Terms & Conditions

Terms and Conditions – Pro Play Sports Club LLC

Last updated: February 18, 2022

Please read these terms and conditions carefully before using any Pro Play Sports Club service.

Terms

In these Terms and Conditions (“Terms”), Pro Play Sports Club is referred to as the “Platform”, “Pro Play Sports Club”, “us”, “we”, or “our”. “You” or “your” means you as the user of the Platform (a “User”). These Terms govern your relationship with Pro Play Sports Club, including, but not limited to, your access to and use of our website and mobile applications (collectively the “Platform”), your access to and use of any content on the Platform or any fitness, recreational, wellness, or other classes, experiences, activities, events, services, recordings, and/or products made available through the Platform (collectively, “Content”), your purchase of a Pro Play Sports Club subscription, your rights to cancel your subscription, and your communications with Pro Play Sports Club.

These terms contain a binding arbitration agreement and class action waiver that require you to arbitrate all disputes you have with Pro Play Sports Club on an individual basis. Please see the arbitration section herein for more information about the arbitration agreement and class action waiver. You expressly agree that disputes between you and Pro Play Sports Club will be resolved by binding, individual arbitration, and you hereby waive your right to participate in a class action lawsuit or class wide arbitration.

By accessing or using the Platform, or clicking any button to indicate your consent, you signify that you have read, understand and agree to be bound by these Terms and any other applicable laws, whether or not you are a registered User of the Platform. These Terms apply to all Users, visitors, participants, and others who wish to access or use the Platform. This document is a legal contract and, by using the Platform, you agree to be bound by it. If you do not agree to these Terms, please refrain from using the Platform.

By using the Platform you also agree to our other policies, including our Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms. You agree that your use of the Platform is governed by our Privacy Policy in effect at the time of your use.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes to the Terms shall become effective upon posting to our Platform. By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the Terms, as amended. If you do not agree to the Terms, you are no longer authorized to use the Platform. We advise you to check the Terms periodically to stay informed of current policies.

Scope of Your License to Use the Platform

Our Platform allows you to purchase a Subscription for unlimited access to our Content (“Paid Access”). Each Paid Access covers a single user. Users can register their same Subscription on a maximum of five (5) devices and users are limited to two (2) simultaneous streams. Subject to your ongoing compliance with these Terms (including timely payment of all applicable fees), we grant you a non-exclusive, non-transferable right during the Term to use the Platform. We will use commercially reasonable efforts to make the Platform available to you and perform in accordance with these Terms, as may be updated from time to time by us.

This agreement does not authorize you to make a use of the Platform or the content that is designed to generate revenue, nor does it authorize you to distribute or redistribute any portion of the Platform, including content. Your Subscription to the Platform does not authorize you to broadcast, using now known or later developed, whether by open or closed system, any of the content on the Platform.

For the purpose of these Terms, use of the Platform is considered revenue-generating if a third party is invited or required to pay money, including for a Subscription, in order to access the Platform or content. Without limitation, the following practices are deemed revenue-generating for the purpose of these Terms: sale of subscription or the requirement of any payment or consideration in exchange for access to the Platform or any website or application that includes content; inclusion of the Platform or content in commercial publications, including books, newspapers, magazines, documentaries, films, news reports, news features, and similar material; and using the Platform or incorporating the Platform or content into any third-party service for the purpose of developing a service that competes with us or our Platform, or for the purpose of learning about the Platform in anticipation of the development of such a service. By using the Platform, you agree to waive any rights that you may otherwise have to use the content in a manner that is not specifically authorized by these Terms or in a separate written agreement with us.

Because our ability to provide the Platform to you is limited by the scope of the licenses that we hold, we may restrict your ability to access certain content in order to comply with our licenses. You agree not to attempt to defeat or avoid geographic or other access restrictions, and you agree to comply with any request by us that you not access specified content.

