UPDATED ON 15 April 2021
TERMS AND CONDITIONS FOR LES MILLS COACH SERVICE
Introduction
A. Les Mills Media Limited (Les Mills, us) is the company providing the LES MILLS Coach Service (as defined below).
B. Under these terms and conditions, LES MILLS Coach Service (Service) means the online coaching service (including our website Lesmillscoaching.com, the services provided by our coaches and all content associated with those services) with the specifications for each Personal Coaching Program as set out in clause 1.3 below.
IF YOU RESIDE IN THE U.S. PLEASE READ THIS NOTICE REGARDING DISPUTE RESOLUTION: These terms contain provisions that govern how claims you and we may have against each other are resolved (see clause 15.3 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with clause 15.8. Unless you opt-out of arbitration: you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. LES MILLS Coach Service Specifications
1.1. Your Coach will contact you within 48 hours of you buying your Personal Coaching Program.
1.2. The Coach provided will be as nominated by Les Mills Media. The availability of any particular Coach is not guaranteed at any time.
1.3. For the respective Personal Coaching Program that you select, Your Coach will provide you with the following during the applicable Personal Coaching Program period:
Kick Start program (one-off) |
4-week program |
8-week program |
12-week program |
Personalized workout plan based on an online fitness and goal setting assessment. This will be done by your Coach with you on a 30 minute video conference call at the start of your Service. |
Personalized workout plan based on an online fitness and goal setting assessment. This will be done by your Coach with you on a 30 minute video conference call at the start of your Service. |
Personalized workout plan based on an online fitness and goal setting assessment. This will be done by your Coach with you on a 30 minute video conference call at the start of your Service. |
Personalized workout plan based on an online fitness and goal setting assessment. This will be done by your Coach with you on a 30 minute video conference call at the start of your Service. |
Participation in LES MILLS Coach member group on Facebook |
Participation in LES MILLS Coach member group on Facebook |
Participation in LES MILLS Coach member group on Facebook |
Participation in LES MILLS Coach member group on Facebook |
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Check-ins with your coach each week during your 4-week coaching program period, provided via video calls with a duration of 15 minutes. |
Check-ins with your coach each week during your 8-week coaching program period, provided via video calls with a duration of 15 minutes. |
Check-ins with your coach each week during your 12-week coaching program period, provided via video calls with a duration of 15 minutes. |
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Personalized support and encouragement in the form of 3 emails per week during your 4-week coaching program period. |
Personalized support and encouragement in the form of 3 emails per week during your 8-week coaching program period. |
Personalized support and encouragement in the form of 3 emails per week during your 12-week coaching program period. |
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Updated workout plan half-way through your personal coaching program period, provided via email (i.e., after the first 4 weeks of the LES MILLS Coach Service) |
Updated workout plan every 4 weeks during your personal coaching program period, provided via email (i.e., after the first 4 weeks of the LES MILLS Coach Service) |
1.4. On purchasing your Personal Coaching Program you will be sent a link to join the online personal coaching member only Facebook group.
1.5. You must have access to a video conferencing platform to have your initial call with your Coach.
1.6. Once you have bought your Service you do not have a right to a refund.
2. Supply of Service
2.1 Les Mills shall supply the Service to you in accordance with the service specifications set out in clause 1 in all material respects.
2.2 Les Mills shall use all reasonable endeavours to meet any performance dates for the Service, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Service.
2.3 In the event that your Coach is unable to contact you after three attempts and a minimum of 1 week, Les Mills is not obliged to supply, or continue to supply, the Service.
2.4 Les Mills reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Service, and Les Mills shall notify you in any such event.
2.5 Les Mills warrants to you that the Service will be provided using reasonable care and skill.
2.6 You must have a LES MILLS On Demand subscription to use the Service.
3.1 You shall:
3.1.1 ensure that you comply with all instructions and guidance provided by Les Mills during the Service, and in particular comply with all obligations set out in clause 3 of these terms and conditions;
3.1.2 co-operate with Les Mills in all matters relating to the Service;
3.1.3 provide Les Mills with such information and materials as Les Mills may reasonably require in order to supply the Service, and ensure that such information is complete and accurate in all material respects;
3.1.4 comply with all applicable laws, including health and safety laws;
3.1.5 keep all materials, equipment, documents, video, audio or written advice and other property of Les Mills (Les Mills Materials) at your premises in safe custody at your own risk, maintain Les Mills Materials in good condition until returned to Les Mills, and not dispose of or use Les Mills materials other than in accordance with Les Mills’ written instructions or authorisation:
3.1.6 use the Service for your own personal and non-commercial use, and not for any commercial or business purpose;
3.1.7 do not disclose or provide any Les Mills materials to any other person or entity, and ensure that you comply with your obligations in relation to confidentiality and intellectual property set out these terms;
3.1.8 ensure all information you give us is correct, and notify us immediately of any changes to your contact details;
3.1.9 follow the instructions and directions we provide about using the Service and only use it for lawful purposes;
3.1.10 be responsible and liable for any use by any other person (authorised or unauthorised) of the Service we provide to you, including, without limitation, any charges associated with that use and any consequences if such person misuses the Service or breaches these terms and conditions or suffers any injury or damage to their property; and
3.1.11 make sure everyone you are responsible for and who may use or do anything in relation to the Service also meets the responsibilities set out in these terms and conditions.
