PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
GymLynx, Inc. (hereinafter referred to as "GymLynx", "we", "us" or "our") operates a platform and community marketplace that helps people browse, compare and rent unused recreation and fitness space from healthclubs, yoga studios, pilates studios, karate studios, dance studios and other indoor facilities, whether through our website or our mobile applications ("Platform").
Disclaimer: This website, service, marketplace, exchange, and system contains content for fitness professionals that is for information purposes only. It is the responsibility of each fitness professional to evaluate the suitability, accuracy and usefulness of any and all information contained herein; and confirm all proper medical clearances of individual clients; and take the proper precautions for each individual client and the fitness space rented/used herein.
Facility means any space listed for rent on GymLynx (regardless of price).
Gym means the owner and physical location of the Facility listed in GymLynx for rent, included but not limited to a full-service healthclub, crossfit box, small personal training studio, yoga studio, pilates studio, karate studio, dance studio, boxing gym, karate dojo, private school gymnasium, ice rink, indoor pool, hotel conf room, etc.
Trainer means any person using our marketplace to rent space. This explicitly includes fitness trainers, instructors, pros, senseis, teachers, coaches, leaders, physical therapists, masseuses and any individuals.
Client means any person that enters the Facility under the Trainer's rental agreement, whether or not invited by Trainer, but is present during the reservation time the Trainer leads its exercise class or other fitness activity.
Individual means a person using our marketplace to rent space on their own behave and will NOT be bringing any Clients to a Gym or Facility.
User means anyone with an account in GymLynx, whether Trainer or Gym.
Platform means this GymLynx website and services offered herein.
Aggregated information means information about all GymLynx users or specific groups or categories of users that we combine together and which does not include the users’ Personal Information.
Personal Information means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of GymLynx.
Additional terms may be defined in sections below.
You may register for an account by providing a unique email address and password. You may also register to join by logging into your account with certain third-party social networking sites (including, but not limited to, Facebook, Google+ and LinkedIn; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your GymLynx Account with Third-Party Accounts. You represent that you are entitled to disclose your Third-Party Account login information to GymLynx and/or grant GymLynx access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating GymLynx to pay any fees or making GymLynx subject to any usage limitations imposed by such third-party service providers.
In connection with registering for, joining, using, renting, listing space or participating in the Platform (whether as a Trainer or a Gym), you agree (i) to provide accurate, current and complete information about you and your organization as requested by GymLynx ("Registration Data"); (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update the Registration Data and any other information you provide to GymLynx, if changes occur, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
By using the Platform, you are agreeing that you have full rights and authority to manage the Gym account, post pictures and logos of the Gym and Facility(ies) on the Platform and make any and all Facilities in your Gym available for rental. Your Gym has a valid business license and all government required insurance for your business is valid at the time of use by a Trainer. In addition, you acknowledge and approve GymLynx acting as a sales agent on your behalf for your facilities, by displaying your facility (both images and information) and adding a service fee on top of your rental price.
By using the Platform, you are agreeing that you are either an individual who understands your own medical conditions and care therof, or you are a certified trainer or instructor of some sort with proper education and knowledge in the exercise you are leading, plus you are familiar with the medical conditions of all students or clients under your supervision during the session rented on GymLynx. In addition, you have a valid business license to conduct classes and the proper insurance for your profession is valid at the time of your use of the Facility.
You also understand and agree that GymLynx reserves the right, in its sole discretion, to make a claim under your professional liability insurance for any medical claims involving your instruction and your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to a Gym or any personal or other property located at a Gym. You agree to cooperate with and assist GymLynx in good faith, and to provide GymLynx with such information as may be reasonably requested by us, in order to make a claim under your professional liability, homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as GymLynx may reasonably request to assist us in accomplishing the foregoing.
As a Trainer, you agree to abide by the following Trainer policies:
- You agree to be bound by and comply with any additional terms, conditions and policies provided by the Gym relating to the use of a specific Facility, including compliance with building security procedures, IT access and use procedures, maximum occupancy limitations, legal terms, and other terms or procedures provided by the Gym ("Gym Policies"). The Gym Policies may be provided in electronic format through the Platform, or in hardcopy format upon request.
- You may not use the Gym to carry out any illegal or illicit activities or use the Facility in violation of law.
