Revised: Aug, 2017
The herein Terms of Service for Clients (“Terms”) govern the use of the AnyFitt, LLC. (“AnyFitt”)
website and mobile application (collectively, the “Site”) and the AnyFitt services (“Services”).
These Terms apply to all users of the Site and Services. By accessing or using the Site or Services,
agree to these Terms.
The Site and Services offer a marketplace platform where users who are seeking, among other things,
available sport court hours, fitness classes and private fitness sessions (“Clients”)
explore and discover, among other things, sport facilities, fitness centers and private instructors
in their vicinity or in any other desired location and said Businesses can offer these services and
to Clients. Clients can, among other things, locate Businesses, book sport and fitness services, and
Businesses using the Site and Services. Businesses can post, among other things, sport court hours,
services and classes, and receive payments using the Site and Services.
The Site and Services shall only be used to obtain or offer sport and/or fitness services; no other
services shall be obtained or offered.
2. Workers Classification and Withholdings
The Site and Services are not employment services and AnyFitt does not serve as an employer of any
or Business. As such, AnyFitt will not be liable for, among other things, any tax or withholding,
but not limited to, unemployment insurance, employer’s liability, social security, or payroll
withholding tax in connection with your use of the Site and Services.
You agree to indemnify, hold harmless and defend AnyFitt from any and all claims that a Business was,
among other things, misclassified as an independent contractor, any liabilities arising from a
by a court, arbitrator, governmental agency or other body that a Business was misclassified as an
(including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim
AnyFitt was an employer or joint employer of a Business, as well as claims under any
laws, such as those relating to employment termination, employment discrimination, harassment or
retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement
benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
3. User Vetting
Clients and Businesses may be subject to an extensive vetting process before they can register and
their use of the Site and Services, including but not limited to a verification of identity and a
comprehensive criminal background check, at the Country, State and local level, using third party
as appropriate. Clients and Businesses hereby give consent to AnyFitt to conduct background checks
as required in compliance with federal and state laws and the Fair Credit Reporting Act.
AnyFitt takes great pride in protecting Clients pursuant to the New Jersey Consumer Fraud Act and all
Businesses, Users, and Clients must abide by the prescriptions of said Consumer Fraud Act or shall
subject to violations. AnyFitt will not tolerate any violations of the Consumer Fraud Act and shall
held responsible for any violations committed by any of the users, Clients, and/or Businesses.
Although AnyFitt may perform background checks of Clients and Businesses, as outlined above, AnyFitt
cannot confirm that each User is who they claim to be and therefore, AnyFitt cannot and does not
responsibility for the accuracy or reliability identity or background check information or any
provided through the Site and Services.
When interacting with other Users, you should exercise caution and common sense to protect your
safety and property, just as you would when interacting with other persons whom you don’t
NEITHER ANYFITT NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR
OF ANY USER OF THE SITE AND SERVICES AND YOU HEREBY RELEASE ANYFITT AND ITS AFFILIATES OR LICENSORS
LIABILITY RELATED THERETO. ANYFITT AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY
OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES.
You must be at least 18 years old to use the Site or the Services.
5. Additional Terms
Some of our Services have additional terms and conditions (“Additional Terms”). Where
Additional Terms apply to a Service, we will make them available for you to read through prior to
of that Service. By using such Services, you agree to the applicable Additional Terms.
6. Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services
using your account. When you use the Site or Services, you shall not:
violate any law or regulation;
violate or infringe other people’s intellectual property, privacy, publicity, or other
use our Site or Services to transmit, distribute, post, or submit any information concerning
other person or entity, including without limitation, photographs or personal contact
others, without their permission;
transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic,
indecent, profane, obscene, hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
transmit any malicious code or computer viruses;
stalk, harass, or harm another individual;
impersonate or misrepresent your affiliation with someone else;
use any means to “scrape,” “crawl,” or “spider” any web
contained in the Site (although AnyFitt does allow operators of public search engines to use
to index materials from the Site for the sole purpose of creating publicly available
indices of the materials, and AnyFitt reserves the right to revoke these exceptions either
or in specific cases);
use automated methods to use the Site or Services in a manner that sends more requests to the
AnyFitt servers in a given period of time than a human can reasonably produce in the same
using a conventional web browser;
interfere with or damage the Site or Services, including, without limitation, through the use
viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of-service attacks,
or IP spoofing, forged routing or electronic mail address information, or similar methods or
register for an AnyFitt account on behalf of an individual other than yourself;
use, display, mirror, or frame the Site or any individual element within the Site or
AnyFitt name, any AnyFitt trademark, logo, or other proprietary information, or the layout
design of any page or form contained on a page, without AnyFitt express written consent;
access, tamper with, or use non-public areas of the Site, AnyFitt’s computer systems,
the technical delivery systems of AnyFitt providers;
attempt to probe, scan, or test the vulnerability of any AnyFitt system or network or breach
security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any
measure implemented by AnyFitt or any of AnyFitt’s providers or any other third party
(including another user) to protect the Site or Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to
provide the Site or Services; or
advocate, encourage, or assist any third party in doing any of the foregoing.
