1. Introduction

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These Terms & Conditions (“Terms”) state PITCH PLC (“Pitch”) applies to all Pitch users, including unregistered visitors, registered users, and premium users (collectively, “Users”). It also applies to your rights and obligations and governs your access to and use of any Pitch services, including our website (including www.pitchapp.gr and any of its subdomains, the “Site”), mobile application or any fitness, recreational, wellness, or other classes, experiences, activities, events, recordings, and/or products made available through Pitch (collectively, “Classes”). Please read these Terms carefully before accessing and using the Site or Classes. Accessing the Pitch platform (hereinafter called the “Platform”) implies that you have accepted the Terms and Conditions of Use shown here, regarding the Platform, and that you shall comply with them. By registering as a User on the Website or in the App, you agree to these Terms and Conditions (the Terms) at the same time. Read the Terms properly as they regulate the relationship between you and Pitch. 

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A Member refers to a paying user of the App. A User refers to Members, as well as users of the Website and the App that have not yet paid for a membership. Each User has an Account that is used to log in to the App. Each User chooses one of our Partners who provides the Class of their wish. Each Partner (collectively “Partner”) is competent to provide the agreed Classes to the members. Make sure you adhere to the house rules of your chosen Partner (collectively, “Partner”) Do you want to know which house rules apply to a particular Partner? Ask the Partner for a copy of the house rules. If you are violating the house rules or making unauthorized use of our website or App, or if we suspect fraud regarding your Account, we reserve the right to block your Account and the Partner reserves the right to deny you access to the Workout.

 

Please upload a clear photo of yourself in your Account. This way, the Partner can check whether you are the one who has registered for a particular Workout. We will of course handle your personal data with great care. We process your personal data according to the General Data Regulation (GDPR). Pitch maintains the right to modify, at any given time, the Terms and Conditions of Use, and has the obligation to notify the users of such modification upon their access to the Platform. Finally, we want you to know that we take complaints very seriously. Do you have a complaint? If so, we would like to hear from you as soon as possible by filling out our request form.

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2. What we do

 

Pitch offers a service (“Service”) where Members through the App can book group or solo training classes and check in for solo training at gyms, studios, and training facilities that Pitch collaborates with (Pitch Partners).

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When visiting Pitch partners, the Member must check in for classes or solo training using the App and the partner's QR code. Once the code has been scanned the Member's entry ticket will appear in the App, which should then be presented to the staff.

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The Pitch membership is personal and the Member is not entitled to transfer rights or obligations under the Terms to a third party. Nor is the Member allowed to let in a third party into a Pitch Partner’s facilities. The penalty for breaching could cost EURO 300. In repetitive events, the Member will be banned from the Service.

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3. Membership and payments

 

Firstly, anyone can download the app for free. Then Pitch app allows you to create one consumer profile that enables you to perform aggregated searches, and then schedule and pay for services including online training and other services offered by participating businesses and independent practitioners who subscribe to our online business management software.

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To book a class or work out at any of the Pitch partners, the User must first become a member. Payments are made by card or through Apple Pay, Google Pay, and Revolut Pay. The membership is available to be purchased only in Greece where the member can use the membership and where the Pitch Partners are located. The Member can use their Pitch membership in every city in Greece where Pitch provides their services. These workouts include visits to studios within the member’s own membership tier.

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A flex membership (rolling membership) is per month and continues until the Member chooses to cancel it. The monthly cost is deducted on the last day of the current payment period.

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For a compact membership (fixed term membership), monthly costs are deducted the same way, but can only be canceled after the number of months the Member signed up for. If the Member has a compact membership, then the Member must ensure that a payment method is working throughout the entire term. If a payment fails and the membership is a compact membership, an invoice will be sent to the Member. If the payment is not made, the case may be sent to debt collection.

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4. Supply

 

The range of Partners and Workouts that you can use with the Membership may change from time to time. This also applies to the available times and the number of places that are available for Members.