- You are responsible for leaving the Facility in the condition that it was provided to you. If you see any issues prior to use, notify the gym prior to your use. You may be held liable for the repair cost for all damage to the Facility and items therein during your use thereof. This includes the actions of your Clients during that time.
- Rentals are non-transferable.
- You agree to pay the fees listed on the Platform at the time of your reservation, prior to use of such Facility, and you will not fraudulently request a refund. If you have fraudulently requested a refund, you are responsible for all issue dispute and resolution costs, whether direct or indirect, reasonable or unreasonable. If you have a real issue with payment or use of a Facility, please contact GymLynx immediately.
You acknowledge that the Platform is a forum to allow anyone to browse, compare and rent, offer to rent, and make available exercise space. Your transactions, communications and interactions with any other Users, including transactions, communications and interactions initiated through the Platform, are solely between you and such Users, and you are solely responsible for such transactions, communications and interactions. You acknowledge that GymLynx does not offer space rentals and GymLynx only acts as an agent for a Gym. To the maximum extent permitted by applicable law, GymLynx is not responsible or liable in any manner for any loss or damage arising out of your transactions, communications and interactions with any other Users and you hereby release GymLynx from any and all claims, causes of actions, obligations or liabilities arising from or relating to such transactions, communications and interactions.
GymLynx uses a reputable and secure third party for all credit card transactions. GymLynx does NOT store your credit card information.
You agree to contact GymLynx first for any and all disputes. Email us at disputes.
If you are a Trainer, when you find a Facility that you wish to rent through the Platform and you have been duly authorized to rent the Facility by the Gym, then you will pay the rental fee through GymLynx, who may ask for your credit card information and billing address, and GymLynx will process your rental fee payment on behalf of the Gym (the "GymLynx Billing Option"). Any reservations that are cancelled by the Trainer or by the Gym at the Trainer's request are subject to the Cancellation Policy (as described below). If you are a Gym, you acknowledge and accept GymLynx operating as an agent and as such, will add a service fee on top of the Facility price you set.
For fraud protection, ALWAYS pay through the GymLynx website and NEVER pay with cash, Western Union or any other form of wire transfer directly to an individual or gym. If you do suspect fraud, please notify GymLynx as soon as possible. Refunds will ONLY be provided if you pay through the GymLynx website.
GymLynx uses a secure third party for all EFT transactions to Gyms.
Payment processing services to Gyms are provided by Stripe (www.Stripe.com) and are mandated to be subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the Stripe Services Agreement). By agreeing to these terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a mandated condition of GymLynx enabling payment processing services through Stripe, you agree to provide accurate and complete information about you and your business, and you authorize GymLynx to share it with Stripe and the transaction information specifically related to your use of the payment processing services provided by Stripe.
You agree to contact GymLynx first for any and all problems and disputes. Email us at disputes.
Use of the Platform is also governed by our Cancellation Policy, a copy of which is located at www.GymLynx.com/documents/CancellationPolicy. By using the Platform, you are agreeing and consenting to the terms of the Cancellation Policy.
All reservation, use, and refund disputes must be submitted to GymLynx within 48 hours of the reservation start time.
You, the Trainer, are obligated to use the Facilities you rent in a professional, courteous and workmanlike manner. You are also solely responsible for the clients/guests you bring to the Gym and Facility. You and your guests shall not knowingly or intentionally steal, damage or permanently alter anything, in any way, during or after your use. You obey the restrictions and guest limits listed in the Platform for that Facility. You shall ensure you leave the space in the same condition as you entered it. You report any accidental or intentional damage of the space and any equipment you use to the appropriate Gym personnel. If there was any person injured, you report it immediately to the appropriate Gym personnel. Any personsal injury occuring after leaving the premises may NOT be covered by the Gym. GymLynx is not responible for any damage or theft of your or your clients'/guests' belongings.
In addition, You and your guests may not promote any other local competing facility while in the rental facility, this includes wearing any apparel or uniform from another gym/studio. You and your guests may not approach anyone in the rental facility, for any reason, including solicitation. If anyone asks you any question regarding the rental facility, you will refer to them to a facility representative.
If you bring any minors (anyone under the age of 18 years) into the Facility, parental consent is required for each minor. If no parental consent is provided to the Facility, the Facility has the option not to allow that individual to participate in your class. A Gym also has discretion over the occupancy and capacity of its Facilities. Various exercises demand different amount of square foot space per person. If you plan to bring many Clients, it is your responsibility to confirm the number with the Gym is acceptable for the Facility.