AnyFitt will investigate and prosecute violations of any of the above to the fullest extent of the
AnyFitt may involve and cooperate with law enforcement authorities in prosecuting users who violate
Terms. You acknowledge that AnyFitt has no obligation to monitor your access to or use of the Site
Services or to review or edit any User Content, but has the right to do so for the purpose of
Site or Services, to ensure your compliance with these Terms, or to comply with applicable law or
or requirement of a court, administrative agency, or other governmental body. AnyFitt reserves the
any time and without prior notice, to remove or disable access to any content on the Site that
its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or
harmful to the Site or Services.
7. User Content
You own all content and information you post or share using the Site or Services (referred to as
Content”). You give AnyFitt permission to use your User Content as follows: you grant to
its affiliates a license to use, copy, or display your User Content in connection with the Site or
We may display advertisements in connection with your User Content or on pages where your User
be viewed by you or others and we may use your User Content to advertise and promote AnyFitt, the
the Services. Our license to your User Content is non-exclusive, meaning you may use the User
your own purposes or let others use your User Content for their purposes. Our license to your User
is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use
User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual,
that our license lasts for an indefinite period of time.
You promise that:
you own all rights to your User Content or, alternatively, that you have the right to give
AnyFitt the rights described above;
you have paid and will pay in full any fees or other payments that may be related to the use
your User Content; and
your User Content does not infringe the intellectual property rights, privacy rights,
rights, or other legal rights of any third party.
We may refuse to accept or transmit any User Content. We may remove User Content from the Site or
Services for any reason.
Other than User Content, we own or license the content on the Site and Services, including software,
text, visual, and audio content (collectively, the “Content”) and AnyFitt’s
logos, and brand elements (collectively, the “Marks”). The Content and Marks are
U.S. and international laws. We reserve all rights not expressly granted to you.
9. Copyright Policy
AnyFitt respects the intellectual property of others. If you believe, in good faith, that any
provided on or in connection with the Site and Services infringe upon your copyright or other
property right, please send the following information to AnyFitt’s Copyright Agent at:
140 Hepburn Road, Suite 16-N, Clifton, New Jersey 07012:
A description of the copyrighted work that you claim has been infringed, including the URL
(Internet address) or other specific location on the Site and Services where the material
is infringed is located. Include enough information to allow AnyFitt to locate the material,
explain why you think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted
exists -- for example, the URL (Internet address) where it is posted or the name of the book
which it has been published;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized
the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notice is
accurate, and that you are the copyright owner or authorized to act on the copyright owner's
An electronic or physical signature of the owner of the copyright or the person authorized to
on behalf of the owner of the copyright interest.
information about you.
11. Third Party Content and Interactions
The Site and Services may contain features and functionalities that may link you or provide you with
access to third party content which is completely independent of AnyFitt, including websites,
servers, networks, systems, information and databases, applications, software, programs, products or
services, and the Internet in general. Your interactions with organizations or individuals,
Clients and Businesses, found on or through the Site and Services are solely between you and such
organizations or individuals. You should make whatever investigation you feel necessary or
before proceeding with any interaction with any of these third parties. You agree that AnyFitt is
responsible or liable for any loss or damage of any kind or nature incurred as the result of any
dealings. If there is a dispute between users of the Site or Services, or between users and any
you understand and agree that AnyFitt is under no obligation to become involved. In the event that
a dispute with any other user of the Site or Services, you hereby release AnyFitt and its
their officers, employees, agents, and successors from claims, demands, and damages (actual and
consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes or the Site and Services.
AnyFitt uses Braintree, a division of PayPal, Inc., (Braintree) for payment processing services. By
the Braintree payment processing services, you agree to the Braintree Payment Services Agreement
available here and
the applicable bank agreement available here. If you have questions regarding
the MSA, please contact Braintree at 877.434.2894.
When a Client books, among other things, a sport court hour, a fitness class, or a fitness private
session with a Business through the Site, the Client must provide requested credit card payment
At that time, the Client’s credit card will be charged for the amount due for the hour, class
private session. A Client may cancel an hour, a class or a private session up to 24 hours prior to
scheduled hour, class or private session without charge or penalty and a full refund will be
provided to the
Client for the hour, class or private session cancelled. Cancellations within 24 hours of the
hour, class or private session, will result in a charge equal to the full amount due for the hour,
private session, and no refunds will be provided (unless made in accordance with the Refunds;
Refunds; Credits; Taxes
At AnyFitt’s sole discretion, refunds or credits may be granted as a result of specific refund
guarantee promotions, or to correct only errors made by AnyFitt. All fees are exclusive of all
levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of
taxes, levies, or duties associated with his or her purchases hereunder, excluding United States
AnyFitt Clients can purchase hours, classes or private sessions through AnyFitt using a one-time
model, where the Client is charged for each purchase of an hour, a class or a private session.
will be paid for completed hours, classes and private sessions only. For avoidance of doubt, a
not be paid for cancelled hours, classes or private sessions that are cancelled by the Business or
Client more than 24 hours prior to the scheduled hour, class or private session.