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Each Pitch partner chooses the classes they want to make available to Pitch. Classes are not constant and may vary over time and without notice. Pitch cannot guarantee access to a specific studio or certain classes. The Membership cannot be canceled prematurely because the range of classes has changed or a studio has disappeared.

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The Membership entitles you to participate in Workouts from Partners within Greece.

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5. Booking Activities

 

Pitch Membership gives Members the opportunity to participate in Workouts with various Partners. We may impose a maximum on:

a.    The daily number of workouts in which the member can participate,

b.    The monthly number of workouts in which the member can participate,

c.     The number of workouts per month in which a member can participate in the same Partner. This refers to the total number of Workouts in the same Partner and not the type of Workouts

d.    The maximum number of Bookings that a member can reserve in his/her account.

For some workouts, it would be necessary for the member to book in advance in order to get access to the Workout. The Member can make a Booking for a Workout through the App. 

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If the member reaches the maximum number of Bookings in the member’s account, the Member will only be able to book another Workout if you participate in the booked Workout (which means that a Booking will expire or by canceling another Booking).

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If a Partner has multiple branches, we will not look at the Partner's branches collectively when assessing whether you are using the same Partner. It is not the umbrella company but the individual location that is decisive. The Member is not able to use the same Partner more than once a day. However, the Member uses different branches of the same or different Partner more than once a day.

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6. Cancel membership

 

The Members are able to cancel their membership, whenever they want, without refund in the case they have prepaid the whole selected membership. 

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7. Right of withdrawal

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According to Greek law, the Member has the right of withdrawal for 14 days when purchasing goods and services remotely. In order to exercise the right of withdrawal, the Member cannot have used the membership for working out. The right of withdrawal is valid from the date of purchase. If the Member regrets the purchase, the Member should contact Pitch by email at info@pitchapp.gr within the specified time.

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If the Member has purchased the membership via a third party, special conditions apply. Then the Member has to contact the third party.

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The right of withdrawal does not apply to the purchase of individual classes at a specific time.

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8. Limitations

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To see the specific limits, please review the different studios and/or different memberships in the Pitch app.

There is a general limit of 8 times per month that the Member can visit a specific studio. For some studios, exceptions apply with either 2 or 4 visits per month depending on the Partner.

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Once the Member has reached their visit limit for a studio any given month, the Member can choose to purchase additional visits. There is no limit on the number of purchased visits the Member can buy, except for a minority of Studios where purchasing additional visits is not possible once the Member reaches the monthly visit limit.

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The visit limit per studio includes both solo training and class bookings. The visit limit for studio access resets on the first day of each month, providing members with a fresh allocation of visits for that month

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The Member can have a maximum number of simultaneous bookings at the same time depending on membership type.

The User can only be logged in to one device at a time. The User may log in 5 times over a period of 365 days. Any further login attempts will be blocked.

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9. Cancellation of classes

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Cancellations can generally be made up to 3, 6, or 12 hours before a class starts without action, or else it will count as a late cancellation. Exceptions are stated in the class description. If the Member makes a late cancellation, the Member gets 1 penalty point. Late cancellations can be made up until 10 minutes prior to a class starts. 

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Check-ins can generally be made up until 15 minutes prior to a class starts before they are counted as a late check-in. Exceptions are stated in the class description. Exceptions are stated in the class description. A penalty point is given for 3 late check-ins made within 30 days. For a check-in to be valid, the Member is required to participate in the class. A check-in without participation is counted as a no-show.​

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If the Member doesn't attend a booked class or a no-show, the Member will immediately get 3 penalty points. If the Member gets 3 penalty points, the Member will be blocked from booking new classes for 5 days. While blocked, the Member can still attend already booked classes and work out at gyms and other solo training activities. The Member can choose to wait for the block to expire or get unblocked instantly for a fee. The Member automatically gets rid of the penalty points every 30 days, calculated from the first penalty point given.

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In general:

• 1 late cancellation gives a penalty point

• 3 late check-ins give a penalty point 

• 5 penalty points blocks you from booking for 5 days

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If any late check-ins, late cancellations, or no-shows are made when blocked, the block will be extended by:

• 1 day for late check-in

• 2 days for late cancellation

• 5 days for no-show

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The number of days the Member is blocked affects the price of unblocking. When the block has been extended within 5 days, the price increases by the corresponding amount it costs to unblock.