3.2 You agree not to:
3.2.1 copy, reproduce, publish, transmit, broadcast, archive, download (other than through caching necessary for personal use), distribute, modify, display, perform, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these terms and conditions) content and information contained on or obtained from or through the Service without express written permission from us;
3.2.2 use the Service for public performances or publications including, without limitation, performance in or for any fitness facility;
3.2.3 use the Les Mills programs or any Les Mills materials (including, without limitation, the choreography or music contained therein) to learn, teach or instruct any fitness class;
3.2.4 circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service;
3.2.5 use any robot, spider, scraper or other automated means to access the Service;
3.2.6 decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service;
3.2.7 insert any code or product or manipulate the content of the Service in any way;
3.2.8 use any data mining, data gathering or extraction method;
3.2.9 infringe any third party’s rights; or
3.2.10 upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs.
3.3 If Les Mills' performance of any of its obligations under these terms is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Default):
3.3.1 without limiting or affecting any other right or remedy available to it, Les Mills shall have the right to suspend performance of the Service until you remedy your Default, and to rely on your Default to relieve you from the performance of any of your obligations in each case to the extent your Default prevents or delays Les Mills' performance of any of its obligations;
3.3.2 Les Mills shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from Les Mills' failure or delay to perform any of its obligations as set out in this clause 2.2; and
3.3.3 you shall reimburse Les Mills on written demand for any costs or losses sustained or incurred by Les Mills arising directly or indirectly from your Default.
4 You are responsible for exercising within your limits
4.1 Consult your physician or a medical professional before using the Service and follow his or her advice. If you choose to exercise or follow nutritional advice through the Service, you do so at your own risk and acknowledge that the exercises carry an inherent risk of physical injury, particularly if you have a history of health problems or any previous injuries. Do not use the Service if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back and neck) problems or injuries. Read and follow all safety guidance provided as part of the Service.
4.2 If you are unfamiliar with the exercises in any video, refer questions to your coach or refer to the tutorials at https://lesmillsondemand.vhx.tv/learn-the-moves. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately. Nothing in the Service is intended to be medical or professional advice or care. We and our related companies do not guarantee any health, weight loss or fitness results or improvements to users of the Service.
4.3 By agreeing to these terms, you acknowledge that you do not have any chronic disabilities or conditions which would place you at risk of injury, have consulted with a physician prior to participating in this exercise program, and have received adequate training and instruction on proper performance of all exercises.
4.4 You are responsible for exercising within your limits and assume all risk of harm, injury to your person or property. The Les Mills coaches will be providing guidance and encouragement, but you are responsible for recognizing when you feel discomfort and for stopping and seeking advice if you are unsure you can complete an exercise, program or nutritional tip safely. CLAUSE 12 “EXCLUSIONS AND LIMITATION OF LIABILITY” OF THESE TERMS AND CONDITIONS EXPRESSLY APPLY YO YOUR USE OF THE SERVICE.
4.5 You expressly acknowledge that:
4.5.1 any nutritional advice provided as part of the Service is not personalized advice, and is in the form of general tips and strategies for healthy nutrition and living. You are responsible for your own nutritional health and wellbeing, and Les Mills is not liable for any injury or harm that is caused to you by the general nutritional tips and advice provided as part of the Service; and
4.5.2 medical and healthcare advice is not part of the Service. You are responsible for obtaining your own medical advice if required, as you acknowledge that the coaches are not medical professionals.
5 Your LES MILLS Coach Subscription programs
5.1 Your subscription to the Service will continue for the program period you purchase, unless you or we cancel it in accordance with these terms and conditions.
5.2 You must be over 18 years of age, have internet access, access to a video conferencing platform and provide us with a current, valid, method of payment acceptable to us (as confirmed during your online sign up) to use the Service.
6 Cancellation
6.1 You may cancel your Personal Coaching Program at any time, and you will continue to have access to the Service through to the end of your current program period if you wish.