Creating Accounts

You do not need to create an account on the Platform to browse the Class selection; however, if you want to sign up for a Class, you will be prompted to create an Account and select a Subscription plan. You agree to provide accurate and current information about yourself in all registration forms on the Platform. In order to access our Platform or create an Account, you must be at least 13 years old. If you want to sign-up and participate in a Class, you must be at least 18 years old or have your parent or guardian's express permission. Your parent or guardian must review these Terms with you before you participate. It is a violation of these Terms if anyone under the age of 18 years old takes a Class without express permission from a parent or legal guardian. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform.

You are responsible for maintaining the security and confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree not to share your username and password with anyone else. If, despite your agreement not to do so, you share your username and password with another person or if another person accesses the Platform using your username and password without your permission, you agree to take full responsibility for the statements and actions of that other person, and for any damages caused by, resulting from, or accruing in connection with that other person's use of the Platform. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Platform or a third-party service. Please contact us at info@proplaysportsclub.com if you believe your account has been compromised.

The access to or use of certain areas and features of the Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access or use the relevant areas or features of the Platform. If there is a conflict between these Terms and the terms or policies applicable to a specific area or feature of the Platform, the latter terms or policies will take precedence unless stated otherwise.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use, as a username, any name that is offensive, vulgar, or obscene.

If Pro Play Sports Club believes, in its sole discretion, your username is offensive, vulgar, obscene, or does not meet our community guidelines, Pro Play Sports Club has the right to reassign you a new username.

Pro Play Sports Club Platform

The Site enables you to shop for apparel and accessories, access, reserve, schedule, purchase, and attend a wide range of audio or video digital classes from your computer or mobile device, including live streamed, interactive and/or on demand classes. Pro Play Sports Club itself is not a gymnasium, place of amusement or recreation, health club, fitness studio or similar establishment.

Subscription Plans, Fees and Cancellations

To access the Content, you need to sign up for a monthly or yearly subscription. If you subscribe to the Platform, you will pay a non-refundable and non-recoupable fee (“Subscription Fee”) for the Platform. If you purchase a subscription, the Term shall commence at the time of purchase. Your Pro Play Sports Club subscription automatically renews at the end of its term, and we will automatically bill the Subscription Fee to your listed payment method, until your subscription is cancelled or terminated.

You must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) for all payments under these Terms. By providing us with your credit card number and associated payment information, you agree that we are authorized to immediately invoice you for all fees and charges due and payable hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or account used for payment hereunder. If we are unable to process any payments under these Terms (including due to an invalid credit card account or any rejected charges), we will have the right, without limiting our other rights and remedies, to cancel or suspend your access to the Platform (including access to content) until such amounts are paid in full. We may notify you before canceling or suspending access to the Platform, but we have no obligation to do so.

We reserve the right to adjust subscription and credit pricing at any time. However, if you have a current paid subscription, your subscription price will remain the same until you terminate your subscription. Once you terminate your Subscription, we do not guarantee you will receive your previous subscription or credit rate if you resubscribe.

There are no refunds of Subscription Fees for subscription cancelations, including if you terminate your access to the Platform prior to the end of the Term. To change, update, upgrade, or cancel your subscription to our mobile application, you must edit your subscription settings in the “phone settings” on your device. You cannot update subscription settings directly within the Platform. Subscription cancellations must be made any time before the next billing cycle to avoid automatic payment of the next billing cycle. For further reference, see below instructions.

Canceling on iPhone

Go to Settings in your iPhone
Click your Apple ID
Click Subscriptions
Select Pro Play Sports Club and click Cancel Subscription

Cancelling on Google Play

Because your subscription was processed with Google Play, we aren't able to change subscription settings on your behalf. Step by step instructions:

Visit the Play Store and tap the menu button to open the menu
Tap “Subscriptions”
Find Pro Play Sports Club on the list of your active subscriptions
Select Pro Play Sports Club to make changes to your subscription or payment method

Your subscription will show as “Active” inside Pro Play Sports Club until your subscription period is over, but you won't receive any further charges. Cancel before proceeding.

Cancelling on Website

Please note emails are not an accepted form of cancellation. We are not responsible, nor are we able, to cancel your subscription for you.

Non-Subscription Purchases

We may permit you to purchase certain products or Content through the Site, in addition to your subscription, or without having a subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.

Physical Activity

The Platform includes programs, features, or Content that promote or include physical activity. Consult with a medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or any damages sustained that result from your use of, or inability to use, the Platform.