By using this site and any Facilities listed on the site, you hereby certify and acknowledge that you are educated and skilled in the fitness classes you are leading, instructing and/or teaching. Plus, you have assessed all your students, guests and/or clients to ensure they are healthy enough to participate in your fitness class. GymLynx and the Facilities listed on the site are not responsible for your experience and skill level, and it is highly recommended that you have your own professional liability insurance.
Lastly, although Gyms are obligated to provide accurate and complete information about their Facilities, GymLynx makes no representations about a Facilities information listed on our Platform. It is the reponsibility of the Trainer to evaluate and make your own decision as to the suitabiity of each Facility you rent. In addition, it is the responsibility of the Gym to evaluate and make your own decisions as to the suitability of each Trainer who wants to rent your Facility.
GymLynx is a marketplace that connects Trainers with Gyms. GymLynx is not responsible in any way for what happens to a Trainer, its Clients or the Gym during the Facility rental period. Use of any Facility is at the discretion of the trainer. If an event happens which includes financial loss, the Trainer's or Gym's insurance shall be contacted and may or may not cover the loss.
Individuals: You may or may not have your own insurance for personal property loss, damage or for injury.
Trainers: You are a business and as such, you should have both General Liability Insurance and Professional Liability Insurance. This is solely your responsibility. You should upload a digital copy of your policies into your personal profile on GymLynx.
Gyms: You are a business and as such, you should have both General Liability Insurance and Professional Liability Insurance. This is solely your responsibility. You should also check on GymLynx for the Trainer's insurance policies.
You may be able to display certain information on designated portions of the Platform or otherwise through the Platform regarding you or your company or organization including, if you are a Gym, your Facility (a "Profile"). Your Profile will display to other Users certain of your Registration Data and other content about you or your company or your organization including, if you are a Gym, your Facility, that you upload or otherwise provide to GymLynx for use in your Profile (collectively the "Profile Content"). You agree to provide accurate and current information in your Profile and to promptly update the Profile Content, if any changes occur, to keep it accurate and current.
GymLynx does not verify the accuracy or authenticity of any User Content, including any Facility descriptions, measurements or Facility availability information provided by Gyms, and makes no guarantees, representations or warranties with respect to any User Content. Assume all information is approximate. It is your responsibility to check the accurancy of the information contained herein. If you feel certain information is grossly incorrect or inaccurate, please contact GymLynx.
You may NOT post images of other Users, nor images that involve content of an illicit, criminal, racist, xenophobic nature, violent, defense of terrorism or violation of human rights, defamation, pornography, deception or fraud as regards the receptors, contains viruses, trojan horses, timebombs, worms, cancelbots, or other disabling or harmful computer code or constitute an attack on GymLynx or the rights of GymLynx itself ("Offensive Content").
"GymLynx" and its logo are trademarks of GymLynx, Inc. "GymLynx" together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of GymLynx in the U.S. and other countries ("GymLynx Marks"). You may not use the GymLynx Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that GymLynx endorses any product or service. You may not reproduce or use the GymLynx Marks without the prior written permission of GymLynx.
- use automated scripts to collect information from or otherwise interact with the Platform;
- impersonate any person or entity, falsely state or otherwise misrepresent you or your affiliation with any person or entity, or falsely state or otherwise misrepresent your education or certifications;
- upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation;
- upload, post, transmit, distribute, store or otherwise make publicly available on the Platform any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- upload, post, transmit, distribute, store or otherwise make available any material that contains software viruses, trojan horses, timebombs, worms, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, disable, harm or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate, bully or harass another;
- upload, post, transmit, distribute, store or otherwise make available content that is of an illicit, criminal, racist, xenophobic nature, defense of terrorism or violation of human rights, defamation, pornography, deception or fraud as regards the receptors, or constitute an attack on GymLynx or the rights of GymLynx itself ("Offensive Content");
- upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
- use or attempt to use another's account, service or system without authorization from GymLynx, or create a false identity on the Platform;
- use the Platform in a manner that may create a conflict of interest or undermine the purposes of the Platform, such as trading reviews with other Users or writing or soliciting shill reviews;
- upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
- upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of GymLynx, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose GymLynx or its users to any harm or liability of any type.
