Terms and Conditions
What is HopperFit?
HopperFit is a software application that enables our users to book a wide range of fitness services offered and operated by partnering fitness studios, gyms, trainers, food providers, and wellness centers (collectively referred to as “Partner” or “Partner user”). HopperFit does not own, operate or control any of the appointment schedules, food menus, or facilities accessible through our software.
Terms & Conditions
Effective January 27, 2019 Team HopperFit welcomes you! HopperFit provides services to you subject to the following conditions. If you utilize any HopperFit products, not inclusive of only online or through a downloadable app, you accept these conditions. Please read them carefully.
PARTNERS & USER CONDITIONS
REGISTRATION AS A PARTNER USER
A Partner must be 18 years or older to register as a Partner. Only authorized personnel of a fitness service provider can register for a Partner account and sign a HopperFit agreement. HopperFit is not liable for any legal ramifications from any unauthorized representation. We reserve the right to temporarily or permanently restrict your access and use of HopperFit services if any of these Terms and Contract are breached.
A Partner user must register with one primary location. Any additional location must be submitted and then approved by HopperFit administration. HopperFit is not liable for any injury that may result at an approved or unapproved location. A Partner’s location will only show up on the HopperFit map upon approved registration.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HopperFit or its content suppliers and protected by international copyright laws. The compilation of all content on this Site is the exclusive property of HopperFit, with copyright authorship for this collection by HopperFit, and protected by international copyright laws.
HopperFit’s trademarks and trade dress may not be used in connection with any product or service that is not HopperFit’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HopperFit. All other trademarks not owned by HopperFit or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HopperFit or its subsidiaries.
LICENSE AND SITE ACCESS
HopperFit grants you limited license to access and make personal or business use of the HopperFit Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent from HopperFit. This license does not include any resale or commercial use of this Site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this Site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HopperFit. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HopperFit and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing HopperFit’s name or trademarks without the express written consent of HopperFit. Any unauthorized use terminates the permission or license granted by HopperFit. You are granted a limited, revocable, and nonexclusive rights to create a hyperlink to the home page of HopperFit so long as the link does not portray HopperFit, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter deemed by HopperFit. You may not use any HopperFit logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept liability and responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. HopperFit and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders under their sole discretion.
When you visit HopperFit or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HopperFit reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant HopperFit and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HopperFit and its associates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify HopperFit or its associates for all claims resulting from content you supply. HopperFit has the right but not the obligation to monitor and edit or remove any activity or content. HopperFit takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from HopperFit are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
WAIVER OF ENTRY FOR PARTNER USERS
By providing any service to a Hopper, you agree that it is your or your business or organization’s responsibility to ensure that all current or future clients sign a waiver for personal injuries barring you from any liabilities. HopperFit does not accept any liability for any personal injury at your facility at any time. HopperFit also is not responsible for any liabilities resulting from lack of a personal injury waiver between your facility and our Hopper clients. Additionally, HopperFit is not responsible for any mental or emotional ‘injury’ that a Hopper may pursue after entering a facility. A facility is defined as a gym or other physical or online/remote location where a Partner user conducts business as stated on HopperFit Site. HopperFit is not liable for any injury of any kind that occurs during a provided service through HopperFit users.
It is HopperFit’s expectation that Partners’ provide their clients and Hoppers a liability form to sign prior to receiving services from the Partner. In the event that this does not occur it is understood that it is not HopperFit’s responsibility for any type of injury or negligence that may occur as stated previously.
HopperFit and its associates attempt to be as accurate as reasonably possible. However, HopperFit does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by HopperFit itself is not as described, your sole remedy is to return it in an unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY HopperFit ON AN “AS IS” AND “AS AVAILABLE” BASIS. HopperFit MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HopperFit DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HopperFit DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HopperFit ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HopperFit WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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 ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, BY AGREEING TO USE HopperFit PRODUCTS AND SERVICES YOU AGREE TO ACCEPT THAT ANY INDIRECT OR DIRECT INJURY, DAMAGE OR UNFAVORABLE OR ILL OCCURENCE OF ANY KIND IS YOUR RESPONSIBILITY AND THE HopperFit IS NOT LIABLE.
By visiting HopperFit, you agree that the laws of the state of FLORIDA, UNITED STATES, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and HopperFit or its associates.