6.2 To cancel your Personal Coaching Program, email us at support@lesmillsondemand.com.
6.3 To the extent permitted by applicable law, when you purchase a Personal Coaching Program from us you agree:
6.3.1 we will provide you with access to the Service immediately; and
6.3.2 where we get your consent when you sign up, you waive any statutory right you may have to:
a) change your mind about your purchase of the Personal Coaching Program; and
b) receive a refund within any applicable cooling off period.
7 Changes to the Service
7.1 We may regularly make changes to any element of the Service or the Personal Coaching Program. In particular, the availability of coaches may change from time to time. We therefore have the right to add or withdraw a coach at any time, with or without notice. You acknowledge and agree that coaches are variable and will change from time to time without notice.
7.2 There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Service. We may also update or upgrade the Service from time to time. If changes to any element of the Service are likely to materially adversely affect the Service, we will try to make sure that any changes will not adversely affect you during your current Personal Coaching Program period. If we have to make an adverse change to the Service during your Personal Coaching Program period, we will give you at least 30 days' notice and the right to cancel. If you do not cancel your Personal Coaching Program after we have notified you about any changes and before these changes take place, and you continue to use the Service, unless prohibited by law, you agree that this constitutes your acceptance of the changes. If you choose to cancel your Personal Coaching Program, we will, if required by applicable law, provide you with a refund for amounts you have paid for the Service but not received.
8 Changes to these Terms
8.1 We may change these terms from time to time. The circumstances in which we may change the terms may include (without limitation), to comply with applicable laws, to provide you with additional information about the Service, where we need to make changes to the Service in order to improve it, or for safety or security reasons.
8.2 We will notify you at least 30 days before making any material changes to the terms, unless the changes need to be implemented quickly for security, legal or regulatory reasons, in which case we will notify you of the changes as soon as we can. If any change to the terms will materially disadvantage you, or materially affect the availability of the Service, we will provide you with 30 days' notice before the changes become effective and you can choose to cancel your Personal Coaching Program before the changes become effective.
8.3 Where possible, we will ensure that any changes to the terms, which materially disadvantage you, will not come into effect until the end of your Personal Coaching Program. If a materially adverse change is going to come into effect during your current Personal Coaching Program period, you can cancel your Personal Coaching Program before the change comes into effect and we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the Service but not received.
8.4 If you continue to use the Service following any change to the terms, you agree that this constitutes your acceptance of the amended terms. The most up to date terms will always be available on the Service from the effective date of those updated terms.
9 The Trainerize App
9.1 You may use the Trainerize App as part of the Service. We are not responsible and accept no liability for any faults, malfunctions or issues that you may experience when using the Trainerize App.
9.2 If you have downloaded the Trainerize App from the Apple iTunes App Store, the following additional terms apply:
a) You acknowledge that these terms is not between you and Apple.
b) Your use of the Trainerize App is limited to a non-transferable licence to use the Trainerize App on any iOS products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Trainerize App.
c) To the extent permitted by law, Apple has no warranty obligation with respect to the Trainerize App and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in these terms is our responsibility.
d) You acknowledge that Apple is not responsible for addressing any of your claims (or any third party claims) relating to the Trainerize App or your possession and/or use of the Trainerize App, including, but not limited to: (i) any third party claims of intellectual property right infringement, (ii) product liability claims, (iii) any claim that the Trainerize App fails to conform to any applicable legal or regulatory requirement, and (iv) claims arising under consumer protection or similar legislation.
e) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that you have been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
f) You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these terms with respect to the Trainerize App, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you in respect of the Trainerize App as a third party beneficiary thereof as set forth herein.
10. Intellectual Property
10.1 The Service and Personal Coaching Program are protected by copyright, trade mark, trade secret and/or other proprietary intellectual property rights owned by or licensed to us.
10.2 You have no intellectual property rights in or to the Service or any Les Mills Materials, other than the right to use them in accordance with these terms.
10.3 You may not remove, alter, or in any way tamper with any copyright notices or other proprietary markings included in the Service or any Les Mills Materials. Any copying, access, transfer, public performance or communication to the public or other use of the Service or any Les Mills Materials other than as expressly authorised by applicable law or these terms shall constitute an infringement of applicable intellectual property rights and a breach of these terms. In the event of applicable infringement, we, or one of our Group Companies, may, without notice or prior intervention of a court or arbitral body, block your access to the Service and terminate any Personal Coaching Program you may have and pursue any rights or remedies available to us.