 

It is not possible to pause the membership when blocked. If a block period spans an already scheduled pause, the remaining days of the block will continue after the pause.

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Studios might have their own cancellation policy, in addition to Pitch’s own rules. This means that you can be blocked from booking classes for a certain number of days in their own system. Studios that this applies to have this information stated in their studio description.

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10. Copyright

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Pitch maintains its rights over the trademark, app and website design, and content including all its components (texts, images, trademarks, logos, software, databases) which are protected by the legislation on copyright.

 

Any other use outside the scope of the Terms and Conditions shown herein is prohibited; it is also prohibited to modify, reproduce, transmit, cut, reuse, save, distribute, or represent the Platform and/or its components and/or the information and data included in it, in whole or in part, either directly or indirectly, within any context, through any means or under any form; such action, as previously described, may result in a breach of the legal provisions currently applying, in case it is not previously approved in writing by Pitch or in case it clearly exceeds the regular conditions of use.

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11. Liability

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Access Pitch App maintains all efforts in order to provide you with access to the app 24 hours a day, 7 days a week, with the exception of force majeure or any incident, which is out of its control, and with the reservation of potential malfunctions as well as the necessary maintenance ensuring the smooth operation of the app. Thus, Pitch maintains the right to interrupt access and/or the use of the app or any service package, at any time, without prior notice and without being held liable before the users, especially on grounds of security or in order to ensure the efficient operation of the app. You shall be notified accordingly, through the app, at all times when access and/or use is restricted, whereas the effect of such restriction may be immediate and you shall then be notified of its duration.

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Additionally, Pitch makes every effort so that the information shared through the app is adequate and updated. Pitch maintains the right to adjust or modify the app and the information included in it, at any time and without notification.

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Pitch cannot be held accountable neither for any information you entered into the app nor for any loss of data or information that results from delays, unprocessed orders, or orders that are not delivered to their recipient, due to incidents that are out of its control or which are the result of the behavior of a third party or the result of any fault committed by you. To the extent allowed by the law, Pitch is not liable for any kind of direct or indirect loss resulting in any way from the use or the efficiency level of the app. Therefore, you hereby agree to exempt Pitch from any liability and to not file any motion against Pitch regarding any claims on behalf of a third party, resulting from the use of Pitch services or the Pitch app as well as in relation to any loss (direct, indirect), costs, motions filed, litigations, claims, damages, expenses (including legal expenses) and any other liability which may incur to you as a result of breaching or ignoring the content of this document of Terms and Conditions.

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Pitch cannot be held accountable in any of the following cases (including but not limited to):

1. Use of the app in a way that breaches the Terms and Conditions of Use,

2. Internet operation-related issues and any risk related to its use (viruses, hacking, etc),

3. In the case of a fraud or similar offense, even if it is the result of the action/non-action of a third party requiring the account to be terminated/suspended (for example, in case more than one person access simultaneously the account, etc),

4. The Pitch security system is overridden,

5. The equipment you use to access the Platform is inadequate or incompatible with it,

6. Services provided by a third party.

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Pitch and its Partners shall not be deemed liable for any damage caused as a result of a security breach to your account, including but not limited to the following cases: (i) the Username and/or Client password have been compromised and/or non-authorized persons have access to them, (ii) the devices (computers) you use have been infected by viruses or other malware or any other person has access to them, (iii) the security of the email account connected to your account has somehow been compromised.

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12. Confidentiality

 

Pitch shall maintain confidential all information provided through the app and is bound to disclose any information of this agreement only upon written authorization of the Client.

 

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13. Waiver and release

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You understand that Pitch is not a gym, health club, or similar establishment and the Classes provided are operated and delivered by the applicable venue or personal trainer and not by Pitch. Pitch is not responsible for the quality of any class provided by a venue or any third party (including but not limited to the facility or instructor). You are solely responsible for determining whether the class or recommendations available on or through the site and/or Classes are right for you.

