Thank you for your interest in the MyFitnessPal Offer Redemption Code and Rewards Program.
By accessing or choosing to participate in the Program (defined below), you acknowledge that you have read, understand and agree to be bound by these terms and conditions (“Program Terms”), which we may consider your legally-binding agreement with us with regards to the Program described herein.
If you do not agree to these Program Terms, then you shall not be permitted to participate in the Program or receive Reward Credits.
1. Definitions
Bolded terms not defined below will have the meanings stated elsewhere in the Program Terms. These definitions are provided to help you have a clearer understanding of the Program, how it works, and terms and conditions that you will be expected to abide by.
“ABC,” “we,” “us” or “our” means ABC Fitness Solutions, LLC and our Affiliates.
“ABC Technology” means any concept, invention, system, process, technique, methodology, know-how, tools, template, technology (including, without limitation, software in executable code and source code), or any other information, data, materials, and any expressions of the foregoing, developed by, owned by, or licensed to ABC or our Affiliates.
“ABC Trainerize™” means ABC’s proprietary software, mobile applications, and websites that allow Trainers to provide services to their own Clients, including without limitation: (a) to monitor, coach, train and communicate with Clients; (b) to enable Clients to access workouts and meal plans/nutrition tracking; (c) to allow Clients to track their fitness progress; (d) to allow Clients to access their appointments and class bookings; and (e) to enable Clients to purchase products. For purposes of these Program Terms, ABC Trainerize™ shall be limited to the ABC Trainerize™ Platform, and shall not include the Coach or Total Offerings of the ABC IGNITE™ Platform, or the ABC GymSales™, ABC XLerate™, ABC Glofox™ and ABC EVO™ Platforms.
“Affiliate” or “Affiliates” means any legal entity that controls or owns more than 50% of such entity’s outstanding shares or securities, or is controlled by, or under common control with a party. For purposes of these Program Terms, our Affiliates shall include TSR Gym Technik, Ltd. d/b/a Trainerize, Zappy Ltd. d/b/d Glofox, GymSales Software Pty. Ltd. d/b/a GymSales, and Glofox UK, Ltd. d/b/a Glofox.
“Applicable Laws” means all applicable local, state, provincial, federal or international laws, rules or regulations, including, without limitation, those related to consumer protection, unfair competition, marketing, advertising, promotions, sweepstakes, rewards programs, data protection, privacy, information security, electronic communications, anti-money laundering, anti-corruption, anti-bribery, export controls, taxation, and financial reporting. Applicable Laws also includes any binding interpretations, guidelines or enforcement policies issued by any governmental or regulatory agencies that have the force of law.
“Client” or “Clients” means the individual customers or clients of a particular Trainer who are in the Covered Territory.
“Covered Territory” means the United States of America, including Washington D.C. and U.S. territories.
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“MyFitnessPal” means MyFitnessPal, Inc. and its Affiliates.
“MyFitnessPal Premium” means MyFitnessPal’s premium MyFitnessPal Service made available to Users on a paid subscription basis.
“MyFitnessPal Premium+” means MyFitnessPal’s premium MyFitnessPal Service made available to Users on a paid subscription basis that is slightly more expensive than the MyFitnessPal Premium plan.
“MyFitnessPal Service” or “MyFitnessPal Services” means the products and services provided by MyFitnessPal to Users through its mobile nutrition and fitness-tracking application and/or website, which products and services enable Users to, among other things, track and record their consumption of food and drinks, log meals and nutritional information, record their activity and exercise, track other fitness-related activities, and create individualized meal plans.
“Offer Redemption Code” or “Offer Redemption Codes” means any unique sequence of letters, numbers, symbols, digital identifier, barcode, QR code, electronic token, website banner, or similar instrument issued or distributed by MyFitnessPal, directly or through ABC, that may be presented, accessed, entered, or otherwise used by a Client to receive a discount on a MyFitnessPal Premium or MyFitnessPal Premium+ subscription, subject always to the Program Terms and any additional rules or restrictions specified at the time of issuance. An Offer Redemption Code does not constitute legal tender, cash, or a gift card, has no independent cash value, and may not be transferred, sold, or exchanged except as expressly permitted by MyFitnessPal.