10.4 All of our and our Group Companies trade and service marks and logos, and our and our Group Companies products and services described in our or our Group Companies' websites, are either trademarks, service marks or registered trademarks of us, our Group Companies or our authorised agents, and may not be copied, imitated or used, in whole or in part, without our prior written permission. For the avoidance of doubt, you may not use any of our or our Group Companies' trademarks or service marks in any domain names or in any account name or user ID for any social media site or blog. All page headers, custom graphics, button icons, and scripts are the copyright and / or service marks, trademarks, and/or trade dress of us or our Group Companies and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Our and our Group Companies' trade marks, service marks and trade dress may not be used in any manner that is likely to cause confusion amongst the public or in any manner that disparages or discredits us or our Group Companies. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our Group Companies.
10.5 We respect the intellectual property of others. If you believe that your work has been copied and has been used on the Service in a way that constitutes copyright infringement, please notify us immediately, (legal@lesmills.com), and provide the following information:
a) A description of the copyrighted work that you claim has been infringed;
b) A description of the location in the Service of the material that you claim has been infringed;
c) Your address, telephone number and e-mail address;
d) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e) Your statement that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
f) Your physical or electronic signature.
10.6 Our Copyright Agent for notice of claims of copyright infringement on the Service can be reached as follows:
Les Mills International Limited, 22 Centre Street, Auckland 1010, New Zealand
Email: legal@lesmills.com
Attention: General Counsel, Legal Department
11. Privacy
Any personal information you supply to us or that we collect from you when using the Service will be used by us in the ways set out in our Privacy Policy. Please also ensure you read our Cookies Policy.
12. Our liability to you
12.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to limit or exclude liability for fraudulent misrepresentation, wilful misconduct or gross negligence by us or our employees or agents or any other liability which cannot be limited or excluded under applicable law.
12.2 If we breach these terms we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms of use.
12.3 We are not responsible for:
a) any use of the Service which isn't authorised by us;
b) any malfunction of or interruption to the Service due to unforeseeable circumstances or malfunctions of the Trainerize App that prevent us from fulfilling our obligations to you;
c) errors, viruses or bugs present in or arising from your use of the Service or the Trainerize App;
d) incompatibility of the Service or the Trainerize App with any other software or hardware (including any of your devices); and
e) any act or default of any third party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.
12.4 You have certain statutory rights under the applicable laws of your territory. Nothing in these terms is intended to affect these statutory rights. For more information about your statutory rights contact your local consumer organisation.
12.5 In Canada, the laws of certain jurisdictions, including the province of Quebec, may not allow the exclusion or limitation of liability described in the following clauses 12.6 and 12.7. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you and you may have additional rights.
12.6 APART FROM LIABILITY ARISING IN RESPECT OF THE CIRCUMSTANCES SET OUT IN CLAUSE 12.1 (WHICH IS UNLIMITED), TO THE FULLEST EXTENT PERMITTED UNDER LOCAL LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR YOUR SUBSCRIPTION EXCEED THE AMOUNT YOU HAVE PAID FOR YOUR SUBSCRIPTION.
12.7 WE CANNOT GUARANTEE THAT THE SERVICE WILL BE FREE FROM BUGS OR ERRORS OR THAT YOUR ACCESS WILL BE FREE FROM INTERRUPTIONS (FOR EXAMPLE THERE MAY BE DOWNTIME FOR MAINTENANCE OR UPDATES OR ANY POWER OR SERVER OUTAGES OR OTHER REASONS OUTSIDE OUR CONTROL), HOWEVER WHERE WE ARE MADE AWARE OF TECHNICAL ISSUES THEN WE WILL ALWAYS TRY TO FIX THEM.
12.8 PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE SERVICE, OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, TRAINERIZE APP, OPERATING SYSTEM OR INTERNET CONNECTION, OR THE CONSEQUENCES OF YOU CHANGING YOUR EQUIPMENT, DEVICE, OPERATING SYSTEM OR INTERNET CONNECTION.
12.9 FOR USERS WITHIN THE UNITED STATES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM LES MILLS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
13. Severability
If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If a modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms.
14. Transfer of rights
The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under these terms to any company, firm or person provided that your subscription will not be adversely affected as a result of this type of transfer. You may not transfer your rights or obligations under these terms to anyone else.
15. Terms Applicable to Users within the United States
15.1 NOTICE TO NEW JERSEY USERS. Notwithstanding any terms set forth in these terms, if any of the provisions set forth in clause 12 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you but the rest of the terms shall remain binding on you and Les Mills. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Use, nothing in these Terms of Use is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
15.2 NOTICE TO CALIFORNIA USERS. Under California Civil Code § 1789.3, users located in California are entitled to the following consumer rights notice. Users may contact us by writing to support@lesmillsondemand.com or 22 Centre Street, Auckland, New Zealand. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
LEGAL DISPUTES AND ARBITRATION AGREEMENT.