Waiver and Release

The below waiver of Liability, Release, Acknowledgement of Risk, and Indemnification Agreement (“Waiver Agreement”) is intended to be, and is, legally binding.

If any aspect of this Waiver Agreement requires clarification, please have Pro Play Sports Club fully explain it before using the Platform. You and/or the person on whose behalf you are signing, are waiving the right to bring any type of action, whether in court or otherwise, to recover compensation or obtain any other remedy for any personal injuries, damages to property, any accident or incident of any type, or death, arising out of or related to your use of our Platform, including but not limited to, Content. In agreeing to this Waiver Agreement, you hereby acknowledge, understand, and agree that your use of the Site, Platform and Pro Play Sports Club, its classes and/or participating in activities sponsored by Pro Play Sports Club has inherent risks.

In consideration of being allowed to participate in the Platforms, activities, and classes and programs of Pro Play Sports Club, you, for yourself, your heirs and assigns, hereby waive, release, and forever discharge Pro Play Sports Club, and their officers, agents, employees, representatives, executors and all others from any and all, responsibilities or liability from injuries or damages resulting from my participation in the above-mentioned activities. You hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to myself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my use of the Platform.

You understand and are aware that fitness is a potentially hazardous activity. You also understand that fitness activities involve a risk of injury or even death, and that you are voluntarily participating in these activities with knowledge of the dangers involved. You hereby expressly assume and accept any and all risks of injury or death.

You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using Pro Play Sports Club and to determine if and how participating is appropriate for you. Do not use the site or Platform if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.

You are solely responsible for determining whether the class or recommendations available on or through the site and/or classes are right for you. You also understand and agree that the site offers content that is designed for informational, educational and entertainment purposes only. Nothing stated or posted on or otherwise available through any aspect of the site is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. If you have any concerns or questions about your health or fitness level, you should always consult a physician or other health-care professional. The use of any of the content, recommendations and information provided on our site is solely at your own risk.

Community – Activity, Scoreboard and Friends

Activity

The Activity page on Pro Play Sports Club's Community feed tracks and displays your activity, such as completing a class or earning an achievement badge. You can opt-out of having your activities and achievements displayed by clicking the checkbox labeled “Don't display my activity in the Community Feed”, which can be found under your Pro Play Sports Club account's Fitness Profile tab.

You can also create posts, upload photos, and comment on their activity. You are only able to comment on a User's activity and posts once such User has accepted your invite to become friends. You can limit your posts to be seen by “friends only” by selecting the related checkbox before posting.

Scoreboard

Pro Play Sports Club's Scoreboard collects points for a User based on the Users activity. Users are listed on the Pro Play Sports Club Community Scoreboard by showing a User's profile image and username. Your username and profile image may be changed in your account settings. Users also have the option to connect their Apple Watch or Fitbit to earn BONUS points. Heart rate and calorie data is used to calculate BONUS points for the Pro Play Sports Club Community Scoreboard and is also displayed during a workout to provide you visual feedback as you're watching a Class. Heart rate and calorie data is only collected while watching a Class with your connective device on and the Pro Play Sports Club app launched and activated. If you have connected your Apple Watch or Fitbit device, you agree to allow Pro Play Sports Club to collect heart rate and calorie data. Users points will be displayed publicly on the Scoreboard.

Users have the option to limit the activity and scores shown to only activity and scores from their friends (who have accepted their friend request) by clicking the checkbox labeled “view friends only” on the Activity and/or Scoreboard tabs.

Friends

Pro Play Sports Club's Friends feature allows a User to invite other members and non-members to become friends on the Pro Play Sports Club app. You can also opt-in to allowing other Users to search for your profile by using your first name, by clicking the checkbox labeled “allow friend searches using my first name”, which can be found under your accounts Fitness Profile tab.