Any dispute relating in any way to your visit to HopperFit or to products you purchase through HopperFit or to services provided by HopperFit shall be submitted to confidential arbitration in FLORIDA, UNITED STATES, except that, to the extent you have in any manner violated or threatened to violate HopperFit’s intellectual property rights, HopperFit may seek injunctive or other appropriate relief in any state or federal court in the state of FLORIDA, UNITED STATES, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
TERMS SPECIFIC TO PARTNER USERS
Partners take full and sole responsibility for any and all personal liability of each
Hopper. A Hopper must sign a one-time all inclusive liability waiver with each servicing Partner.
POSTING CLASS SCHEDULES & ADMITTANCE
HopperFit publishes your schedule on the HopperFit Site. It is a Partner’s responsibility to post schedules in a timely manner. When a Hopper registers for your appointment bookings, you will receive a request notification and it’s your responsibility to accept or reject the request. For general booking (non-appointment), you agree to allow entry to all Hoppers at any time. You hereby also agree to generally accept all HopperFit clients regardless of race, gender, religion, sexuality or legal age. In any case that a Hopper is refused entry into your establishment, HopperFit will review refusals on a case to case basis. If we believe there was an unjust or illegal refusal of entry, HopperFit reserves the right to suspend and or terminate your agreement and HopperFit membership as we deem necessary.
All HopperFit bookings are done through the HopperFit Site only. You hereby agree not to accept a direct registration on behalf of HopperFit. HopperFit will not payout to any Partner for any bookings/visits that did not originate from the Site.
All HopperFit food requests are done through the HopperFit Site only. You hereby agree not to accept a direct payment from HopperFit for any food pickup or delivery to a requesting Hopper. HopperFit will not payout to any Partner for any bookings/visits that did not originate from the Site.
As a HopperSite, you may cancel or postpone a booking. For non-appointment bookings, a Partner can cancel the booking at any time. For appointment only bookings, a Partner has up to 12 hours prior to the start of the booking session to accept or reject a booking request from a Hopper. If a response is not received from the Partner within 12 hours prior to the start of the start of the booking session, then the request will automatically be cancelled, and the Hopper will be notified accordingly. You may cancel a booking session within 12 hours for justified reasons such as personal, health, or safety emergency. HopperFit reserves the right to review each case on a case to case basis. To assure continuity of bookings, HopperFit requests that a Partner performs no more than 5 class cancellations per Partner location within a calendar month period.
HopperFit acts as a lead generator for Partners by bringing patrons to their fitness facility. However, HopperFit will pay you a fee (“Payout Rate”) for each visit after a Hopper’s first visit booked through the HopperFit Site. This Payout Rate is a negotiable rate between the HopperFit it’s Partners. HopperFit will honor this Payout Rate regardless of any promotions that we offer out Hoppers. HopperFit reserves the right to renegotiate this Payout Rate at any time deemed necessary. Any such renegotiated Payout Rate will be amended to the contract appropriately. Please contact a HopperFit associate for the CURRENT terms of your payout.
As a general payout practice, HopperFit will tally your total visits for a given time period and make a lump sum payment to your Payment Account on file. Payments are only made if you had any confirmed bookings during this time period. Your first payout will be processed at the end of the calendar month you created your HopperFit account and will reflect the total amount for any Hopper visit(s) during that period. It may take up to 10 business days, from the last day of each month, for the payment to be processed.
A Partner user is responsible to maintain, update and provide an accurate Payment Account. You can edit your Payment Account information by logging into your Partner profile. If for any reason payment is not successful, due to incorrect or expired bank account information or any other reasons, such as not updating or cancelling your account, HopperFit is not liable for any delay in payment. We will continue to make a payment attempt to your Payment Account on file until otherwise updated.
HOPPERFIT PRICES AND PROMOTIONS
HopperFit reserves the right to make changes to its prices and promotion offers to our Hoppers from time to time. This includes price changes and discounts on our current subscription packages. Price changes do not affect your Payout Rate in any capacity and does not change the current negotiated Payout Rate with HopperFit. As for Hoppers, when purchasing fitness sessions through a promotional deal, Hoppers are only allowed to redeem one fitness session per provider. Hoppers are not allowed to book more then one session with each service provider under any promotional deals.
TEMPORARY DORMANCY FOR PARTNER USERS:
HopperFit allows for an inactive schedule for reasons such as facility relocation, temporary hardship, or long periods of traveling. In any such case, HopperFit can place your account in temporary dormancy for an agreed upon time. You agree to submit an account hold request via email with at least 2 weeks prior notice. It is your responsibility to go into your account and cancel all classes that will not be available to Hoppers. You also agree that you will honor all your posted class schedules within this two weeks period that is not cancelled unless canceled under our cancellation policy. You will not have access to your HopperFit account during the Hold period. You can reactivate your account any time. HopperFit does not charge any hold fees nor any fees to reactivate your account. It is your responsibility to notify HopperFit when you want to reactivate your account.