“Platform” means ABC’s proprietary club management software platform, including ABC IGNITE™, ABC GymSales™, ABC Glofox™, ABC Trainerize™, ABC XLerate™, and ABC EVO™, and all associated features, functionalities, components, APIs, websites, documentation, mobile applications and ABC Technology that is owned, licensed or operated by ABC or its Affiliates and made commercially available.
“Program” means the MyFitnessPal Offer Redemption Code and Rewards Program, as described herein.
“Reward Credit” means a credit unit with a value of $1.50 USD, which can only be used as an offset to fees and charges associated with a Trainer’s ABC Trainerize™ services.
“Trainer” or “Trainers” means an individual personal trainer, fitness coach and other fitness service professional with an active ABC Trainerize™ account.
“User” or “Users” means a registered user of MyFitnessPal Services. MyFitnessPal requires that all Users register a MyFitnessPal account to access and use any of the MyFitnessPal Services, including, without limitation, a MyFitnessPal Premium or MyFitnessPal Premium+ subscription plan.
“You” or “your” means the natural person or legal entity participating in the Program and which is also subject to these Program Terms.
2. Program Eligibility
The Program is administered by ABC Fitness Solutions, LLC within the Covered Territory (unless such administration is prohibited by Applicable Laws in the relevant jurisdiction).
To be eligible for participation in the Program, you must:
- be at least 18 years of age (if you are a natural person);
- be a Trainer with an active ABC Trainerize™ subscription in good standing (which means that your ABC Trainerize™ account does not have an outstanding balance owed on it);
- comply with Applicable Laws; and
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not grant Offer Redemption Codes to anyone other than your bona fide Clients.
3. Program Description
We’ve created this Program to help motivate and incentivize you, as a Trainer with an ABC Trainerize™ subscription, to help position and sell MyFitnessPal Services to your own Clients as a value-adding service.
How the Program works:
- MyFitnessPal has provided us with an allotment of Offer Redemption Codes for redistribution to Trainers with an active ABC Trainerize™ subscription in good standing.
- If you choose to participate in the Program and meet the eligibility requirements, then you are permitted to activate Offer Redemption Codes from within your ABC Trainerize™ account by enabling a special website banner that, once activated, becomes visible to your Clients through their ABC Trainerize™ account.
- Once you’ve activated the Offer Redemption Codes via the website banner, it’s up to you to promote MyFitnessPal Services to your Clients and encourage them to sign up for a discounted monthly subscription to MyFitnessPal Premium or MyFitnessPal Premium+.
- Clients can take advantage of the discount offer and redeem the Offer Redemption Code by simply clicking on the website banner from within their ABC Trainerize™ account and following the prompts to apply the discount on a monthly MyFitnessPal Premium or MyFitnessPal Premium+ subscription.
- We strictly adhere to a one-Client-one-Offer-Redemption Code policy. Once your Client has redeemed the Offer Redemption Code by clicking on the website banner and signing up for a monthly MyFitnessPal Premium or MyFitnessPal Premium+ subscription, the same Client cannot use the Offer Redemption Code again. After an Offer Redemption Code is used by a Client, it’s considered void for reuse by that same Client.
- Offer Redemption Codes are not cash and cannot be transferred, assigned, sold, or exchanged for a refund.
- Once an Offer Redemption Code is used, it’s good for a discount on a monthly MyFitnessPal Premium or MyFitnessPal Premium+ subscription for up to 12 months. After 12 months, the discount will no longer apply and, if the Client wishes to continue with the subscription plan, he or she will be responsible for paying MyFitnessPal’s normal retail rates.
- If your Client uses an Offer Redemption Code to sign up for a monthly MyFitnessPal Premium or MyFitnessPal Premium+ subscription – regardless of whether the Client is a new or existing User of some other MyFitnessPal Service – we will issue you a Reward Credit as tied to that specific Client.
- Reward Credits can only be applied as an offset to the fees and charges that you owe us for your ABC Trainerize™ services. We have provided more details on Reward Credits below.
4. Reward Credits
Here’s a bit more detail about how we validate, calculate, issue and apply Reward Credits:
- Our expectation is that you continue to pay all invoices for ABC Trainerize™ services as they come due.