Direct Messaging and Group Chats

Once a user has accepted your invitation to become friends on the Pro Play Sports Club app, you can begin exchanging in-app direct messages or create group chats with several friends. You will also be able to send direct messages to Instructors. Messages can be accessed via your friends tab in the Pro Play Sports Club Community section. By using direct or group messaging, You agree to follow these Terms, including but not limited to, any conduct related Terms. If you encounter any issues, click on the question mark in the upper right hand corner of your direct message or group chat to access Pro Play Sports Club's FAQs, report an issue, or to contact us. You may also opt out of messaging by changing your privacy settings in the Pro Play Sports Club app, which can be found under Privacy in Pro Play Sports Club app's main menu.

Communications

By creating an account on the Platform, you agree to subscribe to newsletters, marketing, promotional materials, and other information we may send. You may opt out of receiving any of these promotional communications from us by following the unsubscribe link or instructions provided in any email we may send. However, to opt out of receiving transactional emails, you must email us at info@proplaysportsclub.com.

Text Messages

By providing your phone number to Pro Play Sports Club, you consent and agree to receive recurring SMS/text messages (“Text Messages”) from and on behalf of Pro Play Sports Club, through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text Messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include Class reminders, updates, alerts, and information (ie. Class updates, order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers.

You understand that providing your phone number is optional; therefore you do not have to provide your phone number to subscribe to our Service. You are responsible for all charges and fees imposed by your wireless Provider that are associated with the Text Messages. Text Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details.

You may opt-out of receiving Text Messages at any time. Reply to any message you've received from us with the single keyword command STOP or click the unsubscribe link (where available) in any Text Message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. For Text Message support or assistance, contact customer service at info@proplaysportsclub.com.

Wireless carriers are not liable for delayed or undelivered Text Messages. You agree to provide us with a valid mobile number. If you get a new mobile number, it is your responsibility to update your number in your account settings.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Text Messages, any errors in such information, and/or any action you may or may not take in reliance on the information or Text Messages.

Notification Procedures

We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, or through conspicuous posting of such notice on our Platform, as determined by us in our sole discretion. We have the right to determine the form and means of providing notifications to our users.

Termination

You understand and agree that, at any time and without prior notice Pro Play Sports Club may (1) terminate, cancel, deactivate, disable, delete and/or suspend your subscription, your account, or your access to or use of the Platform and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Platform. This includes the right to terminate or modify any Subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Platform. Pro Play Sports Club shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are a Subscriber, upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for classes or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your subscription, Content and/or the Platform, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Pro Play Sports Club will not be liable to you or any third-party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If Pro Play Sports Club deletes your account for these reasons, you may not re-register for or use the Site and/or Content under any other user name, email, payment method or profile. Pro Play Sports Club may block your access to the Site to prevent re-registration.

Termination for Non-Payment

We may terminate this Agreement and your access to the Platform by written notice if you fail to pay within no more than two (2) days after written notice of nonpayment (email shall suffice) any amounts owed to us. We may terminate your access to the Platform, including your use of any content, at any time for any breach of these Terms by providing notification of our decision to the email address that you most recently provided to us or by notifying you by another method. If we purposefully delete your account and/or terminate these Terms, you may not use or re-purchase the Platform. We have the right to block your email address and Internet protocol address to prevent further use or registration.

Termination for Conduct

Pro Play Sports Club may determine that harassing, inappropriate, unreasonable or impermissible conduct, activity, and/or usage is occurring and may take appropriate steps, including suspension or termination of your Subscription or access to the Platform and/or immediate removal from a Class.

Prohibited Activities

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Platform or that could cause injury to yourself, to us, or to any third party. Without limitation, you agree not to attempt to:

act in a deceptive manner by, among other things, impersonating any person; misrepresent your affiliation with a person or entity, conduct fraud, hide or attempting to hide your identity;
harm or exploit minors; use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user;
advertise or solicit others to purchase any product or service within the Platform or otherwise use the Platform for any commercial solicitation purposes;
harass, threaten, stalk, disrupt or defraud users, members or staff, or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user's account or signing up for more than one account;
share passwords with any third-party or encourage any other user to do so;
permit anyone to use your Subscription to participate in any classes or services;
screen record, reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Platform;
misrepresent the source, identity, or content of information transmitted via the Platform, including deleting the copyright or other proprietary rights or notices from any portion of the Platform;
upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
upload or send to Platform users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
link to, mirror or frame any portion of the Platform;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform;
attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform, any features that prevent or restrict use or copying of any content accessible through the Platform, or any features that enforce limitations on the use of the Platform or the content therein;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform;
modify the Platform in any manner or form, nor to use modified versions of the Platform, including (without limitation) for the purpose of obtaining unauthorized access to the Platform;
use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform; or
use the Platform for or in connection with any purpose that is unlawful or prohibited by these Terms.

