Terms and Conditions Snap Fitness® Earn Your Watch Program
Terms and Conditions
SNAP FITNESS® Earn Your Watch Program
Last Updated: 12/7/2022
These terms and conditions (these “Terms”) apply to the Earn Your Watch Program (the “Program”) made available on the Snap Fitness Mobile Application (the “Snap App”) found here: https://www.snapfitness.com/nz/earn-your-apple-watch at (the “Site”). These Terms are subject to change by Snap Fitness, Inc. (referred to as “Snap Fitness”, “we”, “us” or “our”) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site.
These Terms govern our relationship with members of the Program (collectively, “Program Members,” and individually, a “Program Member, “Member” or “you”) including how Program Members earn and redeem Credits earned through the Program with participating franchisees (each, a “Participating Franchisee”).
By participating in the Program, you agree that:
- you have read and accept these Terms;
In referring to the Privacy Act 2020, you authorise Us and the Participating Franchisee to:
- access, collect, retain and use any information about you (including any overdue fines, balance information held by the Ministry of Justice) for the purpose of assessing your creditworthiness; or
- disclose your information to third parties for the purpose of marketing products and services to you;
- disclose information about you, whether collected by the Participating Franchisee from you directly, or obtained from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by you.
- You have the right to request a copy of any information held by the Participating Franchisee or Snap Fitness.
- You have the right to request the Participating Franchisee or Us to correct any incorrect information held about you by the Participating Franchisee or Us..
All Program benefits, awards, offers, and services are subject to availability and may be changed by us at any time without notice. This Program may be terminated by Snap Fitness at any time and for any reason. If the Program is terminated, all unapplied and pending credits will be forfeited without any obligation or liability of Snap Fitness.
Except as otherwise expressly prohibited or limited by applicable laws, we may at any time amend, modify, or supplement these Terms, the structure for earning or redeeming Credits with or without notice, even though such changes may affect the value of the Credits or the ability to obtain certain Credits. A Member’s continued participation in the Program and/or use of the Site constitutes the Member’s acceptance of any changes to these Terms.
Membership in the Program is available to any individual who: (a) possesses the legal authority to agree to these Terms; (b) resides in a jurisdiction which legally permits participation in the Program; (c) owns an Apple® Watch; and (d) is a current member of a Snap Fitness Club operated by a Participating Franchisee “(a “Participating Studio”).
Members are responsible for reading and understanding these Terms and other communications from Snap Fitness about the Program to understand their rights, responsibilities, and status in the Program. Participation in the Program constitutes each Member’s full and unconditional agreement to these Terms. Those who do not comply with these Terms may be prohibited from participating in the Program as determined by Snap Fitness in its sole discretion.
- Participating Franchisees.
Participating Franchisees are franchisees of Snap Fitness that have opted-in to participate in the Program by submitting a Franchisee Acknowledgement to Snap Fitness. To inquire if the franchisee of the Snap Fitness Club in which you are a member is a Participating Studio, please email email@example.com. Snap Fitness reserves the right to remove a Participating Franchisee from the Program without notice at any time and for any reason.
You acknowledge that not all franchisees are Participating Franchisees and We do not accept any liability or responsibility if any Snap Fitness Club is not a Participating Franchisee.
- Term of Program.
The Program shall begin on the date that the Member completes both of the following: i) enrolls in the Program via the Program sign up page found in the integrations section of the Snap App and ii) accepts these Terms (the “Start Date”). The Program shall expire 24 months after the Start Date (the “Expiration Date”). This 24-month term shall be referred to herein as the “Term.” Once the Term ends, you will not be eligible to enrol and participate in the Program for a second time.
Through the Program, Members may earn credits that, if redeemed, shall apply only to offset eligible Participating Studio membership fees and charges incurred for the billing cycle(s) immediately following the Expiration Date (the “Credit(s)”). Credits may be redeemed once upon the expiration of the Term and may not be used towards any other purpose, fee, or redeemed for cash value.
Member must own, use, and link an Apple Watch to the Program via the Site to earn Credits. Member agrees that Snap Fitness will not provide an Apple Watch to Members for a Member’s participation in the Program. The Member acknowledges that Snap Fitness will not be liable for any data charges associated with their use of the Apple Watch.
Credits may be earned by visiting Snap Fitness Clubs, by closing Apple Watch rings on the Member’s Apple Watch, completing monthly goals communicated to Member (“Monthly Goals”), or as otherwise communicated to the Member by Snap Fitness (including via email or the App). Credits may not be applied retroactively for any Credits that may have been earned prior to the commencement of the Program. To earn the maximum amount of Credits each month, a Member must: i) visit their Participating Studio that they are a member to at least twelve (12) times during the month; and ii) close each of the three (3) Apple Watch rings at least twenty-one (21) times during the month. More information regarding the closing of Apple Rings may be found here. Snap Fitness reserves the right to amend Monthly Goals at any time with or without notice to Member.