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
15.3 Initial Dispute Resolution. We are available by email at support@lesmillsondemand.com to address any concerns you may have regarding these Terms of Use or your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
15.4 Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 25.3(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Chicago, Cook County, Illinois, U.S.A., at your option. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures or by calling 1-800-352-5267. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
15.5 Class Action and Class Arbitration Waiver. You and Les Mills each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and Les Mills each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 25.3(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
15.6 Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
15.7 Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
15.8 30 Day Right to Opt-Out. You can opt out of this agreement to arbitrate by sending a written request to support@lesmillsondemand.com within thirty (30) days of first accepting these terms, or within thirty (30) days of any subsequent modification to the arbitration agreement set forth in this Section 25.3. Your request to opt-out of arbitration must include your (i) name, (ii) mailing address, (iii) email address, and (iv) express request to opt-out from the arbitration agreement set forth in this Section 25.3. If you opt-out of this agreement to arbitrate consistent with the procedure set forth above, all other terms and conditions set forth in these Terms of Use shall continue to apply to your use of the Service.
15.9 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 25.3(b) do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Chicago, Cook County, Illinois (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Chicago, Cook County, Illinois for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Use, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Contacting us
You can contact us by writing to us at support@lesmillsondemand.com or 22 Centre Street, Auckland, New Zealand.
1.5. You must have access to a video conferencing platform to have your initial call with your Coach.
1.6. Once you have bought your Service you do not have a right to a refund.
2. Supply of Service
2.1 Les Mills shall supply the Service to you in accordance with the service specifications set out in clause 1 in all material respects.
2.2 Les Mills shall use all reasonable endeavours to meet any performance dates for the Service, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Service.
2.3 In the event that your Coach is unable to contact you after three attempts and a minimum of 1 week, Les Mills is not obliged to supply, or continue to supply, the Service.
2.4 Les Mills reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Service, and Les Mills shall notify you in any such event.
2.5 Les Mills warrants to you that the Service will be provided using reasonable care and skill.
2.6 You must have a LES MILLS On Demand subscription to use the Service.
3.1 You shall:
3.1.1 ensure that you comply with all instructions and guidance provided by Les Mills during the Service, and in particular comply with all obligations set out in clause 3 of these terms and conditions;
3.1.2 co-operate with Les Mills in all matters relating to the Service;
3.1.3 provide Les Mills with such information and materials as Les Mills may reasonably require in order to supply the Service, and ensure that such information is complete and accurate in all material respects;
3.1.4 comply with all applicable laws, including health and safety laws;
3.1.5 keep all materials, equipment, documents, video, audio or written advice and other property of Les Mills (Les Mills Materials) at your premises in safe custody at your own risk, maintain Les Mills Materials in good condition until returned to Les Mills, and not dispose of or use Les Mills materials other than in accordance with Les Mills’ written instructions or authorisation:
3.1.6 use the Service for your own personal and non-commercial use, and not for any commercial or business purpose;
3.1.7 do not disclose or provide any Les Mills materials to any other person or entity, and ensure that you comply with your obligations in relation to confidentiality and intellectual property set out these terms;
3.1.8 ensure all information you give us is correct, and notify us immediately of any changes to your contact details;
3.1.9 follow the instructions and directions we provide about using the Service and only use it for lawful purposes;
3.1.10 be responsible and liable for any use by any other person (authorised or unauthorised) of the Service we provide to you, including, without limitation, any charges associated with that use and any consequences if such person misuses the Service or breaches these terms and conditions or suffers any injury or damage to their property; and
3.1.11 make sure everyone you are responsible for and who may use or do anything in relation to the Service also meets the responsibilities set out in these terms and conditions.
3.2 You agree not to:
3.2.1 copy, reproduce, publish, transmit, broadcast, archive, download (other than through caching necessary for personal use), distribute, modify, display, perform, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these terms and conditions) content and information contained on or obtained from or through the Service without express written permission from us;
3.2.2 use the Service for public performances or publications including, without limitation, performance in or for any fitness facility;
3.2.3 use the Les Mills programs or any Les Mills materials (including, without limitation, the choreography or music contained therein) to learn, teach or instruct any fitness class;
3.2.4 circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service;
3.2.5 use any robot, spider, scraper or other automated means to access the Service;
3.2.6 decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service;
3.2.7 insert any code or product or manipulate the content of the Service in any way;
3.2.8 use any data mining, data gathering or extraction method;
3.2.9 infringe any third party’s rights; or
3.2.10 upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs.