HopperFit does not currently have any imposed Partner related fees. However, HopperFit reserves the right to change its policy regarding fees such as class cancellations and temporary dormancy in the future. We also reserve the right to introduce other fees and associated amounts as we deem necessary in the future.
USER NON PARTNER FEES
A Partner user is entitled to charge our Hoppers any normal fees that you charge to all patrons outside of your respective price packages such as equipment fees. You agree not to charge our Hoppers any HopperFit only fees.
CONTRACT TERMINATION FOR PARTNER USERS
You may request to terminate this contract at any time. You agree to submit a Termination request via email to HopperFit. Barring any violation or breach of these Terms, HopperFit will honor the Termination request within 2 weeks of receipt of request. You agree that all posted classes must be honored unless a class cancellation has been issued of which must follow our cancellation policy.
TERMS SPECIFIC TO HOPPERS
A potential user must register on the HopperFit Site to become a Hopper. The HopperFit registered name must match the Hopper’s personal identification. An accepted form of personal identification is a government issued state driver’s license or passport. Any accepted form of personal identification must be government issued. This will be used to verify an appointment or redeem a meal with a HopperFit Partner.
A “Hop” is a HopperFit credit that can be used to book any of the fitness services or purchase meals available by HopperFit Partners. A Hop is only purchased through HopperFit products and can not be obtained by other means. HopperFit packages consist of a defined amount of Hops to use within a defined time period. Each package will allocate the respective amount of Hops to the Hopper’s account. Hoppers are able to buy as many packages and accumulate as many Hops as desired.
Purchased Hops will expire 30 days from the date of purchase with no use. Purchasing another package will reset the 30 day expiration window. There is no grace period after the expiration date has passed. Newly purchased Hops must be purchased in order to use HopperFit services and products.
Once a package has been purchased, there are no refunds.
Hops are automatically deducted from a Hopper’s account upon booking service from a Partner.
APPOINTMENT SCHEDULING AND ATTENDANCE
A Hopper must have enough Hops in order to book an appointment with a Partner. If there are insufficient Hops, the Hopper will be prompted to purchase a package.
A Hopper cannot book an appointment that will conflict with a previously booked appointment on their schedule.
A Hopper is only allowed to check into an appointment at a maximum of 1 hour prior to the start of the appointment.
A Hopper must check in with the Partner for each visit. The Partner is responsible for capturing the Hopper’s attendance.
A Hopper is allowed to cancel an appointment up to 24 hours prior to the start time without a penalty. The respective Hops will be automatically reinstated to the Hopper’s account.
If a Hopper fails to attend an appointment (no show) the Hopper will lose 100% of the respective Hops allotted for that appointment.
A Hopper may dispute a cancelation charge by submitting a support ticket via the HopperFit website in the support page. Each dispute will be reviewed by HopperFit’s administration and a response will be provided accordingly.
A Hopper must have enough Hops in order to request food from a Partner. If there are insufficient Hops, the Hopper will be prompted to purchase a package on Site.
All confirmed meal requests must be redeemed within 30 days of request. There are no refunds of Hops for food requests for any reason.
Hoppers have the right to cancel their account at any time. Hoppers will forfeit all of their Hops once their account is cancelled. There will be no refunds for any unused Hops and if the Hopper decides to activate a new HopperFit account they will not be able to access any forfeited Hops prior to cancelation.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to HopperFit. We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
You may stop using HopperFit’s products at any time. A Hopper can stop service by cancelling their account. HopperFit reserves the right in its sole discretion to cease or suspend any part of the HopperFit’s services immediately without any notice to you if: (a) you breach, or threaten or intend to breach, these terms; (b) HopperFit is required to do so under any applicable law, or rule of regulation, or significant complaints from Hoppers or Partners for any specific reason; (c) the service relies on data, services or another business relationship between HopperFit and a third party service provider, and such relationship terminates or changes in such a way that affects HopperFit’s ability to continue providing the services; (d) continuing to provide the services could create a substantial economic burden on HopperFit as determined by HopperFit in its sole discretion; or (e) continuing to provide the service could create a security risk or material technical burden as determined by HopperFit in its sole discretion.