This list is not exhaustive. You also agree to abide by the Pro Play Sports Club's Code of Conduct.

As a User, you are part of the Pro Play Sports Club community. We created the Code of Conduct to shape and guide the community as it grows. Your access to and use of the Platform is subject to these Terms and Code of Conduct, as well as all applicable laws and regulations in the jurisdiction from where you are accessing the Platform.

Please report any Users, content, or activity that you deem inappropriate at info@proplaysportsclub.com. When reporting content or Users, content, or activity, you will remain anonymous.

If we, in our sole discretion, determine that any action, User and/or content violates our policies, we will take appropriate action. We reserve the right to remove or disable access to content or an Account for any reason, including violations of this Section of the Terms. We will attempt to resolve any potential issues or violations and allow the User or Instructor to continue to use the Platform. However, we reserve the right to terminate an account or Subscription, at our sole discretion.

Availability, Errors, Inaccuracies and Testing

We are constantly updating products and service offerings on the Platform. We may experience delays in updating information on the Platform and in our advertising on other websites. The information found on the Platform may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Platform and we cannot guarantee the accuracy or completeness of any information found on the Platform. Therefore, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We continually update and test various aspects of the Platform. We reserve the right to, and by using the Platform you agree that we may, include you in or exclude you from these tests without notice.

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Platform may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Free Trials

From time to time we may offer a trial subscription that includes access to the Service during the trial period. The Content, content and features available during the trial may differ from those available during your subscription. Trials will have the duration and price communicated at the time you sign up. To access a trial, you must create a Pro Play Sports Club account and add your payment method. If you cancel the trial prior to the trial expiration, your credit card will not be charged. However, you are responsible for canceling during the trial period. If you do not cancel during the trial period, your payment method will be charged. No refunds will be given if you cancel after your free trial has expired. If you cancel your trial, your cancellation will be processed and your trial period will end immediately, any credits will expire, and your upcoming reservations will be cancelled, unless we communicate otherwise. You understand and agree that unless we expressly communicated otherwise, trials are available only to new users that have never had a Pro Play Sports Club account before and there is only one trial permitted per credit card or payment method and it is a violation of these Terms to sign up for a trial if you have signed up for an account or trial in the past or to have more than one account or trial at the same time. Pro Play Sports Club reserves the right, in its absolute discretion, to determine your eligibility for a trial. If in our discretion, we believe you are not eligible for a trial, we reserve the right to prevent you from signing up for a trial or to terminate your promotional subscription. If we terminate your trial because you have violated these Terms, you understand that you will not be eligible for a refund.

Content

Our Platform may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Platform, including its legality, reliability, and appropriateness.

By posting Content on or through the Platform, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account and subscription of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, or display on or through the Platform and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Platform. However, by posting Content using the Platform you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform. You agree that this license includes the right for us to make your Content available to other users of the Platform, who may also use your Content subject to these Terms.

Pro Play Sports Club LLC has the right, but not the obligation, to monitor and edit all Content provided by users.

You may use the Content only for your own non-commercial use to participate in the Platform. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including any content generated by users, without our prior written consent. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.

User Interaction

We are not responsible or liable for any loss or damage resulting from any interaction with other Users of the Platform, persons you meet through the Platform, or persons who find you because of information posted on, by, or through the Platform. You agree to take reasonable precautions in all interactions with other Users of the Platform. You are solely responsible for your interactions with other Users.

Security

We have implemented what we believe are the appropriate technical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge and agree that you provide your personal information at your own risk. At your request, we can delete your Subscription and account information and any associated data.