3.3 If Les Mills' performance of any of its obligations under these terms is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Default):
3.3.1 without limiting or affecting any other right or remedy available to it, Les Mills shall have the right to suspend performance of the Service until you remedy your Default, and to rely on your Default to relieve you from the performance of any of your obligations in each case to the extent your Default prevents or delays Les Mills' performance of any of its obligations;
3.3.2 Les Mills shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from Les Mills' failure or delay to perform any of its obligations as set out in this clause 2.2; and
3.3.3 you shall reimburse Les Mills on written demand for any costs or losses sustained or incurred by Les Mills arising directly or indirectly from your Default.
4 You are responsible for exercising within your limits
4.1 Consult your physician or a medical professional before using the Service and follow his or her advice. If you choose to exercise or follow nutritional advice through the Service, you do so at your own risk and acknowledge that the exercises carry an inherent risk of physical injury, particularly if you have a history of health problems or any previous injuries. Do not use the Service if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back and neck) problems or injuries. Read and follow all safety guidance provided as part of the Service.
4.2 If you are unfamiliar with the exercises in any video, refer questions to your coach or refer to the tutorials at https://lesmillsondemand.vhx.tv/learn-the-moves. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately. Nothing in the Service is intended to be medical or professional advice or care. We and our related companies do not guarantee any health, weight loss or fitness results or improvements to users of the Service.
4.3 By agreeing to these terms, you acknowledge that you do not have any chronic disabilities or conditions which would place you at risk of injury, have consulted with a physician prior to participating in this exercise program, and have received adequate training and instruction on proper performance of all exercises.
4.4 You are responsible for exercising within your limits and assume all risk of harm, injury to your person or property. The Les Mills coaches will be providing guidance and encouragement, but you are responsible for recognizing when you feel discomfort and for stopping and seeking advice if you are unsure you can complete an exercise, program or nutritional tip safely. CLAUSE 12 “EXCLUSIONS AND LIMITATION OF LIABILITY” OF THESE TERMS AND CONDITIONS EXPRESSLY APPLY YO YOUR USE OF THE SERVICE.
4.5 You expressly acknowledge that:
4.5.1 any nutritional advice provided as part of the Service is not personalized advice, and is in the form of general tips and strategies for healthy nutrition and living. You are responsible for your own nutritional health and wellbeing, and Les Mills is not liable for any injury or harm that is caused to you by the general nutritional tips and advice provided as part of the Service; and
4.5.2 medical and healthcare advice is not part of the Service. You are responsible for obtaining your own medical advice if required, as you acknowledge that the coaches are not medical professionals.
5 Your LES MILLS Coach Subscription programs
5.1 Your subscription to the Service will continue for the program period you purchase, unless you or we cancel it in accordance with these terms and conditions.
5.2 You must be over 18 years of age, have internet access, access to a video conferencing platform and provide us with a current, valid, method of payment acceptable to us (as confirmed during your online sign up) to use the Service.
6 Cancellation
6.1 You may cancel your Personal Coaching Program at any time, and you will continue to have access to the Service through to the end of your current program period if you wish.
6.2 To cancel your Personal Coaching Program, email us at support@lesmillsondemand.com.
6.3 To the extent permitted by applicable law, when you purchase a Personal Coaching Program from us you agree:
6.3.1 we will provide you with access to the Service immediately; and
6.3.2 where we get your consent when you sign up, you waive any statutory right you may have to:
a) change your mind about your purchase of the Personal Coaching Program; and
b) receive a refund within any applicable cooling off period.
7 Changes to the Service
7.1 We may regularly make changes to any element of the Service or the Personal Coaching Program. In particular, the availability of coaches may change from time to time. We therefore have the right to add or withdraw a coach at any time, with or without notice. You acknowledge and agree that coaches are variable and will change from time to time without notice.
7.2 There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Service. We may also update or upgrade the Service from time to time. If changes to any element of the Service are likely to materially adversely affect the Service, we will try to make sure that any changes will not adversely affect you during your current Personal Coaching Program period. If we have to make an adverse change to the Service during your Personal Coaching Program period, we will give you at least 30 days' notice and the right to cancel. If you do not cancel your Personal Coaching Program after we have notified you about any changes and before these changes take place, and you continue to use the Service, unless prohibited by law, you agree that this constitutes your acceptance of the changes. If you choose to cancel your Personal Coaching Program, we will, if required by applicable law, provide you with a refund for amounts you have paid for the Service but not received.
