Planet Fitness

Delegation clause (who decides whether the clause is enforceable)

Reviewed category: to-arbitrator-full

The arbitrator, and not any 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.

Consumer’s share of arbitration fees

Reviewed category: company-pays-share-below-stated-claim-value

Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in these Terms. If the value of the relief sought is $10,000 or less, at your request, BDA will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by BDA should be submitted by mail to the AAA along with your Demand for Arbitration and BDA will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, BDA will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive.

Company’s fee promise

Reviewed category: hardship-or-request-conditioned

If the value of the relief sought is $10,000 or less, at your request, BDA will pay all AAA or arbitrator fees associated with the arbitration.

Fee or cost shifting against the consumer

Reviewed category: frivolous-or-rule-11-only

If the arbitrator determines that the substance of either your or BDA's claim, or the relief sought, was frivolous or brought for an improper purpose, the responsible party must reimburse the other for any fees paid, including attorneys' fees, to the extent permitted by the AAA's rules and applicable law.

Pre-filing requirement

Reviewed category: mandatory-condition-precedent

If BDA and you do not resolve the Action within sixty (60) calendar days after the notice of the Action is received, you or BDA may commence an arbitration proceeding pursuant to this section.

Mass-arbitration terms

Reviewed category: incorporates-provider-rules-only

In the event of a Mass Arbitration, as that term is defined by the AAA Mass Arbitration Supplementary Rules, You agree to application of the AAA Mass Arbitration Supplementary Rules and Consumer Mass Arbitration and Mediation Fee Schedule then in effect and currently available at https://www.adr.org/mass-arbitration .

Small-claims carve-out

Reviewed category: available-standard-carve-out

Notwithstanding the foregoing, you may bring an individual action in the small claims court of your county of residence or King County, Washington, if the action is within that court’s jurisdiction and is pending only in that court.

Opt-out

Reviewed category: general-with-window

You may elect to opt-out from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a letter to BDA at: Attention: Customer Service, 15525 Woodinville-Redmond Rd. NE, Woodinville, WA 98072 or [email protected] , postmarked or time-stamped within thirty (30) calendar days of your initial agreement to these Terms

Unilateral modification

Reviewed category: effective-on-posting-or-without-notice

You and BDA agree that BDA may modify these Terms. To the extent permitted by applicable law, you agree that any modifications will take effect immediately upon posting on the Site.

Scope

Reviewed category: broad-reaches-affiliates-and-third-parties

BDA, its suppliers, vendors, contractors, retailers, and licensors (COLLECTIVELY, THE “BDA Entities”) ... YOU AND BDA EACH AGREE THAT ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES, OR ACTIONS BETWEEN YOU AND THE BDA ENTITIES THAT ARISE OUT OF, RELATE TO, OR ARE CONNECTED IN ANY WAY WITH THE SITE, SERVICES, PRODUCTS, THESE TERMS, OR ANY OTHER TRANSACTION OR INTERACTION, WHETHER OCCURRING IN THE PAST, PRESENT, OR FUTURE, INVOLVING YOU AND THE BDA ENTITIES (“CLAIMS”) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS. ... The terms of this section shall otherwise survive any termination of these Terms.

Confidentiality of the arbitration

Reviewed category: silent

No provision on this field was extracted from the captured text.

Shortened limitations period

Reviewed category: shortened-to-1-year

ANY CLAIMS RELATING IN ANY WAY TO THESE TERMS, THE SITE, SERVICES, OR PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIMS OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF SUCH PERIOD IS GREATER THAN ONE (1) YEAR.

Severability if the class waiver is struck

Reviewed category: whole-clause-void-if-class-waiver-struck

if the prohibition against class or representative actions is found to be unenforceable, this entire “Dispute Resolution” Section shall be null and void.

Counsel or representation restrictions

Reviewed category: silent

No provision on this field was extracted from the captured text.

Mass-arbitration numeric trigger

Reviewed category: provider-rules-deferral

Mass Filing. In the event of a Mass Arbitration, as that term is defined by the AAA Mass Arbitration Supplementary Rules, You agree to application of the AAA Mass Arbitration Supplementary Rules and Consumer Mass Arbitration and Mediation Fee Schedule then in effect