Intellectual Property

The Platform and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Pro Play Sports Club and its licensors. The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pro Play Sports Club. You have the right to view, electronically copy, and print in hard copy portions of our website and application for the sole purpose of making purchases, or other personal use.

Payment Processing Services

We currently use Stripe as our payment processor (“Stripe Processing Services”). Stripe Processing Services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, or by continuing to use the Platform, you agree to be bound by the Stripe Services Agreement, as may be modified from time to time by Stripe. As a condition of Pro Play Sports Club enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe.

Third-Party Sites, Products and Services; Links to Other Websites

Our Platform may contain links to third-party websites or services (“Third-Party Sites”), solely as a convenience to users, that are not owned, controlled, or endorsed by Pro Play Sports Club. We have no control over, and assume no responsibility for the content, privacy policies, or practices of Third-Party Sites. We do not warrant the offerings of any Third-Party Sites. Access and use of Third-Party Sites, including the information, material, content, products, and services on linked sites or available through Third-Party Sites, is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, Third-Party Sites found on or through the Platform are solely between you and such third-party. You acknowledge and agree that Pro Play Sports Club shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Waiver and Release (Additional)

You are solely responsible for determining whether a class or recommendations available on or through the Platform and/or Classes are right for you.

You understand that there are certain inherent risks and dangers in exercising and that the classes you may attend or participate in offer a range of activity and intensity levels. By using Pro Play Sports Club, you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.

You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using Pro Play Sports Club and to determine if and how participating is appropriate for you. Do not use classes if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.

You also understand and agree that the Platform offers fitness and related information that is designed for informational, educational and entertainment purposes only. Nothing stated or posted on or otherwise available through any aspect of the Platform is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. You should not rely on any information on or through the Platform as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or fitness level, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or heard on or through the Platform. The use of any classes, recommendations, and information provided on or through Pro Play Sports Club is solely at your own risk.

The Platform is continually under development and Pro Play Sports Club makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in research may impact the fitness or related advice that appears on or in connection with the Platform. No assurance can be given that the advice or recommendations contained in or through the Platform will always include the most recent findings or developments with respect to the particular material or content.

Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless Pro Play Sports Club, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of the Platform and/or attendance at, participation in, purchase of and/or use of any classes, including but not limited to with respect to bodily injury, physical harm, loss, illness, death or property damage.

Disclaimers; No Warranties

All aspects of or content or features available through the Platform are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Pro Play Sports Club, on behalf of itself and its suppliers and partners, disclaims and excludes all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

Without limiting the foregoing, Pro Play Sports Club does not warrant or make any representations (i) that the Platform is suitable for you or will meet your personal needs, (ii) regarding the adequacy or safety of any class or recommendation, (iii) that the Platform, or any aspect thereof, will be available or permitted in your jurisdiction, (iv) that the Platform, or any aspect thereof, will be uninterrupted or error-free, that defects will be corrected, or that the Platform and any downloadable software, content, services, or applications made available in conjunction with or through the Platform or the server that makes them available are free of viruses or other harmful components, or (v) regarding the use of the Platform and any downloadable software, content, services, or applications made available in conjunction with or through the Platform in terms of correctness, accuracy, reliability, or otherwise. Any material, content or data that you download or otherwise obtain through the Platform is at your own risk. You are solely responsible for any damages to your computer system or loss of data resulting from the download of such material, content or data.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations set forth in these Terms might not apply to you, and you might have additional rights. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of 30 days after the date on which you first used the Platform, and no warranties shall apply after such period.

Indemnification

You agree to defend, indemnify, and hold harmless Pro Play Sports Club, its affiliated entities, subsidiaries, its suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney's fees, resulting from or arising out of your misuse of the Site, Platform, Content, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.