8 Changes to these Terms
8.1 We may change these terms from time to time. The circumstances in which we may change the terms may include (without limitation), to comply with applicable laws, to provide you with additional information about the Service, where we need to make changes to the Service in order to improve it, or for safety or security reasons.
8.2 We will notify you at least 30 days before making any material changes to the terms, unless the changes need to be implemented quickly for security, legal or regulatory reasons, in which case we will notify you of the changes as soon as we can. If any change to the terms will materially disadvantage you, or materially affect the availability of the Service, we will provide you with 30 days' notice before the changes become effective and you can choose to cancel your Personal Coaching Program before the changes become effective.
8.3 Where possible, we will ensure that any changes to the terms, which materially disadvantage you, will not come into effect until the end of your Personal Coaching Program. If a materially adverse change is going to come into effect during your current Personal Coaching Program period, you can cancel your Personal Coaching Program before the change comes into effect and we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the Service but not received.
8.4 If you continue to use the Service following any change to the terms, you agree that this constitutes your acceptance of the amended terms. The most up to date terms will always be available on the Service from the effective date of those updated terms.
9 The Trainerize App
9.1 You may use the Trainerize App as part of the Service. We are not responsible and accept no liability for any faults, malfunctions or issues that you may experience when using the Trainerize App.
9.2 If you have downloaded the Trainerize App from the Apple iTunes App Store, the following additional terms apply:
a) You acknowledge that these terms is not between you and Apple.
b) Your use of the Trainerize App is limited to a non-transferable licence to use the Trainerize App on any iOS products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Trainerize App.
c) To the extent permitted by law, Apple has no warranty obligation with respect to the Trainerize App and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in these terms is our responsibility.
d) You acknowledge that Apple is not responsible for addressing any of your claims (or any third party claims) relating to the Trainerize App or your possession and/or use of the Trainerize App, including, but not limited to: (i) any third party claims of intellectual property right infringement, (ii) product liability claims, (iii) any claim that the Trainerize App fails to conform to any applicable legal or regulatory requirement, and (iv) claims arising under consumer protection or similar legislation.
e) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that you have been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
f) You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these terms with respect to the Trainerize App, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you in respect of the Trainerize App as a third party beneficiary thereof as set forth herein.
10. Intellectual Property
10.1 The Service and Personal Coaching Program are protected by copyright, trade mark, trade secret and/or other proprietary intellectual property rights owned by or licensed to us.
10.2 You have no intellectual property rights in or to the Service or any Les Mills Materials, other than the right to use them in accordance with these terms.
10.3 You may not remove, alter, or in any way tamper with any copyright notices or other proprietary markings included in the Service or any Les Mills Materials. Any copying, access, transfer, public performance or communication to the public or other use of the Service or any Les Mills Materials other than as expressly authorised by applicable law or these terms shall constitute an infringement of applicable intellectual property rights and a breach of these terms. In the event of applicable infringement, we, or one of our Group Companies, may, without notice or prior intervention of a court or arbitral body, block your access to the Service and terminate any Personal Coaching Program you may have and pursue any rights or remedies available to us.
10.4 All of our and our Group Companies trade and service marks and logos, and our and our Group Companies products and services described in our or our Group Companies' websites, are either trademarks, service marks or registered trademarks of us, our Group Companies or our authorised agents, and may not be copied, imitated or used, in whole or in part, without our prior written permission. For the avoidance of doubt, you may not use any of our or our Group Companies' trademarks or service marks in any domain names or in any account name or user ID for any social media site or blog. All page headers, custom graphics, button icons, and scripts are the copyright and / or service marks, trademarks, and/or trade dress of us or our Group Companies and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Our and our Group Companies' trade marks, service marks and trade dress may not be used in any manner that is likely to cause confusion amongst the public or in any manner that disparages or discredits us or our Group Companies. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our Group Companies.
10.5 We respect the intellectual property of others. If you believe that your work has been copied and has been used on the Service in a way that constitutes copyright infringement, please notify us immediately, (legal@lesmills.com), and provide the following information:
a) A description of the copyrighted work that you claim has been infringed;
b) A description of the location in the Service of the material that you claim has been infringed;
c) Your address, telephone number and e-mail address;
d) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e) Your statement that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
f) Your physical or electronic signature.
10.6 Our Copyright Agent for notice of claims of copyright infringement on the Service can be reached as follows:
Les Mills International Limited, 22 Centre Street, Auckland 1010, New Zealand
Email: legal@lesmills.com
Attention: General Counsel, Legal Department
11. Privacy
Any personal information you supply to us or that we collect from you when using the Service will be used by us in the ways set out in our Privacy Policy. Please also ensure you read our Cookies Policy.
