Last Updated: July 25, 2019
Thank you for using RecessPlanet!
These Terms constitute a legally binding agreement ("Agreement" or "Terms") between you and RecessPlanet Corp. ("RecessPlanet") governing your access to and use of the RecessPlanet website and Services. For the purpose of this Agreement, Services includes any mobile apps or offerings made available by RecessPlanet to you. Certain Services may be subject to additional policies, rules and terms and conditions, which may be required to agree to as a condition of using those Services. In those instances, the applicable Additional Terms of Service will be set forth in the printed or online materials related to those Services.
By accessing and using this website and any services or applications made available by Recess Planet, you agree to be legally bound by the Terms. If you do not agree to be bound by these Terms, please do not use the website or Services. RecessPlanet reserves the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alteration.
Any references to "we", "our", "the website" or "Services" refers to RecessPlanet. Any references to "you", "your", or "User" refers to anyone accessing this website or using our Services.
RecessPlanet is an online marketplace that enables individuals to both offer and purchase personal training services.
In order to offer or purchase services, website users must register ("Users"). Users who offer and list the training services are "Coaches" and the services they offer are "Training Services" Training Services mainly include the offering of workout classes and instructions.
Users must be at least eighteen (18) years old in order to use the website and our services. By using this website and our Services, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms.
You also represent that you will use the website and our Services in a manner consistent with any and all federal, state, and local applicable laws and regulations.
You understand that RecessPlanet is an online platform where individuals create their own posts advertising what they are offering. Users who make a purchase for Training Services interact directly with the Coaches who created the post on the site. RecessPlanet is an intermediary and is not a party to any agreements entered into between users. RecessPlanet has no control over the conduct of users of the site or Services and disclaims all liability in this regard to the maximum extent permitted by law.
You understand that your relationship to RecessPlanet is that of a user of the site and you are not an employee, agent, joint venturer or partner of RecessPlanet and that you act on your behalf exclusively and not on behalf of or for the benefit of RecessPlanet. RecessPlanet does not control your listings on the site or any other offline activities associated with your listings.
You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
You understand that no material that you upload and provide to us will be treated as confidential.
You agree that you will only use this website for lawful purposes and in accordance with all applicable laws. You agree that if a third party claims that material you have contributed to the website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (or privately transmitted on or through this website are the sole responsibility of the user, not RecessPlanet, and that you are responsible for all material you upload, post or otherwise transmit to or through this website.
You understand that we may terminate this Agreement and your use of this website and our services at any time without notice if we believe that you are less than 18 years old or if you have violated this Agreement in any other way.
You understand that RecessPlanet has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Workout Listing or Training Services, (ii) the truth or accuracy of any Workout Listing descriptions, Ratings, Reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. RecessPlanet does not endorse any Coach, Workout Listing or user-generated Training Services. Any references to a Coach being "verified" (or similar language) only indicate that the Coach has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by RecessPlanet about any Coach, including of the Coach's identity or background or whether the Coach is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to book a Workout Listing, participate in a workout session or use other Training Services, accept a booking request from a User, or communicate and interact with other Users, whether online or in person.
You must register an account ("RecessPlanet Account") to access and use certain features of the RecessPlanet Platform, such as publishing or booking a listing. If you are registering a RecessPlanet Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register a RecessPlanet Account by using an email address and creating a password and providing us with your first and last name, date of birth, and gender or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account").
You must provide accurate, current and complete information during the registration process and keep your RecessPlanet Account and public RecessPlanet Account profile page information up-to-date at all times.
You may not register more than one RecessPlanet Account unless RecessPlanet authorizes you to do so. You may not assign or otherwise transfer your RecessPlanet Account to another party.
You are responsible for maintaining the confidentiality and security of your RecessPlanet Account credentials and may not disclose your credentials to any third party. You must immediately notify RecessPlanet if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your RecessPlanet Account. You are liable for any and all activities conducted through your RecessPlanet Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
If your access to or use of the RecessPlanet Platform has been limited or your RecessPlanet Account has been suspended or this Agreement has been terminated by us, you may not register a new RecessPlanet Account or access and use the RecessPlanet Platform through an RecessPlanet Account of another User.
