This agreement governs the relationship between Gym Guard and its customers. We are a New Jersey limited liability company which provide fitness equipment protection plans to New Jersey homeowners. We do not provide fitness equipment protection plans to health or fitness clubs or any other type of commercial enterprise. The terms "Provider" or "us" or "we" refer to Gym Guard, LLC. The term "you" refers to our customers or service plan members.
What we provide:
WorryFree Protection Plan. Subject to the terms and conditions contained herein, Gym Guard will service and repair your eligible Residential Fitness Equipment during your Coverage Term free of charge. If replacement parts are necessary, then we will order them. However, you will bear the cost and delivery of the parts.
COVERED EQUIPMENT SHALL ONLY INCLUDE CARDIO AND STRENGTH EQUIPMENT (such as treadmills, elliptical machines, stationary bikes, ergs, etc.) LOCATED IN YOUR RESIDENCE. Commercially used equipment or equipment shared by residents of a multi-family building is not covered equipment.
Coverage Term. The minimum term is thirty (30) days from the Effective Date.
Automatic Renewal. This Plan Agreement will automatically renew every thirty (30) days subject to non-renewal by you or us with seven (7) days written notice to the other party prior to the Renewal Date. Gym Guard will notify you of any changes in the Plan price or Plan terms at least thirty (30) days prior to the renewal date.
Effective Date. The initial term of the Protection Plan begins on the Effective Date. The Effective Date is the date that Gym Guard provides its Initial Inspection and initial maintenance of the Covered Equipment.
Unlimited Coverage. Service Calls shall be unlimited so long as your Plan is in effect.
What you provide:
Payment. You agree to pay Gym Guard a recurring monthly fee of $14.99. The Protection Plan terminates when payment is stopped.
Promptly Schedule a Service Call. Contact us as soon as you discover a problem with your covered equipment requiring repair. All service calls are handled in the order they are received. To schedule a Service Call, please call 732-317-9375 Monday through Friday. Subject to conditions beyond our control (such as weather and other force majeure conditions), we will endeavor to promptly repair your covered equipment at no charge.
Replacement Parts. If replacement parts are required, then we will order same but you are responsible for the cost and delivery of the parts. Gym Guard will not be responsible for unavailability of parts, damaged parts, labor difficulties, and acts of nature, fires, floods or any other conditions beyond the reasonable control of Gym Guard. ALL WORK MUST BE PERFORMED BY GYM GUARD’S TECHNICIANS. WE WILL NOT REIMBURSE YOU SHOULD YOU CHOOSE TO HIRE ANY THIRD PARTY TECHNICIANS.
Access to Equipment. You agree to provide our technicians with safe and adequate access to your covered equipment. Covered equipment shall only include residential cardio and strength equipment located in your residence. Inaccessible equipment will not be covered. Likewise, only Residental Fitness Equipment will be covered. We do not repair commercially used equipment or equipment shared among residents of a multi-family building.
Update your contact information. Keep your contact information, including your address, current and up to date. You can update your contact information by calling us at 732-317-9375. Coverage is transferable to a new address and terminates at your present address.
No Chargebacks. You agree not to chargeback any credit card payments made to us.
DISCLAIMERS AND LIMITATIONS
Existing Manufacturers Warranties. Gym Guard will not be responsible in the event that your Protection Plan Agreement voids or cancels any existing manufacturer's warranties.
Commercial and Shared Use Limitation. We do not provide coverage if part of your home is rented for commercial use nor do we provide coverage to multi-residential buildings with shared equipment.
Cosmetic Damage Exclusion. We will not repair cometic defects or damage to covered equipment that does not impair the primary functionality of the equipment.
Misuse Exclusion. Breakdowns which occur due to abuse or misuse of the covered equipment are not covered.
Incidental Damages Exclusion. Gym Guard is not responsible for and will not pay or otherwise reimburse you for special, secondary, incidental indirect, consequential, exemplary, or other related damages resulting from any delay in providing, or failing to provide, repair of any covered equipment.
Limitation of Liability. Notwithstanding anything to the contrary herein, under no circumstances will Gym Guard’s total liability exceed the total amount of payment received from you within the prior twelve months.
DISPUTES
Contact Us. If you believe that our service did not meet your expectations please contact us at 732-317-9375. We will work with you to resolve any issue that you may have pursuant to the Plan Agreement. If good faith negotiations do not work then the parties agree to submit themselves to the exclusive jurisdiction of the New Jersey Courts.
MISCELLANEOUS
Entire Agreement. This Agreement constitutes the entire agreement between us and supersedes all prior agreements and understandings of the parties. Except as provided herein, all other warranties, expressed or implied, are hereby disclaimed.
Severability. If one or more provisions of this Agreement are held to be unenforceable unde applicable law, then such provision(s) shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision(s) were so excluded and shall be enforceable in accordance with its terms.
Amendments. No amendment to this agreement will be effective unless it is in writing and signed by a party or its authorized representative.