Limitation of Liability

In no event shall Pro Play Sports Club, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; (iv) your purchase of merchandise and your communication with Pro Play Sports Club, and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Arbitration Agreement

Please read the following carefully:

This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Pro Play Sports Club. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and Pro Play Sports Club shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court, including attorney's fees.
For the purpose of this Arbitration Agreement, “Pro Play Sports Club” means Pro Play Sports Club and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Pro Play Sports Club regarding any aspect of your relationship with Pro Play Sports Club, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
We each agree that, except as provided below, any and all disputes, as defined above, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court in accordance with this Arbitration Agreement.

a) Pre-Arbitration Dispute Resolution

Before initiating any Dispute, whether in court or arbitration, you must first give Pro Play Sports Club an opportunity to resolve the Dispute by mailing written notification to Pro Play Sports Club, Dispute Department, 420 Fifth Avenue, New York, NY 10018. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Pro Play Sports Club does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.

b) Arbitration Procedures

If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or Pro Play Sports Club may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes in which less than $75,000 is at issue, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. In the event that this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with Pro Play Sports Club, the Terms of Use, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

c) Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the Federal Arbitration Act (“the FAA”), and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

d) Location of Arbitration

Arbitration shall take place in New York County, New York, but it may proceed by telephone if you so choose.

e) Payment of Arbitration Fees and Costs

Pro Play Sports Club will pay all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.

f) Class Action Waiver

Any Disputes arising out of or relating to your use of the Site and/or attendance at, participation in or use of Content, any purchase you make on or through the Site, any information you provide via the Site, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action). Neither you, nor any other User of Pro Play Sports Club and/or user of Pro Play Sports Club's services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Pro Play Sports Club and is non-severable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against Pro Play Sports Club in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.

g) Limitation of Procedural Rights

You understand and agree that, by entering into this Arbitration Agreement, you and Pro Play Sports Club are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Pro Play Sports Club might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By using the Pro Play Sports Club Site or any Class, product or services, or otherwise accepting these Terms, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator's decision is much more limited than in court, and in general an arbitrator's decision may not be appealed for errors of fact or law.

h) Severability

If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.

i) Continuation

This Arbitration Agreement shall survive the termination of your contract with Pro Play Sports Club and your use of the Pro Play Sports Club Site, Content and Platform.

Governing Law

These Terms shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in state or federal court located in New York, New York.

Claims; Statute of Limitations

In the event you have a cause of action that is not otherwise barred by these Terms, you and Pro Play Sports Club agree that any cause of action arising out of or related to these Terms and/or the Site and/or attendance at, participation in, use of or purchase of subscriptions, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Notice

Except as explicitly stated otherwise, legal notices will be served, with respect to Pro Play Sports Club, on Pro Play Sports Club's national registered agent, and, with respect to you, to the email address you provide to us during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

Non-Waiver of Rights

No waiver of any of these Terms by Pro Play Sports Club is binding unless authorized in writing by an executive officer of Pro Play Sports Club. In the event that Pro Play Sports Club waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Pro Play Sports Club to enforce the same at a later time. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.

Assignment

You may not assign your rights under these Terms to any third party; we may assign our rights under these Terms without condition.

Entire Agreement

These Terms constitute the entire agreement between you and Pro Play Sports Club regarding the use of the Platform and supersedes any prior or contemporaneous understandings and agreements between you and Pro Play Sports Club related to the subject matter hereof.

Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Internet Access Charges

You are responsible for any costs you incur to access the internet.

Feedback

You further agree that we are free to use for any purpose whatsoever ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback or content posted in response to, as a supplement to, or in association with any other content available on or in connection with the Platform (“Feedback”), whether oral, written or video/multimedia, that you may send to us or our affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that we have no duty to you, with respect to such Feedback.

Disclosures

The Platform hereunder is offered by Pro Play Sports Club LLC, located at: 420 Fifth Avenue, New York, NY 10018. Contact us at info@proplaysportsclub.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Infringement Policy

If you are a copyright owner or an agent thereof, and you believe that any content on the Platform infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the information listed in the below DMCA Notice in writing (see 17 U.S.C § 512(c)(3) for further detail). Upon receipt of the Notice as described below, Pro Play Sports Club will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Platform. You acknowledge that if you fail to comply with all of the requirements listed below, your Notice may not be valid.

DMCA Notice of alleged infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or — if multiple copyrighted works are covered by this Notice — you may provide a list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Platform(s) where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Pro Play Sports Club's Designated Copyright Agent:

Contact Us

If you have any questions about these Terms, please contact us at: info@proplaysportsclub.com.