We may, at our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the site and Services, you hereby grant to RecessPlanet a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of, or to promote or market the site and Services. RecessPlanet does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You are solely responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the website and/or the Services. You may not upload, post or otherwise make available on the website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any content that you provide or make. You have full responsibility for all content you create and submit, including its legality, reliability and appropriateness.
You understand that by uploading any User Content, you give RecessPlanet the right to use your image and likeness and/or any statements in its publications, advertising, or other media activities, including the Internet and social media platforms, without expectation of compensation or other remuneration. The consent includes, but is not limited to, (a) images and/or videos contributed by you and uploaded to the site; (b) permission to use your name or a pseudonym; and (c) permission to use quotes from your statements (or excerpts, or edited versions of such quotes), the film, photograph(s), tape(s) or reproductions of you, in part or in whole, in our publications, all types of electronic and digital media.
You agree to waive any right to royalties or other compensation arising from or relating to the use of your User Content.
RecessPlanet may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to your User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Content posted by you to or through the website.
You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site. Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
You agree that RecessPlanet has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
RecessPlanet may offer Coaches the option of having professional photographers take photographs of their Training Services, which are made available by the photographer to Coaches to include in their Workout Listings with or without a watermark or tag bearing the words "RecessPlanet.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Workout Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the RecessPlanet Platform if they no longer accurately represent your Workout Listing, if you stop hosting the Workout Service featured, or if your RecessPlanet Account is terminated or suspended for any reason. You acknowledge and agree that RecessPlanet shall have the right to use any Verified Images in accordance with this Section for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Workout Listing or otherwise, without further notice or compensation to you. Where RecessPlanet is not the exclusive owner of Verified Images, by using such Verified Images on or through the RecessPlanet Platform, you grant to RecessPlanet an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Workout Listing or otherwise, without further notice or compensation to you. RecessPlanet in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the RecessPlanet Platform solely for your personal and non-commercial use.
The website and services and all materials contained therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content, and all Intellectual Property Rights related thereto, are the exclusive property of RecessPlanet and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website.
Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display
material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by RecessPlanet in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
RecessPlanet is a trademark used by us to uniquely identify our website, business, and service. You agree not to use this trademark anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property, and includes prohibitions on any competition that violates the provisions of this paragraph.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by RecessPlanet infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send RecessPlanet a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to: RecessPlanet, 406 Central Park W. #3, New York NY 10025. Attn: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.
This website may contain links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by RecessPlanet.. Such Third-Party Services may be subject to different terms and conditions and privacy practices. RecessPlanet is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by RecessPlanet of such Third-Party Services. You expressly relieve RecessPlanet from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on this website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that RecessPlanet shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
Due to the nature of the Internet, RecessPlanet cannot guarantee the continuous and uninterrupted availability and accessibility of the RecessPlanet Platform. RecessPlanet may restrict the availability of the RecessPlanet Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the RecessPlanet Platform. RecessPlanet may improve, enhance and modify the RecessPlanet Platform and introduce new RecessPlanet Services from time to time.
RecessPlanet may charge fees to Coaches ("Coach Service Fees") and/or Users ("User Service Fees") (collectively, "Service Fees") in consideration for the use of the RecessPlanet Platform.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Coach or User prior to publishing or booking a Workout Session. RecessPlanet reserves the right to change the Service Fees at any time, and will provide User adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
You are responsible for paying any Service Fees that you owe to RecessPlanet. The applicable Service Fees (including any applicable Taxes) are collected by Stripe. RecessPlanet will deduct any Coach Service Fees from the Total Payments before remitting the payout to the Coach. Any User Fees are included in the Total Fees collected by RecessPlanet Payments. Except as otherwise provided on the RecessPlanet Platform, Service Fees are non-refundable.
RecessPlanet has the right, but not the obligation, to order a background check or identity verification check on Coaches from a 3rd Party Verification Service and to use 3rd Party Verification Services to verify information about a Coach including, but not limited to, name, social security number, and criminal background, and driving record, or your compliance with these Terms of Service, each to the extent permitted by law. Each User understands that we retain the right, but have no obligation, to take action with respect to a User's account based on the information provided by the 3rd Party Verification Service, including, but not limited to, terminating the User's account, regardless of whether incorrect or incomplete information provided by such 3rd Party Verification Service is subsequently corrected or completed. RecessPlanet does not have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information provided by a 3rd Party Verification Service must be addressed with the 3rd Party Verification Service that provided the information. RecessPlanet does not have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service.