- At the end of each calendar quarter (i.e., January to March, April to June, July to September, and October to December), we will calculate the total Reward Credits tied to your Clients and your ABC Trainerize™ account. Specifically, we’re looking at which of your Clients redeemed Offer Redemption Codes for a monthly MyFitnessPal Premium or MyFitnessPal Premium+ subscription through the website banner enabled on their ABC Trainerize™ account.
- In the month immediately following the close of a calendar quarter, MyFitnessPal will send us a report with unique referral code information about the Trainers due to be issued Reward Credits. We, in turn, validate this MyFitnessPal information against Program eligibility requirements and other information in our system.
- Reward Credits earned during a calendar quarter will not be applied until the next calendar quarter.
- Once we’ve completed the validation process described above, we will notate the Reward Credits due in your next regularly-scheduled invoice for ABC Trainerize™ services.
- The total amount of your applied Reward Credits cannot exceed the total amount that you owe for ABC Trainerize™ services. Reward Credits expire if not applied within 13 months of issuance.
- The application of Reward Credits will be discontinued: (i) if the underlying Client/User cancels his or her monthly MyFitnessPal Premium or MyFitnessPal Premium+ subscription at any point during the first 12 months; (ii) if the Client/User fails to pay MyFitnessPal for the MyFitnessPal Premium or MyFitnessPal Premium+ subscription as those payment becomes due; or (iii) if the discount offer tied to the Client’s use of the Offer Redemption Code goes away (which will occur automatically if the Client remains a User of a MyFitnessPal Premium or MyFitnessPal Premium+ subscription for 12 consecutive months).
- Other circumstances where Reward Credits will be considered forfeited and lost include: (i) you cease to be eligible for participation in the Program; (ii) our revenue share arrangement with MyFitnessPal comes to an end, for whatever reason; (iii) we choose to end the Program, which we have a right to do in our sole and absolute discretion; (iv) we know or suspect that the Reward Credits tied to your ABC Trainerize™ account were obtained through fraud, illegal means, willful misconduct, or violation of Program Terms or Applicable Laws; or (v) we make the decision to cancel your issued Reward Credits for any other business or legal reason, in our sole and absolute discretion. In any of these circumstances, we shall have no financial obligation to you for applied Reward Credits that have been forfeited or lost.
- Reward Credits cannot be combined with any other promotional offer or incentive made available by us or our Affiliates. We do not apply Reward Credits as an offset to sales, use, gross receipts, or similar transaction-based taxes that may apply to your ABC Trainerize™ subscription.
5. Confidentiality
You agree that these Program Terms, including, without limitation, the structure, terms, conditions, pricing, incentives, rewards, redemption mechanics, promotional strategies, and any non-public information (collectively, “Program Details”) constitute the confidential and proprietary information of ABC and our Affiliates. You agree to maintain the confidentiality of the Program Details and shall not disclose, publish, disseminate, or otherwise make available any Program Details to any third party without our prior written consent, except as may be required by Applicable Laws. You further agree to use Program Details solely for purposes of participating in the Program and not for any commercial, competitive, or other purpose that is or may be adverse to ABC or our Affiliates.
6. Modification
We reserve the right, in our sole discretion, to modify, amend, suspend, or terminate any aspect of the Program, including, without limitation, its terms, conditions, rules, benefits, Reward Credits, or eligibility requirements, at any time and without prior notice. Such modifications shall be effective immediately upon posting or other communication by us to you. Your continued participation in the Program following any such modification constitutes your acceptance of the revised terms. We shall not be liable to you for any modification, amendment, suspension, or termination of the Program or these Program Terms, and no penalty, refund, or compensation shall be due to you in connection therewith.
7. ABC Trainerize™ Terms
Nothing in these Program Terms shall be read to modify, suspend or supersede the Business User Terms of Service for ABC Trainerize™, available at https://www.trainerize.com/businessTerms/, which shall be considered independent from these Program Terms and will continue to apply in full force and effect with respect to your access and use of ABC Trainerize™.
8. Adjustments & Corrections
We reserve the right, in our sole discretion, to review, adjust and/or correct any issuance, allocation or redemption of Offer Redemption Codes, Reward Credits, or similar units or calculations at any time. Such adjustments may be made in case of error, technical malfunction, suspected fraud, misuse, or for any other reason that we might deem appropriate. You acknowledge and agree that our determination with respect to such adjustments or corrections shall be final and binding. We further reserve the right to make any adjustments and/or corrections on your future ABC Trainerize™ invoices.
