These Mobile Promotions Terms and Conditions (“Mobile Terms”) govern your use of the Summer Fitness text messaging information and marketing program (the “Program”). Summer Fitness may at times be referred to in these Mobile Terms as the “Company”, “we”, “us”, or “our”.

Please read these terms carefully. By opting into and participating in the Program, you agree to these Mobile Terms, the Company’s Privacy Policy and the Company’s overall Terms of Use, as amended from time to time (collectively, the “Company Terms”). Before deciding to opt-in into the Program, please read the Company Terms carefully.

Your access to, use of, and participation in, the Program represents your agreement to these Mobile Terms, including the mandatory Arbitration requirement provided below. IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING ANY FUTURE CHANGES THERETO, DO NOT ACCESS, SUBSCRIBE, OR USE THE PROGRAM.

The Program is an account information and marketing program that may send you updates on your account activity, as well as, but not limited to, deals and special offers. This information is delivered directly to your mobile phone via SMS and/or MMS. As a Program member, you may receive account updates, membership information, reminders, special deals, insider news, access to in-gym or online events (where applicable), ways to enter sweepstakes and instant-win games, among other brand specific communications.

Mobile Messaging and Privacy Terms

1. Personal Information We Collect

We collect Personal Information directly from you, from third parties when you use certain of our Services and through various automated means.
The types of Personal Information we collect may include:

Contact Information, such as your name, address, zip code, mobile phone number and email address.Demographic information, such as your date of birth.Physical information such as your hieght, weight, and calorie expenditure. Electronic information such as your internet browsing history, search data, browser type, IP address, device identifier, mobile advertising identifier, internet service provider, and analytics related to your interactions on the Site, that you have with us, such as emails, call recordings, surveys that you respond to, and promotions with which you participate.General geolocation information, such as gym locations when you sign up for classes, your IP address and approximate location data obtained through wifi, WLAN or bluetooth access points.

2. Sources of Personal Information

The Personal Information that we may collect from or about you broadly falls into the following categories:

Personal Information we collect directly from you.

We will collect any Personal Information from or about you that you choose to provide to us.

Account sign up or trial registration:This may include your name, user name, age, location, physical address, email address, payment information, and telephone number when you register for an account through the Site; when you submit a job application or career inquiry; when you provide User-Generated Content (as discussed below); when you fill out forms or questionnaires on the Site or App; and when responding to communications from us (e.g., surveys, promotional offers, registration confirmations). If you choose to download the App or create an account on the App, we will also collect information relating to the device(s) you register. The information collected from users during the registration process is used to manage user accounts and may be disclosed to our franchisees and other third parties as needed, and further discussed below. You can visit the Site or without providing your Personal Information to us, but you will be required to provide your Personal Information to request information from us.

By opting-in and participating in the Program, you expressly agree to receive recurring telemarketing and promotional messages from us, including text messages (including SMS and MMS) sent using an automated telephone dialing system (ATDS) to the mobile number provided by you at opt-in.

You understand that your consent is not required as a condition of purchasing any goods or services from us.

The number of account update and information text messages you may receive via the Program will depend on your activity with us and also the specific Summer Fitness location for which you signed up.

You understand that message and data rates may apply, and you agree (1) to pay these charges and (2) that your consent applies even if you must pay a charge for the Program text messages.

You represent and warrant that you are at least eighteen (18) years of age or older and that you have the consent of the wireless account holder to opt-in and participate in the Program.

If you signed up to the Program by texting a signup keyword, you may receive a confirmation text message. You may need to reply as instructed in this message to complete registration in the Program.

You agree to notify us of any changes to your mobile number and update your subscription with us to reflect this change.

Reply STOP to cancel, HELP for help. You understand and agree that texting STOP does not revoke your consent to be called or texted by one of our staff members in connection with any other product, account, or service.

To Stop Receiving Program Texts

You may opt-out of Program promotional or account update text messages at any time by texting the word STOP to the Summer Fitness location’s mobile messaging phone number at which you signed up. The opt-out trigger word is NOT case sensitive.

If you opt-out, you understand and agree to receive a final text message that allows us to confirm your choice to opt-out.

Alternatively, you can also opt-out of Program text messages by sending an email with your mobile phone number which you used to opt-in to summitwestberlin@gmail.com.

By using this method, you understand and agree that this opt-out method is not instantaneous; it may take us up to ten (10) business days from when the email request is received to process your removal and that you might still receive Program text messages during this time.

Help Command

For help regarding Program text messages, simply send a text message with the keyword HELP to the specific mobile messaging phone number of the Summer Fitness location at which you signed up. Any HELP texts are free from us, but you acknowledge that standard message and data rates from your carrier may apply and you agree to pay any such charges.

Device Requirements for Program

To take advantage of the Program, you must have a text messaging-enabled mobile device with a current text messaging plan with your carrier.

Carriers Supported

The Program text messaging works with all major U.S. carriers including currently: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and a host of other smaller regional carriers.

Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Carrier Network Issues/Malfunction

You agree that we are not liable for any claimed or actual violations under the Telephone Consumer Protection Act (TCPA) caused by or stemming from a carrier network failure or malfunction.

Third Party Sharing and Privacy Policy

We may work with third-party service providers to show you specific advertisements and promotions on your devices that we think you may be interested in to ensure our Program marketing efforts are effective.

ARBITRATION—THIS SECTION LIMITS YOUR RIGHT TO A TRIAL BEFORE A JUDGE OR JURY –READ CAREFULLY

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Limitations of Liability

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Waiver and Severability

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Changes to Mobile Terms

Certain provisions of these Mobile Terms may change by expressly designated legal notices or other legal means (the “Changed Terms”). If these Mobile Terms conflict with such Changed Terms, such Changed Terms shall govern and apply; however the arbitration provisions of these Mobile Terms shall apply to the Changed Terms. We reserve the right to modify some or all of these Mobile Terms by posting the modified version to our website, as well as the right to make changes to any special offers or promotions connected with the Program. Your continued use of or participation in the Program following such changes constitutes your acceptance of those changes.

Questions / Comments / Concerns

Please direct all comments, questions, or concerns regarding our Program to

summitwestberlin@gmail.com

I have updated the terms and conditions as you specified. Please ensure that you have the appropriate permissions and legal counsel review before implementing these changes.