Gym Partner Agreement
This Gym Partner Agreement (the “Agreement”) is a binding contract between Network Problems, LLC, a New Jersey limited liability company (“IHMG,” “we,” “us”), and the business that creates a partner account on ihatemygym.com (“Partner,” “you”). By checking the acceptance box at signup, or by using a partner account, you agree to this Agreement, our Terms of Service, and our Privacy Policy. The person accepting represents that they are authorized to bind the Partner.
1. What we do
IHMG operates a matching service. Consumers who want to leave their current gym complete a quiz; we match them with nearby gyms and let them request a visit at partner gyms. When a consumer requests a visit at one of your locations, or tells us they joined one, we send you a “Lead”: the consumer’s name, the contact details they gave us, any requested visit day and time window, and their quiz answers. Consumers who join a partner gym can claim a cash “Switch Rebate” from us by sending proof of membership.
2. Your account and locations
- You may claim one or more physical locations you own or are authorized to manage. Each location is identified by its Google Place ID. You represent that every location you claim is a real, operating fitness facility you are entitled to represent.
- We may approve, reject, suspend, or transfer a claim at our discretion, including automatically using software checks. If another party claims a location you hold, we may investigate and reassign it; our decision is final.
- You must keep your profile (style, amenities, pricing, hours) and your switch offer accurate. Consumers rely on this information and you are responsible for honoring any offer you publish.
- You are responsible for everyone who uses your account and for keeping your password secure.
3. Fees — you pay only for verified joins
- No signup fee, no monthly fee, no charge for Leads or visits. You pay a flat fee for each “Verified Join” (currently $100; the current fee is always shown on your billing page and may be changed by us with at least 14 days’ notice by email; the fee in effect on the date the join is verified applies).
- Switch Rebate. Of each fee, $50 (or the rebate amount shown on your billing page) is passed to the member as their Switch Rebate, and the remainder is our fee. We pay the Switch Rebate to the member only after your payment for that join is collected. The rebate is our promotion to consumers; you do not pay the member directly and have no obligation to them for it.
- A Verified Join means a consumer who (a) reached you through an IHMG quiz match, (b) was not already a member of that location on the date of the match, and (c) became a paying member, as shown by either (i) proof of membership the consumer submits to us (for example a receipt, contract, or membership app screenshot) that we review and accept, or (ii) your confirmation through your dashboard or a survey email.
- Prepayment. You prepay one fee, once: when you add your payment card if consumers have already matched with your location, or otherwise when your first Lead arrives. The prepayment is held as account credit and is applied in full to your first Verified Join (and to later ones if any credit remains). It is not an additional fee. Unused credit is refundable on request when you close your account.
- No refunds. Once a join is verified, the fee is earned and non-refundable, including if the member later cancels, freezes, downgrades, or fails to pay you. Refunds or credits are issued solely at our discretion.
4. Billing
- You must keep a valid payment card on file with our payment processor (Stripe). You authorize us to charge that card, without further notice, for the prepayment and for each Verified Join.
- We charge each Verified Join when it is verified, first from any prepaid credit and then to your card. A receipt is emailed to you and every charge is listed on your billing page.
- If a charge fails, your locations are automatically paused and stop receiving Leads until the balance is paid. We may retry the card and may pursue unpaid amounts. Amounts more than 30 days overdue may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower, plus reasonable collection costs.
- You are responsible for any sales or similar taxes on the fees, other than taxes on our income.
5. Verification, surveys, disputes, and pausing
- We review each proof of membership a consumer submits and decide in good faith whether it shows a new membership at your location. We may ask you to confirm a membership or its start date, and you agree to answer truthfully and promptly. If you believe a join we verified is wrong, tell us within 7 days of our notice; we will review the evidence (the proof, dashboard activity, survey answers, timestamps, and anything either side submits). Our decision is final for billing purposes.
- About 30 days after a consumer’s visit we email you a one-question survey asking whether they joined. You agree to answer it truthfully and promptly. If you do not answer within the grace period stated in the survey, your location is paused (no new Leads) and is automatically un-paused when you answer.
- Reporting a join as “did not join” when the consumer became a member, or otherwise acting to avoid a fee, is a material breach. We may bill the fee, suspend your account, and pursue other remedies.
- You may pause any location at any time from your dashboard. Paused locations receive no new Leads.
6. Leads and consumer data
- Lead data is provided solely so you can host the requested visit, sell that consumer a membership, and confirm their membership to us. You may not sell, share, or use Lead data for any other purpose, add consumers to marketing lists without their separate consent, or contact them in violation of law (including the TCPA and CAN-SPAM).
- Quiz answers may include the consumer’s reasons for leaving another gym. Treat that information as confidential and do not publish or forward it.
- You will handle Lead data in accordance with applicable privacy laws and delete it on request from us or the consumer.
7. Your obligations to consumers
You will confirm or decline visit requests promptly, honor confirmed visits and published switch offers, treat consumers respectfully, and comply with all laws applicable to your business, including health-club and consumer-contract laws in your state (for example, New Jersey’s Health Club Services Act). The membership contract is solely between you and the consumer; IHMG is not a party to it.
8. Our rights
We may display your business name, address, public Google information, profile, and switch offer to consumers; rank and select matches using our own criteria; decline to show your location to any consumer; and modify or discontinue the service. We may suspend or terminate your account for breach, suspected fraud, consumer complaints, or non-payment.
9. Term and termination
This Agreement starts when you accept it and continues until terminated. Either party may terminate at any time by notice (you may do so through the contact form). Termination does not cancel fees for joins verified before termination, or for consumers who were matched with you before termination and join within 60 days after it. Sections 3, 4, 5, 6, 10, 11, and 12 survive termination.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS.” WE DO NOT GUARANTEE ANY NUMBER OF LEADS, VISITS, OR JOINS, THE ACCURACY OF QUIZ ANSWERS OR GOOGLE DATA, OR THAT CONSUMERS WILL SHOW UP. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of liability; indemnity
TO THE FULLEST EXTENT PERMITTED BY LAW, IHMG WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE, AND OUR TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID US IN THE SIX MONTHS BEFORE THE CLAIM. You will defend and indemnify IHMG and its members, managers, and contractors against claims arising from your facility, your membership contracts, your use of Lead data, your offers, or your breach of this Agreement.
12. General
- Governing law and venue. This Agreement is governed by the laws of the State of New Jersey, without regard to conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in Monmouth County, New Jersey, and you consent to their jurisdiction. Each party waives trial by jury.
- Changes. We may update this Agreement by posting a new version and emailing you. Changes to fees take effect no sooner than 14 days after notice; other changes take effect on posting. Continued use after the effective date is acceptance. If you do not agree, terminate before then.
- Independent parties. Nothing here creates a partnership, joint venture, agency, or franchise. “Partner” is a label, not a legal partnership.
- Notices to us go through the contact form; notices to you go to the email on your account.
- Entire agreement. This Agreement, the Terms of Service, and the Privacy Policy are the entire agreement on this subject. If any provision is unenforceable, the rest remains in effect. You may not assign this Agreement without our consent; we may assign it to a successor.