our Website and In-Club Privacy Policies, as applicable and any other applicable terms and agreements related to your use of 24 Hour Fitness’ services.
You can opt out at any time by replying STOP, CANCEL, or UNSUBSCRIBE. For information about our text programs, or for support, reply HELP or by contacting us toll-free at (888) 914-9661 PIN 036085. Note that we may continue to send you transactional messages.
Data Rates & Charges: Message & Data rates may apply. A wireless service provider may charge for each text message that is sent and received. Message and data charges will appear on your phone bill or be deducted from your prepaid account. Consult your service provider for information about your pricing plan.
Subscriber Requirements: Each subscriber must use his or her own wireless device capable of two-way messaging and a participating carrier with a telephone area code within the 50 United States or the District of Columbia. Not all carriers covered. Participating carriers are not liable for any delayed or undelivered messages.
SMS Services: The services are offered on an “as is” basis, and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. We may change or discontinue the services without notice or liability to you.
Privacy: Information collected in connection with the SMS services will be used in accordance with our Privacy Policies:
https://www.24hourfitness.com/membership/inclub_privacy_policy.html
https://www.24hourfitness.com/company/policies/privacy/privacy_policy.html
24 Hour Fitness and its officers, directors, employees and agents are not responsible and shall not be liable for any losses or injuries of any kind resulting from technical failures or delays of any kind, any damage to any person’s computer or wireless device, or any other loss directly or indirectly caused by participation in the services. We reserve the right to cease delivery of messages to any person at any time in our sole discretion.
Governing Law: These Terms and Conditions are governed by the laws of the State of California, without regard to its principles of conflicts of law, and regardless of your location.
Contacting Us: If you have questions, you may contact us at: 1265 Laurel Tree Lane, Carlsbad #200, CA 92011.
Arbitration of Disputes
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE ONLINE SERVICES (EACH, A “DISPUTE”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE, (A) 24 HOUR FITNESS AND YOU ARE EACH WAIVING THE RIGHT TO A COURT ACTION AND A TRIAL BY A JURY; (B) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (C) CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED; AND (D) YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (currently available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased), as amended by these SMS/Text Terms and Conditions. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these SMS/Text Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these SMS/Text Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these SMS/Text Terms and Conditions will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.