By agreeing to these Terms and subsequently going through the Coach Application process, each User of the site consents to RecessPlanet performing background and/or identity verification checks.
As a user of the site and Services, you understand and expressly agree that the checks done are completed by a 3rd Party Verification Service and that the specific records searched, and the comprehensiveness of the search, varies by the type of check as well as the state and county where the check is performed, and that the checks are not always accurate or a complete compilation of a person's criminal history. For example, many states prohibit consumer reporting agencies from reporting records that are more than seven years old. In some states, such as California, New Mexico, and New York, consumer reporting agencies are prohibited from reporting most arrest or other non-conviction information and so only criminal convictions generally show up on a background check. Additionally, in some states (such as New Hampshire, New Jersey, and Massachusetts) where the courts maintain the records, our 3rd Party Verification Service may not search the records for each and every courthouse in a particular county. In states where all courthouses are not searched, only certain felonies are typically revealed. As another example, federal law does not allow consumer reporting agencies to report non-conviction information that is more than seven years old.
In addition to legal and reporting system limitations of background checks, each check is performed with the consent of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a User of the site provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.
If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless Recess Planet from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a background check or verification regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
You expressly acknowledge that RecessPlanet has no obligation to perform background checks or identity verification checks on any Users. To the extent that RecessPlanet performs such checks on Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
Coaches are responsible for any modifications to a workout listing that they create via the RecessPlanet Platform, and agree to all refunds resulted from such modifications. Users will not get any refund if they cancel a confirmed workout booking.
If a Coach cancels a confirmed workout booking, the User will receive a full refund for such booking. Further, RecessPlanet may summarize such cancellation activities and present the results on the coach's profile page.
If weather poses a safety risk to Users, or if it prevents a Coach from carrying out a Training Service that takes place primarily outdoors, Coaches may cancel the Training Service. Coaches may also cancel the Training Service if other conditions exist that would prevent the Coach from offering the Training Service safely. If this happens, Users will get a full refund.
When creating a Workout Listing through the RecessPlanet Platform you must provide complete and accurate information about the Training Service you are offering. This includes, but is not limited to, description, location and time slots available. You also agree to disclose any restrictions and requirements that might apply. You are solely responsible for keeping your Workout Listing up to date at all times.
You are solely responsible for setting your price, including any taxes if applicable, or additional charges for your Workout Listing.
Pictures, animations or videos (collectively, "Images") used in your Workout Listings must accurately reflect the quality and condition of your Training Services. RecessPlanet reserves the right to require that Workout Listings have a minimum number of Images of a certain format, size and resolution.
When your Workout is booked by a User, you enter into a legally binding agreement with the User and are required to provide your Training Service(s) to the User as described in your Workout Listing when the booking is made. You also agree to pay the applicable Coach Service Fee to Recess Planet and any applicable Taxes.
RecessPlanet recommends that Coaches obtain appropriate insurance for their Training Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply to such an insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the User has booked for, if applicable) while participating in your Workout Session, Event or other Training Service.
Within a certain time frame after completing a workout session, Users can leave a public review ("Review") and submit a star rating ("Rating") about the Coach. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of RecessPlanet. Ratings and Reviews are not verified by RecessPlanet for accuracy and may be incorrect or misleading.
Ratings and Reviews by Users must be accurate and may not contain any offensive or defamatory language.
Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User or Coach.
Ratings and Reviews are part of a Coach's public profile and may also bepublished elsewhere on the RecessPlanet Platform (such as the Listing page) together with other relevant information such as number of workout bookings, number of cancellations and other information.