You may not use the Platform in any situation where failure or fault of any kind of the Platform could lead to death or serious bodily injury of any person, or to physical or environmental damage ("High Risk Use"). High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug and Cosmetic Act.
In addition, GymLynx is not responsible for the health of User's of this site, nor any and all clients of User's who may or may not rent and use space listed on this site.
- the User Content and all other content submitted to the Platform through your account or otherwise posted, transmitted, or distributed by you on or through the Platform: (i) you own or have complete authority and clearances to use on the site; (ii) does not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (iii) does not contain libelous, defamatory or otherwise unlawful material, and (iv) is truthful and accurate; or
- you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.
The Platform may contain (or you may be sent through the Platform) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Platform or any Third Party Content posted on, available through the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by GymLynx. If you decide to leave the Platform and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the site.
You may not derive or attempt to derive the source code of all or any portion of the Mobile Software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Mobile Software or any part thereof.
GymLynx and its licensors own and shall retain all intellectual property rights and other rights in and to the Mobile Software, and any changes, modifications or corrections thereto.
GymLynx respects the intellectual property rights of others. If you believe that any Platform Content is owned by you and has been used in a way that constitutes copyright infringement, please immediately send notice to GymLynx. We will work with you to correct any verified infingements. Include the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our site;
- Your name, address, telephone number and email address;
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Copyright Notice is correct and accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Notices should be emailed to GymLynx's copyright group, with the subject of Copyright Infringe, at email@example.com
GymLynx is not responsible or liable in any manner for any User Content or Third Party Content posted on the Platform or displayed in connection with the Platform, including the accuracy of any Facility descriptions, Facility availability information or Trainer information. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or distribute on the Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Platform or in connection with any User Content or Third Party Content. GymLynx is not responsible for the conduct, whether online or offline, of any User, including any Trainer's non-compliance with any terms, conditions and policies relating to the use of any Facility. The Platform may be temporarily unavailable from time to time for maintenance or other reasons. GymLynx shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Platform. Under no circumstances will GymLynx be responsible for any personal injury or death resulting from the use of the Platform, any User Content or Third Party Content, or any use of Facilities, products or services provided by Users. GYMLYNX PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO GYMS AND TRAINERS "AS IS," AND, EXCEPT AS PROVIDED HEREIN AND IN ANY FACILITY POLICIES, THE GYMS PROVIDE THEIR FACILITYS TO TRAINERS "AS IS," AND GYMLYNX AND ITS SUPPLIERS (AND GYMS WITH RESPECT TRAINERS THAT USE THEIR FACILITYS) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE FACILITYS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GYMLYNX CANNOT GUARANTEE AND DOES NOT PROMISE TO GYMS AND TRAINERS, AND GYMS CANNOT GUARANTEE AND DO NOT PROMISE TO TRAINERS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A FACILITY. WITHOUT LIMITING THE FOREGOING, GYMLYNX DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; GymLynx AND GYMS DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY FACILITY RENTAL WILL MEET YOUR REQUIREMENTS; AND GYMLYNX DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GYMS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO GYMS.
THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT (I) WILL GYMLYNX OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON, OR (II) WILL GYMS OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO TRAINERS, IN EACH CASE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE PLATFORM, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE PLATFORM, OR A TRAINER'S USE OF A FACILITY, EVEN IF GYMLYNX (OR THE GYM AS APPLICABLE) IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) GYMLYNX'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU, AND (B) EACH GYM'S LIABILITY TO A TRAINER OR ANY PARTY CLAIMING THROUGH SUCH TRAINER, IN EACH CASE FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GYMLYNX FOR THE PLATFORM, OR, WITH RESPECT TO GYMS, THE AMOUNT PAID FOR THE APPLICABLE FACILITY, IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. GYMS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO GYMS.
GymLynx may modify the Platform, and all content, software and other items used or contained in the Platform, at any time, in its sole discretion, without notice. References on the Platform to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GymLynx.
Your access to, use of, or participation in the Platform, including any content therein, may be prevented by GymLynx at any time. Notwithstanding anything herein to the contrary, upon deactivation of your account, GymLynx will cease displaying your Profile Content, including your Facility listings if you are a Gym, on or through the Platform.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, Marketplace or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against GymLynx any class action, class arbitration, or other representative action or proceeding.
By using the Website, Marketplace or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and GymLynx (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against GymLynx may be commenced only in the federal or state courts exclusively located in the County of King, Washington, USA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.