You understand that there are certain inherent risks and dangers in exercising and that the Classes you may attend or participate in offer a range of activity and intensity levels. By using the Pitch App (including but not limited to attending, participating in, or using a class), you acknowledge and agree that you are aware of these risks which include, but are not limited to, property damage, illness, loss, or body injury. You acknowledge that some of these risks cannot be eliminated, and you specifically assume the risk of injury or harm.

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You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using the Pitch App (including but not limited to attending, participating in, or using a class) and to determine if and how participating is appropriate for you. Do not use any Classes if your physician or health care Partner advises against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising, you should stop immediately.

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You also understand and agree that the app offers fitness and related information that is designed for informational, educational, and entertainment purposes only. Nothing stated or posted on or otherwise available through any aspect of the site and/or a class is intended to be, and must not be taken to be, the practice of medical professional or counseling care. You should not rely on any information on or through the site and/or a class as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or fitness level, you should always consult a physician or other healthcare professional. Do not ever disregard, avoid, or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read or heard on or through the site and/or a class. The use of any of the content, recommendations, and information provided on or through Pitch is solely at your own risk.

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Therefore, to the fullest extent permitted by law, you release, Pitch and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and partners, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of the site and/or attendance at, participation in, purchase of and/or use of any class) including but not limited to with respect to bodily injury, physical harm, loss, illness, or property damage.

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Release

You hereby release Pitch and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries and property damage, that is either directly or indirectly related to or arises from your use of the Pitch App, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Pitch App.

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14. Venue waivers

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Members taking Classes are deemed to agree to the liability waivers and terms of individual venues. Your participation in any Classes may be subject to additional policies, rules, or conditions of the applicable venue and you understand and agree that you may not be permitted to reserve or attend Classes or services if you do not comply with these Terms or the policies of the venues or as otherwise determined by a venue. If you have questions about a venue’s waiver or other terms, please see the applicable venue’s website or contact the venue directly.

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15. Indemnification

 

You agree to release, indemnify, defend, and hold harmless Pitch and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service Partners (collectively, the “Pitch Parties”) from and against any and all third-party claims asserted against any of them, and all related costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to:

1. Any actual or alleged breach by you of this Agreement,

2. your access to or use of the Pitch App, or,

3. any actual or alleged violation by you of the intellectual property, privacy, or other rights of a third party.

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This provision does not require you to indemnify any of the Pitch Parties to the extent that a claim arises from any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Pitch App. Pitch reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pitch in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.

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16. Applicable law

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All data processed within the app shall be saved under proper security conditions and they shall be considered as proof of your communication and actions within the Platform, as well as for any other issue, that may arise between Pitch and the Client.

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By accepting the Terms and Conditions, upon entering the app, you agree with the content as well as with the collaboration agreement signed by the two parties. Every time the Terms and Conditions are modified, you shall be notified; the use of the app, following such notification, implies you accept such modification. In case you no longer agree with the aforementioned Terms and Conditions, you shall not have the possibility to use the Services provided by Pitch.

The Greek law the Contract (including any non-contractual matters).

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Disputes can be submitted to the jurisdiction of the Greek Courts but before courts, the parties agree to try Mediation or ODR as it is referred to below. If Mediation fails, then the Greek courts are a component of solving the raised dispute.

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17. Privacy

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Your privacy is important for us. The Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Pitch’s collection, use, and disclosure of your personal information.

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19. Customer complaints procedure

 

Our app and its services are usually provided 24/7, every day of the week. However, Pitch does not warrant that the app is free from errors or interruptions. In case of any failure, Pitch shall always be given the opportunity to correct the error. Pitch is allowed to close the Service for maintenance for a reasonable amount of time.

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A User who wishes to claim errors of the Service shall notify Pitch within a reasonable time by emailing info@pitchapp.gr

In case you disagree with our handling of your complaint, you have the option to file a complaint via the European Online Dispute Resolution platform, which you can access here.