Gymki, Inc.
Terms and Conditions
™
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Last Updated: Jan 29, 2025
Welcome to Gymki™! We’re thrilled to help you discover flexible, diverse fitness and wellness experiences. These Terms of Service ("Terms") form an agreement between you and Gymki, Inc. ("Gymki," "we," "us," or "our") and govern your access to and use of our website, mobile application, and the fitness, recreational, and wellness sessions ("Workouts or Classes") offered through our platform. By using Gymki, you agree to these Terms, which are designed to ensure a seamless and enjoyable experience for all users.
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Important: These Terms include a binding arbitration agreement and class action waiver in Section 11. By using Gymki, you agree to resolve disputes through arbitration rather than in court.
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1. Acceptance of Terms
a) Acceptance of Terms
By accessing or using the Gymki platform, you agree to these Terms. If you do not accept them, you may not use Gymki services.
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b) Updates to Terms
Gymki may update these Terms from time to time. Changes will be effective immediately upon posting unless stated otherwise. We’ll notify you of significant updates via email or app notifications. Continued use of Gymki after changes constitutes your acceptance of the updated Terms.
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c) Additional Terms
Certain features, offers, or services may have additional terms. In case of conflicts, these Terms will take precedence unless specified otherwise.
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2. Gymki Platform
a) Overview
Gymki connects users with fitness studios, gyms, trainers, and wellness providers ("Partners"). Through Gymki, you can explore, book, and attend Workouts or Classes provided by these Partners. Gymki does not own, operate, or directly manage Workouts or Classes but ensures Partners meet minimum quality and safety standards before joining our network
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b) Workout Availability
Availability of Workouts or Classes is subject to change based on demand, partner schedules, and geographic location. While we strive for accuracy, specific Workouts or Classes may not always be available.
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c) Cancellation Policy
Cancellation policies, including deadlines and refund eligibility, are determined by each individual gym partner and will be outlined at the time of booking. No-shows or late cancellations may result in lost credits or applicable fees per the partner’s policy. Gymki is not responsible for refunding fees due to cancellations outside of our control.
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3. Gymki Account and Eligibility
a) Account Usage
Your Gymki account is personal and non-transferable. You must provide accurate and up-to-date information when creating and maintaining your account. Any misuse, including sharing access or exploiting promotions, may result in suspension or termination.
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b) Eligibility
Gymki is currently available to users aged 18+ in the Seattle area. Expansions to additional regions will be announced via app notifications and email.
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4. Fees and Payments
a) Fees
Gymki operates without a recurring subscription fee. Workout or Class pricing varies based on partner offerings, location, and demand. All prices will be clearly displayed at the time of booking. Dynamic pricing may apply during peak demand periods.​
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b) Refund Policy
Refunds are only issued under specific circumstances, such as partner-initiated cancellations or technical errors that prevent session access. Gymki reserves the right to introduce new pricing models, including subscriptions, with at least 10 days’ advance notice.
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5. Termination
Gymki reserves the right to suspend or terminate your access if you violate these Terms, engage in fraudulent behavior, or participate in activities deemed harmful to Gymki or its users.
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6. Privacy and Data Sharing
Your privacy is important to us. Gymki collects only the information necessary to enhance your experience and facilitate bookings. Data shared with partners is limited to session participation details. For more information, review our Privacy Policy.
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7. Waiver and Release of Liability
Participation in fitness or wellness activities carries inherent risks, including injury, illness, or property damage.
By using Gymki, you acknowledge and agree to the following:
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You assume all risks associated with participating in Workouts or Classes.
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You should consult a physician before beginning any new fitness or wellness program.
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You should stop participation immediately if you experience discomfort, pain, or dizziness.
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Gymki is not liable for the safety or quality of Workouts or Classes provided by partners.
By using Gymki, you voluntarily assume all risks and agree to the following:
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You understand that Gymki does not own, operate, or control the Workouts provided by its Partners. The quality, safety, and content of Workouts are the sole responsibility of the Partners.
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It is your responsibility to consult with a physician before participating in any fitness or wellness activity. Do not participate if advised against it by a healthcare professional.
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If you experience discomfort, pain, faintness, dizziness, or shortness of breath during a Workout, stop immediately and seek medical attention.
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Gymki and its Partners make no guarantees regarding the results, effectiveness, or safety of any Workout.
Waiver of Liability:
By participating in Workouts through Gymki, you agree, on behalf of yourself, your heirs, assigns, and legal representatives, to release, waive, and discharge Gymki, its officers, directors, employees, contractors, and agents, from any and all claims or causes of action arising out of participation in the Workouts, including but not limited to negligence, property damage, or physical injury.
This waiver includes all claims for incidental, indirect, or consequential damages.
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8. Indemnification
You agree to indemnify and hold Gymki harmless from any claims, liabilities, or damages arising from your misuse of the platform, violation of these Terms, or infringement of third-party rights.
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9. Limitation of Liability
Gymki’s liability is limited to the greater of $50 or the amount you paid in the three months preceding the claim. Gymki is not responsible for indirect, incidental, or consequential damages.
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10. Force Majeure
Gymki is not liable for delays or failures caused by events beyond our control, including natural disasters, government-mandated closures, pandemics, or technical interruptions.
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11. Arbitration Agreement
a) Overview
Disputes between you and Gymki will be resolved through binding arbitration. This means no jury trials or class actions.
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b) Informal Resolution
Before initiating arbitration, submit a written Pre-Arbitration Demand to Gymki’s legal department. Parties will engage in good-faith negotiations.
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c) Location
Arbitration will take place in King County, WA, or via teleconference upon request.
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d) Exceptions
You may bring individual disputes to small claims court if eligible.
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12. Intellectual Property
Gymki’s platform, logo, and content ("Gymki Materials") are proprietary. You are granted a limited, non-exclusive, non-transferable license to use Gymki for personal, non-commercial purposes. Unauthorized copying, reverse-engineering, or misuse is strictly prohibited.
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13. Governing Law
These Terms are governed by the laws of the State of Washington. Disputes not subject to arbitration will be resolved in Washington state or federal courts.
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14. Miscellaneous
a) Entire Agreement
These Terms, along with any additional terms, constitute the entire agreement between you and Gymki.
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b) Severability
If any provision is deemed invalid, the remaining terms will remain enforceable.
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c) Notices
Gymki will provide updates via email or app notifications.
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Contact Information
For questions or concerns, contact us at info@gymki.com.
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​For more information, see our Privacy Policy here.
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