12. Our liability to you
12.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to limit or exclude liability for fraudulent misrepresentation, wilful misconduct or gross negligence by us or our employees or agents or any other liability which cannot be limited or excluded under applicable law.
12.2 If we breach these terms we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms of use.
12.3 We are not responsible for:
a) any use of the Service which isn't authorised by us;
b) any malfunction of or interruption to the Service due to unforeseeable circumstances or malfunctions of the Trainerize App that prevent us from fulfilling our obligations to you;
c) errors, viruses or bugs present in or arising from your use of the Service or the Trainerize App;
d) incompatibility of the Service or the Trainerize App with any other software or hardware (including any of your devices); and
e) any act or default of any third party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.
12.4 You have certain statutory rights under the applicable laws of your territory. Nothing in these terms is intended to affect these statutory rights. For more information about your statutory rights contact your local consumer organisation.
12.5 In Canada, the laws of certain jurisdictions, including the province of Quebec, may not allow the exclusion or limitation of liability described in the following clauses 12.6 and 12.7. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you and you may have additional rights.
12.6 APART FROM LIABILITY ARISING IN RESPECT OF THE CIRCUMSTANCES SET OUT IN CLAUSE 12.1 (WHICH IS UNLIMITED), TO THE FULLEST EXTENT PERMITTED UNDER LOCAL LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR YOUR SUBSCRIPTION EXCEED THE AMOUNT YOU HAVE PAID FOR YOUR SUBSCRIPTION.
12.7 WE CANNOT GUARANTEE THAT THE SERVICE WILL BE FREE FROM BUGS OR ERRORS OR THAT YOUR ACCESS WILL BE FREE FROM INTERRUPTIONS (FOR EXAMPLE THERE MAY BE DOWNTIME FOR MAINTENANCE OR UPDATES OR ANY POWER OR SERVER OUTAGES OR OTHER REASONS OUTSIDE OUR CONTROL), HOWEVER WHERE WE ARE MADE AWARE OF TECHNICAL ISSUES THEN WE WILL ALWAYS TRY TO FIX THEM.
12.8 PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE SERVICE, OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, TRAINERIZE APP, OPERATING SYSTEM OR INTERNET CONNECTION, OR THE CONSEQUENCES OF YOU CHANGING YOUR EQUIPMENT, DEVICE, OPERATING SYSTEM OR INTERNET CONNECTION.
12.9 FOR USERS WITHIN THE UNITED STATES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM LES MILLS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
13. Severability
If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If a modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms.
14. Transfer of rights
The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under these terms to any company, firm or person provided that your subscription will not be adversely affected as a result of this type of transfer. You may not transfer your rights or obligations under these terms to anyone else.
15. Terms Applicable to Users within the United States
15.1 NOTICE TO NEW JERSEY USERS. Notwithstanding any terms set forth in these terms, if any of the provisions set forth in clause 12 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you but the rest of the terms shall remain binding on you and Les Mills. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Use, nothing in these Terms of Use is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
15.2 NOTICE TO CALIFORNIA USERS. Under California Civil Code § 1789.3, users located in California are entitled to the following consumer rights notice. Users may contact us by writing to support@lesmillsondemand.com or 22 Centre Street, Auckland, New Zealand. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
LEGAL DISPUTES AND ARBITRATION AGREEMENT.
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
15.3 Initial Dispute Resolution. We are available by email at support@lesmillsondemand.com to address any concerns you may have regarding these Terms of Use or your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
15.4 Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 25.3(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Chicago, Cook County, Illinois, U.S.A., at your option. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures or by calling 1-800-352-5267. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
15.5 Class Action and Class Arbitration Waiver. You and Les Mills each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and Les Mills each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 25.3(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
15.6 Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
15.7 Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
15.8 30 Day Right to Opt-Out. You can opt out of this agreement to arbitrate by sending a written request to support@lesmillsondemand.com within thirty (30) days of first accepting these terms, or within thirty (30) days of any subsequent modification to the arbitration agreement set forth in this Section 25.3. Your request to opt-out of arbitration must include your (i) name, (ii) mailing address, (iii) email address, and (iv) express request to opt-out from the arbitration agreement set forth in this Section 25.3. If you opt-out of this agreement to arbitrate consistent with the procedure set forth above, all other terms and conditions set forth in these Terms of Use shall continue to apply to your use of the Service.
15.9 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 25.3(b) do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Chicago, Cook County, Illinois (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Chicago, Cook County, Illinois for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Use, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Contacting us
You can contact us by writing to us at support@lesmillsondemand.com or 22 Centre Street, Auckland, New Zealand.