The maximum total of Credits that may be earned by a Member for the duration of the Program is $329 NZD.
If a Member terminates their membership to a Participating Studio or if the Participating Studio that the Member has a membership with ceases operations or participation in the Program prior to the expiration of the Term, Member agrees that they are no longer eligible to receive Credits and any Credits earned by the Member shall be forfeited and no Credit or payment of any kind is owed to Member. Snap Fitness disclaims any liability for any used, expired or forfeited Credits.
Unless authorized by us, Credits may not be used in conjunction with any other promotional or incentive offer from us or our affiliates. Any unapplied Credits shall expire one year from the Expiration Date.
- Member Compliance.
The Member agrees to receive email messages from Snap Fitness regarding the status of your Credits.
If concerns arise due to fraud, misuse, violation of law, or non-compliance with these Terms or the Membership Terms and Conditions, Snap Fitness retains the right to, unilaterally and without notice, suspend or discontinue a Member’s participation in the Program and/or void any Credits earned by a Member.
Credits do not constitute property, do not entitle a Member a vested right or interest, and have no cash value. Credits are not redeemable for cash, transferable or assignable for any reason, and are not transferable upon death. Credits will void if Credits are sold or attempted to be sold for cash or other consideration. Credits will void on any attempted transfer or assignment to a third-party or to another Member. Notwithstanding the foregoing, if a Member transfers their Snap Fitness Club membership to a different Participating Studio, the Member may transfer their Credits earned to the Participating Studio that the Member transferred to. Member may not transfer Credits to a non-participating studio and Credits will void upon Member’s transfer to a non-participating studio.
By accepting Credits, Member represents and warrants that Member’s receipt and use of Credits are not prohibited with any applicable law, regulation, or binding orders.
- Health Warning and Disclaimer.
Member acknowledges that Member is solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide on the Site or elsewhere. Our Site does not include any supervision, and we are not responsible for any injuries that Member may suffer because of following any exercise program or regime.
By participating, you are doing so voluntarily and at your own risk. You assume all risks in connection with your participation in any recreational services and activities that we may provide. We exclude all liability (save in respect of any actions attributable to our negligence) arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury).
YOU SHOULD CONSULT YOUR DOCTOR OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE: (A) A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, (B) IF YOU HAVE EVER EXPERIENCED CHEST PAIN OR OTHER DISCOMFORT WHEN EXERCISING, OR (C) IF YOU SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
- Limitation of Liability.
SNAP FITNESS, INC., ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, 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 TERMS, OR THE COMPANY’S OPERATION OF THE PROGRAM UNLESS DAMAGES ARE DIRECTLY ATTRIBUTABLE TO OUR OR THE PARTICIPATING FRANCHISEE’S NEGLIGENCE OR ACTIONS.
By participating in the Program, each member accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Snap Fitness and their respective parent companies, subsidiaries, affiliates, agents, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Member and/or Member's participation in the Program, or for any harm or injury caused by any third party unless it is directly attributable to Us or the Franchisee, subsidiary, affiliates or agents.
We make no warranties, express or implied, with respect to Credits, including without limitation, any express or implied warranty of merchantability, or fitness for a particular purpose except for any warranties or guarantees which may not be excluded by force of The Consumer Guarantees Act 1993, Fair Trading Act 1986 or similar legislation.
Snap Fitness does not offer any technical or hardware support for your Apple Watch and will not be responsible for any issues arising out of the Member’s use of the Apple Watch.
- Not Responsible for Acts, Errors, or Omissions.
Snap Fitness is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, or Credit redemption request; (b) theft or unauthorised redemption of Credits; (c) any acts or omissions of third parties (including, without limitation, Participating Franchisees); or (d) any errors published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Participating Franchisees, and Program affiliates, and errors in the crediting or debiting of Credits from Member accounts. The Company reserves the right to correct, without notice, any errors.
Credits may be subject to tax. Member is responsible for paying all such taxes and making all applicable disclosures. Snap Fitness will not be liable for any tax liability, duty, or other charges in connection with the issuance of Credits.
- Interpretation of Program Terms.
All interpretations of these Terms are at our sole discretion and our decisions will be final.
- Subject to Law.
These Terms shall be governed by and construed in accordance with the laws of New Zealand. If any part of these Terms is held to be unlawful or unenforceable, that part will be deemed deleted from these Terms in such jurisdiction and the remaining provisions will remain in full force and effect. Any disputes arising out of or related to these Terms will be handled individually without any class action.