9. Taxes
All federal, state, local, and other tax liabilities, including but not limited to income, sales, use, value-added, or withholding taxes, arising from your participation in the Program or the receipt, redemption, or use of any Reward Credits are your sole responsibility. We make no representations regarding the tax treatment of any Reward Credits and shall not be liable or responsible for any taxes, penalties, or other costs incurred by you or your Affiliates. You are encouraged to consult with your own tax advisor regarding any tax consequences related to your participation in the Program.
10. No Warranties or Representations, Express of Implied
ABC and our Affiliates make no warranties or representations, either expressed or implied, with respect to the type, quality or fitness of goods or services provided through the Program, including, without limitation, MyFitnessPal Premium or MyFitnessPal Premium+ subscriptions, or MyFitnessPal Services.
11. Interpretation of Program Terms
All interpretations of these Program Terms are in our sole discretion, and our decisions will be final. In the event of any discrepancy between the English version and any translated version of these Program Terms, the English language version will govern.
12. Intellectual Property Rights
We own and retain all rights in and to: (a) the Platform, ABC Technology, including any modifications made thereto, derivatives thereof; (b) any software, applications, inventions or other technology developed by us in connection with providing the Platform or the Program; (c) our name, logo and other trademarks, and (d) all Intellectual Property Rights in and to any of the foregoing. Additionally, you may, but are not required to, provide us with feedback and suggestions about your experience with Program or these Program Terms (collectively, “Feedback”). If you provide us with Feedback, then we and our Affiliates may use that Feedback without restriction and financial obligation to you. You agree that your submission of Feedback will be gratuitous, non-confidential, unrestricted and made without any right to receive compensation in return.
13. Waiver
Our waiver of any breach of these Program Terms by you or any other Trainer will not constitute a waiver of any other prior or subsequent breach of these Program Terms. Our failure to insist upon strict compliance with these Program Terms by you or any other Trainer will not be deemed a waiver of any of our rights or remedies. We may waive compliance with these Program Terms in our sole discretion and may run promotions from time to time that provide enhanced rewards to certain Trainers.
14. Indemnification
You agree to indemnify, defend and hold harmless ABC and our Affiliates, and each of our/their officers, directors, employees, agents, successors, and assigns (collectively, “ABC Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Program Terms or any Applicable Laws; (b) any fraud, misrepresentation, or misuse of Reward Credits, the Offer Redemption Codes, or this Program; and (c) any claim brought by a third party arising from your acts or omissions in connection with your participation in the Program. We will give you prompt written notice of any claim brought under this indemnity provision, and you agree to assume and diligently conduct the defense with counsel reasonable acceptable to us. We may choose to participate in the defense at our own cost. You, however, may not settle any claim without our prior written consent except where the settlement involves only the payment of money for which you are fully responsible and includes a complete and unequivocal release the ABC Indemnified Parties.
15. Limitation of Liability
In no event will we or our affiliates, and each of their respective directors, officers, employees, and agents, be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with the program, these program terms, or the company’s operation of the program.
16. Choice of Law and Venue
Any disputes arising out of or related to the Program or these Program Terms will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the State of Texas, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to the Program or the Program Terms may be filed only in the state or federal courts located in Dallas, Texas, United States.
17. Subject to Law
Your participation in the Program and the earning and redeeming of Reward Credits are subject to all Applicable Laws. These Program Terms are offered in good faith; however, they may not be available if prohibited or restricted by Applicable Laws. If any part of these Program Terms is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Terms in such jurisdiction and the remaining provisions will remain in full force and effect.
18. Entire Agreement
These Program Terms constitute the entire agreement between us and each participant with respect to the Rewards Program and supersede all prior or contemporaneous communications, understandings, or agreements, whether oral or written, relating to the subject matter herein. No oral statements, representations, or promises by any representative of the Sponsor shall have any binding effect. The Sponsor reserves the right to modify these Terms and Conditions in accordance with its amendment rights set forth herein. If any provision of these Terms and Conditions is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Contact
For more information about the Program, or if you have other questions about these Program Terms, please contact us at:
ABC Fitness Solutions, LLC
2600 North Dallas Pkwy., Ste. 590
Frisco, Texas 75034
