Terms of Use effective May 21, 2022
These Terms of Use (“Terms”) govern your access or use to the UBFIT program from within the State of California. This Agreement governs the relationship between UBFIT, LLC (“UBFIT”) and you as the User (“Trainee”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND UBFIT.
UBFIT is a marketing network that matches physical trainers with trainees. UBFIT operates a marketing platform in which Trainees are able to engage with Trainers for a set fee. You review the profiles which the Trainers provide and choose a Trainer who matches Your requirements. The Trainers are each pre-screened qualified professionals who are trained in providing an excellent fitness encounter. You then choose the Trainer and schedule directly with the Trainer an encounter type, number of Trainees, and a price.
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. UBFIT may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity, or promotion, and such supplemental terms will be disclosed to you in separate disclosures via a particular webpage on ubfitapp.net. Supplemental terms are in addition to and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
UBFIT may amend the Terms from time to time. Amendments will be effective upon UBFIT’s posting of such updated Terms on www.ubfitapp.net. Your continued access or use of the Services after such posting confirms your consent to be bound by the amended Terms. If UBFIT changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing UBFIT written notice of such rejection within 30 days of the date such change became effective. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
2. Services
UBFIT comprises a marketing platform on mobile applications and related services (“Application”). The UBFIT marketing platform has various packages for Trainees to purchase or subscribe to, with encounters that vary in a single person or group sessions and single session or multi-sessions, each varying in price for the service which the Trainer agrees to.
Although UBFIT will take every effort to match You with the Trainer of Your choice, a specific trainer is not guaranteed. If a particular Trainer is unavailable or no longer associated with UBFIT, You have the option to pick a different trainer at any given point.
You pick the training level and the number of sessions. You know your own body and it limits and should not choose a fitness regime beyond your ability. Seek medical advice before engaging in any physical activity. You must disclose any health issues before You begin training with Your Trainer. Your Trainer is going to push Your limits and needs to know issues that might prevent You from a particular level of intensity workout. UBFIT is not responsible for any injuries which You suffer as a result of participating in physical activity. UBFIT is not responsible for any personal injuries caused by the Trainer. UBFIT is not responsible for any equipment that is being used by any personal trainer.
You pick the location. Whether You want to meet the Trainer in Your garage, at a park, the beach, or at work, You are in complete control of the location in which the training encounter occurs. You take full responsibility for the safety of the location. UBFIT is not responsible for Your choice in the place of training.
3. Fees
The current fees for services are disclosed on the website ubfitapp.net. Discounts are available based upon multiple sessions which You order at a single time. Group sessions are available, with an available discount for the price per person. Sessions are non-transferable. The Trainers are professionals and expect to be treated as such. The session will be lost if it is cancelled less than 24 hours prior to the scheduled start time, regardless – no exceptions.
EFT/CC Request:
To the fullest extent permitted by law, you authorize us to initiate separate charges from the credit/debit card (“EFT/CC”) account you identified or any replacement card on the agreed date and amount upon request. You the customer are responsible for updating your credit/debit card on file 7 days prior to your monthly billing cycle to avoid any late fees. The customer’s credit/debit card on file will be debited automatically every 30-days from the purchase date. Monthly training sessions will be released once the monthly payment is fully processed.
Declined Payment/Status:
When monthly billing returns as a declined payment, your UBFIT account will be placed on Declined Status/Hold. Once your UBFIT account has been placed on HOLD due to non-payment, all available credits/sessions will be temporarily frozen and not available to book until the payment has been successfully processed and cleared. Any future bookings will be automatically canceled and have to be rebooked once payment is received. If your monthly billing payment has not been successfully processed and received within 30 days from the day of decline, your UBFIT account will be transferred to an inside collections agency. You will be notified through the UBFIT app and via email prior to transferring your UBFIT account to a collections agency.
Third-Party Collections Agency Authorization:
I understand if I have an unpaid balance to UBFIT and do not make satisfactory payment arrangements, my account may be placed with an external collection agency. I will be responsible for reimbursement of the fee of any collection agency, which may be based on a percentage at a maximum of 35% of the debt, and all costs and expenses, including reasonable collection and attorney’s fees incurred during collection efforts.
In order for UBFIT or their designated external collection agency to service my account, and where not prohibited by applicable law, I agree that UBFIT and the designated external collection agency are authorized to (i) contact me by telephone at the telephone number(s) I am providing, including wireless telephone numbers, which could result in charges to me, (ii) contact me by sending text messages (message and data rates may apply) or emails, using any email address I provide and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable. Furthermore, I consent the designated external collection agency to share personal contact and account related information with third party vendors to communicate account related information via telephone, text, e-mail, and mail notification.
Cancellation Policy
Session Cancellation and Reschedule
4. Public Profile
UBFIT advertises through various sources, including ubfitapp.net. You may be asked for a testimonial or, upon Your approval, we may ask that you share before and after pictures. We do not want any Trainee to feel that they are stuck in a contract which is providing poor service. We reserve the right to refuse servicing any Trainee who posts bad reviews or low ratings.
5. Trainer Conduct.
You are engaging a professional Trainer who maintain the highest level of professionalism at all times. Sexual harassment, inappropriate conduct, rudeness, or unlawful activity while engaged in an encounter is prohibited and beyond the scope of the service. UBFIT is not responsible for any sexual harassment between client and Trainer, or any inappropriate conduct, rudeness or unlawful activity.
6. License.
Subject to your compliance with these Terms, UBFIT grants you a limited, non exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by UBFIT.
7. Access and Restrictions on Use of the Services.
The process of the UBFIT platform, the logo(s), the service marks, trademarks, and copyright (collectively “UBFIT Intellectual Property”) are the sole property of UBFIT You are prohibited from use of the UBFIT Intellectual Property outside of your express permission as per the Terms of this Agreement. You may not advertise with the UBFIT Intellectual Property without the express written permission of UBFIT Any derivative intellectual property, reproduced, modified or derivative work which is used outside of the express authority of UBFIT is prohibited and necessarily causes damage, including dilution, to UBFIT.
8. Network Access and Devices.
UBFIT will take its best efforts to ensure that the platform remain constantly operational, but makes no guarantee to continual operation of the platform. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.
9. Disclaimers and Limitation of Liability
DISCLAIMER: THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
UBFIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS,
IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UBFIT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE
SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UBFIT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK
ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD
REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY: UBFIT SHALL NOT BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY
DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF UBFIT EVEN IF UBFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBFIT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. UBFIT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBFIT’s REASONABLE CONTROL.
10. General Provisions
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH
BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH
UBFIT ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Disputes which fall within the small claims jurisdiction may be brought in a small claims action within Los Angeles County, California. By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against UBFIT on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against UBFIT and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against UBFIT by someone else. Your agreement to Binding Arbitration between You and UBFIT is a material term of this Agreement. You and UBFIT agree that any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or your access to or use of the Services at any time, will be settled by binding arbitration between you and UBFIT and not in a court of law. You acknowledge and agree that you and UBFIT are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and UBFIT otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
These Terms are solely governed by and construed in accordance with the laws of the State of California, U.S.A. Any arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified
by this Arbitration Agreement.
UBFIT may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to UBFIT, with such notice deemed given when received by UBFIT, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o UBFIT USA, LLC. The name and current contact information for the registered agent in each state are available online here.
No joint venture, partnership, employment, or agency relationship exists between you and UBFIT as a result of this Agreement or use of the Services.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. UBFIT’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by UBFIT in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