When a Client books an hour, a class or a private session with a Business through the Site, the money
will be reserved from the Client’s credit card at that time. AnyFitt charges a booking fee to
Businesses for each hour, class or private session (the "Booking Fee"). AnyFitt will remit the
payment by the Client for a booked hour, class or private session, less the Booking Fee to the
using the account information provided by the Business. Businesses shall be paid their portion of
purchase within seven (7) days after the offer has been used by the Client.
Cancellation by Clients
Clients may cancel a booked hours, classes or private sessions 24 hours prior to the scheduled hour,
class or private session and obtain a full refund.
Cancellation by Businesses
In the event that the Business cancels a Client(s)’s booked hour, class, or private session
than 24 hours prior to the scheduled hour, class, or private session, the Client(s) shall be
receive a full refund from the Business for the cancelled hour, class or private session. If there
second instance of a cancellation by a Business(es), said Business(es) will be charged a penalty of
The third instance of a cancellation will result in a ban from using AnyFitt’s services.
At AnyFitt’s sole discretion, refunds or credits may be granted to Clients as a result of
refund guarantee promotions, or to correct only any errors made by AnyFitt. Any refunds made to a
will be deducted from any amounts paid to the Business. Any additional payment terms and details
provided to Businesses by AnyFitt.
The Site and Services may contain links to other websites, or allow others to send you such links. A
to a third party’s website does not mean that we endorse it or that we are affiliated with it.
not responsible or liable for any damage or loss related to the use of any third-party website. You
14. Changes to the Site or Services
AnyFitt enhances and updates the Site and Services often. We may change or discontinue the Site or
Services, with or without notice to you.
We reserve the right not to provide the Site or Services to any user. We also reserve the right to
terminate any user’s right to access the Site or Services at any time, in our discretion. If
violate any of these Terms, your permission to use the Site and Services automatically terminates.
16. Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANYFITT AND
OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND
(REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS
IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
IN PARTICULAR, ANYFITT AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR
COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION,
RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICE), OR THE CONTENT OF ANY
WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. ANYFITT AND ITS AFFILIATES WILL HAVE NO
ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE
YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS
ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR
(e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE OR
(f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT
E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
ANYFITT AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD
PARTY PRODUCT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SERVICES OFFERED BY BUSINESSES,
ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (INCLUDING BOTH CLIENTS AND
BUSINESSES). YOU UNDERSTAND THAT ANYFITT MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON
OTHER SCREENING OF CLIENTS OR BUSINESSES. ANYFITT ALSO MAY NOT INQUIRE INTO THE BACKGROUNDS OF ALL
CLIENTS OR BUSINESSES OR ATTEMPT TO VERIFY THE STATEMENTS OF CLIENTS OR BUSINESSES. ANYFITT MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF CLIENTS OR BUSINESSES OR THEIR COMPATIBILITY WITH
CURRENT OR FUTURE CLIENTS OR BUSINESSES. ANYFITT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL
OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH
USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ANYFITT NOR ITS AFFILIATES WILL BE LIABLE
UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR
DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE
(EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
ARISING FROM OR RELATING TO THE SITE OR SERVICES OR THESE TERMS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, some of the above limitations and
disclaimers may not apply to you. To the extent AnyFitt may not, as a matter of applicable law,
implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of
liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold AnyFitt and its Affiliates harmless from and against any and
claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable
fees and legal costs), arising from or relating to: (a) any information (including your User Content
other content) that you or anyone using your account submit, post, or transmit on or through the
Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation
these Terms by you or anyone using your account; or (d) the violation of any rights of any third
including intellectual property, privacy, publicity, or other proprietary rights by you or anyone
account. AnyFitt reserves the right, at its own expense, to assume the exclusive defense and control
matter otherwise subject to indemnification by you. If we do assume the defense of such matter, you
reasonably cooperate with AnyFitt in such defense.
18. Governing Law
By accessing or using the Site or Services, you agree: (i) that any and all disputes you may have
or claims you may have against AnyFitt or its Affiliates relating to, arising out of or connected in
with (a) the Site or Services, (b) these Terms, or (c) the determination of the scope or
this agreement to arbitrate (a “Claim”), will be resolved exclusively by the Courts of
Jersey (municipal, small claims, specil civil, or superior court based on jurisdictional amount in
and shall be governed exclusively by the Laws of New Jersey. AnyFitt shall also have the right to
attorneys’ fees to be paid as a result of any legal action undertaken pursuant to the above.
19. Other Provisions
Under no circumstances will AnyFitt be held liable for any delay or failure in performance due in
or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of New Jersey,
without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or
Services will be filed only in the state or federal courts located in Passaic County, New Jersey.
consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision
be deemed severable from these Terms and will not affect the validity or enforceability of any
The failure of AnyFitt to enforce any right or provision of these Terms will not prevent AnyFitt from
enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger,
acquisition, a sale of assets, or by operation of law.
20. Changes to these Terms
We may change these Terms from time to time. If we change these Terms, we will inform you by posting
revised Terms on the Site. Those changes will go into effect on the “Revised” date shown
revised Terms. By continuing to access or use the Site or Services, you agree to the revised Terms.