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the RecessPlanet Platform. In connection with your use of the RecessPlanet Platform, you will not and will not assist or enable others to:
– breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
– use the RecessPlanet Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies RecessPlanet endorsement, partnership or otherwise misleads others as to your affiliation with RecessPlanet;
– use the RecessPlanet Platform in connection with the distribution of unsolicited commercial messages ("spam");
– offer, as a Coach, any Training Location that you do not yourself own or have permission to make available as a commercial or other property through the RecessPlanet Platform;
– book any Workout Listing if you will not actually be using the Training Services yourself;
– use the RecessPlanet Platform to request, make or accept a booking independent of the RecessPlanet Platform, to circumvent any Service Fees or for any other reason;
– request, accept or make any payment for Listing Fees outside of the RecessPlanet Platform or RecessPlanet Payments. If you do so, you acknowledge and agree that you would be in breach of these Terms, accept all risks and responsibility for such payment, and hold RecessPlanet harmless from any liability for such payment;
– discriminate against, or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
– use, display, mirror or frame any part of the Site or Services, or any individual element within the RecessPlanet Platform, RecessPlanet's name, any RecessPlanet trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the RecessPlanet Platform, without RecessPlanet's express written consent;
– dilute, tarnish, or otherwise harm the RecessPlanet brand in any way, including through unauthorized use of User Content, registering and/or using RecessPlanet or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to RecessPlanet domains, trademarks, taglines, promotional campaigns or Content;
– use any robot, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the RecessPlanet Platform for any purpose;
– avoid, bypass, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by RecessPlanet or any of RecessPlanet's providers or any other third party to protect the RecessPlanet Platform;
– attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the RecessPlanet Platform;
– take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the RecessPlanet Platform;
– export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws;
– or violate or infringe anyone else’s rights or otherwise cause harm to anyone.
Users agree to cooperate with and assist RecessPlanet in good faith, and to provide RecessPlanet with such information and take such actions as may be reasonably requested by RecessPlanet with respect to any investigation undertaken by RecessPlanet or a representative of RecessPlanet regarding the use or abuse of the RecessPlanet Platform.
If you choose to use the RecessPlanet Platform, you do so voluntarily and at your sole risk. The RecessPlanet Platform is provided "as is" without warranty of any kind, either expressed or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the RecessPlanet Services, laws, rules, or regulations that may be applicable to your Workout Listings and/or Training Services you are receiving and that you are not relying upon any statement of law or fact made by RecessPlanet relating to a Workout Listing.
If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either expressed or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
You agree that some Training Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Training Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Training Services. You assume full responsibility for the choices you make before, during and after your participation in a Training Service. If you are bringing a minor as an additional User, you are solely responsible for the supervision of that minor throughout the duration of your Training Service and to the maximum extent permitted by law, you agree to release and hold harmless RecessPlanet from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Training Service or in any way related to your Training Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the RecessPlanet Platform , your publishing or booking of any Workout Listing via the RecessPlanet Platform, , participation in any Workout Sessions or use of any other Training Service, or any other interaction you have with other User whether in person or online remains with you. Neither RecessPlanet nor any other party involved in creating, producing, or delivering the RecessPlanet Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with
(i) these Terms,
(ii) from the use of or inability to use the RecessPlanet Platform,
(iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the RecessPlanet Platform, or
(iv) from your publishing or booking of a Workout Listing, including the provision or use of a Listing’s Training Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not RecessPlanet has been informed of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Coaches pursuant to these Terms or an approved payment request, in no event will RecessPlanet’s aggregate liability arising out of or in connection with these Terms and your use of the RecessPlanet Platform including, but not limited to, from your publishing or booking of any Workout Listings via the RecessPlanet Platform, or from the use of or inability to use the RecessPlanet Platform and in connection with any Training Service or interactions with any other Users, exceed the amount you have paid or owe for bookings via the RecessPlanet Platform as a User in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Coach, the amounts paid by RecessPlanet to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between RecessPlanet and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect RecessPlanet’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at RecessPlanet’s option), indemnify, and hold RecessPlanet and any of its affiliates including but not limited to, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
(i) your breach of these Terms or our Policies or Standards,
(ii) your improper use of the RecessPlanet Platform or any RecessPlanet Services,
(iii) your interaction with any User, participation in a Workout Session or other Training Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or
(v) your breach of any laws, regulations or third party rights.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the RecessPlanet Platform ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the RecessPlanet Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
These terms shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms or your use of this Site must be brought in the state or federal courts of New York in the county of [Is it NY County?] and you consent to the exclusive personal jurisdiction of such courts.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between RecessPlanet and you and supersede any and all prior oral or written understandings or agreements.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
RecessPlanet’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, determined by us at our sole discretion. RecessPlanet reserves the right to determine the form and means of providing notifications to users. electronically and given by RecessPlanet via email, RecessPlanet Platform notification, or messaging service.
Under California Civil Code Section 1789.3, California users of the website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
If you have any questions about these Terms please email us at firstname.lastname@example.org