Terms of Service

These Terms of Service (“Terms”) govern your use of the FitFinder website, marketplace, booking services and Studio software.

FitFinder is operated by Fitfinder Limited, a company registered in Ireland under company number 788814 (“FitFinder”, “we”, “us” or “our”).

Contact:

cian@fitfinder.ie or james@fitfinder.ie

These Terms apply to:

• people who browse or use FitFinder;
• Members who make Bookings through FitFinder; and
• Studios using FitFinder’s marketplace or Studio-management software.

By creating an account, making a Booking, listing a Studio, subscribing to a Studio plan or otherwise using FitFinder, you agree to the parts of these Terms that apply to you.

Nothing in these Terms excludes or limits any right that cannot lawfully be excluded under Irish or European Union law.

FitFinder is an online marketplace and software platform that helps people discover, book and pay for fitness, wellness and related activities offered by independent Studios.

FitFinder may also provide Studios with software including:

• schedules;
• bookings;
• payments;
• waitlists;
• attendance;
• memberships;
• class packs;
• member management;
• booking widgets;
• analytics;
• marketing tools; and
• other Studio-management functionality.

Unless expressly stated otherwise, FitFinder does not provide the fitness, wellness or leisure service being booked.

The relevant Studio provides that service.

When a Member makes a Booking, the contract for the class, activity, facility, treatment or other Studio service is between the Member and the Studio.

FitFinder facilitates the discovery, Booking and payment process.

Studios using FitFinder are independent businesses.

They are not employees, agents, franchisees or representatives of FitFinder.

Each Studio is responsible for:

• the services it offers;
• its instructors and staff;
• professional qualifications;
• licences and registrations;
• insurance;
• health and safety;
• premises and equipment;
• pricing;
• availability;
• timetables;
• service descriptions;
• cancellation and no-show policies;
• applicable taxes; and
• delivering the service purchased by the Member.

FitFinder may verify certain information supplied by Studios but does not guarantee every statement made by a Studio.

You must be at least 18 years old to create a FitFinder account and enter into paid Bookings in your own name.

A person under 18 may participate in a Studio activity where:

• the Studio permits it;
• any required parent or guardian authorisation has been obtained; and
• the Studio’s age and supervision requirements are satisfied.

You must provide accurate and current information.

You are responsible for:

• keeping your login credentials secure;
• activity carried out through your account; and
• notifying FitFinder if you believe your account has been compromised.

You must not impersonate another person or create an account using another person’s details without authority.

FitFinder may rank search results using factors including:

• relevance to the Member’s search;
• activity type;
• geographic location;
• date and time;
• availability;
• filters selected by the Member;
• Studio profile completeness;
• popularity;
• Booking activity;
• ratings and review signals;
• new or featured Studio status; and
• other factors designed to improve relevance.

Where a Studio receives increased visibility because of a paid, promotional or commercial arrangement, FitFinder will aim to identify that appropriately.

FitFinder may update its ranking systems as the platform develops.

FitFinder aims to provide a reliable service but does not guarantee uninterrupted or error-free availability.

The service may temporarily be unavailable because of:

• maintenance;
• upgrades;
• security requirements;
• technical outages;
• third-party service failures;
• legal requirements; or
• circumstances outside FitFinder’s reasonable control.

Before confirming a Booking, Members will be shown relevant information including, where applicable:

• the Studio;
• class or activity;
• date and time;
• location;
• price;
• availability;
• cancellation policy;
• no-show policy; and
• material Studio-specific conditions.

Members should review this information before confirming payment.

Following successful Booking and payment, FitFinder will provide or arrange electronic confirmation.

The cancellation conditions presented when the Booking is made apply to that Booking.

A Studio cannot retrospectively impose a less favourable cancellation policy.

Studios determine the prices of their services.

All mandatory amounts payable by a Member will be disclosed before payment.

Unless clearly stated otherwise, FitFinder does not add a separate Member Booking fee.

FitFinder generally earns its fee from the Studio.

Payments are facilitated through third-party payment providers including Stripe.

FitFinder does not ordinarily receive or store complete payment-card numbers.

Payments may require additional verification or authentication.

A payment may be rejected because of:

• insufficient funds;
• fraud-prevention controls;
• bank restrictions;
• authentication failure; or
• Payment Provider requirements.

One refund policy applies to Bookings at every Studio on FitFinder. Where a Member cancels a paid Booking:

• 12 hours or more before the Booking starts — full refund;
• between 4 and 12 hours before — half of the amount paid is refunded and the Studio retains the remainder;
• less than 4 hours before — no refund.

Where the Studio or FitFinder cancels the Booking, the Member receives a full refund regardless of timing. Where a Member does not attend and does not cancel, no refund is due.

These deadlines are disclosed before the Booking is confirmed. A Studio may provide more favourable treatment at its discretion, including a discretionary full refund; a Studio may not apply terms less favourable than those set out above.

Separately, a Studio may set its own late-cancellation and no-show charges, which are governed by section 14.

Where a Member validly cancels within a refundable cancellation period, the Member will receive the refund or credit described at Booking.

Where a Studio cancels a paid Booking and no acceptable replacement is agreed, the Member receives a full refund. This applies regardless of how close to the start time the cancellation occurs.

A Member will not be required to absorb a payment-processing charge where the refund results from a Studio cancellation or another situation where applicable law requires a full refund.

Nothing in these Terms limits a mandatory statutory right to reimbursement.

Many FitFinder Bookings relate to leisure activities supplied on a specific date or during a specific period.

The ordinary 14-day cooling-off right applying to certain online contracts may therefore not apply to a dated:

• fitness class;
• Pilates class;
• personal-training session;
• court Booking;
• sauna session;
• wellness appointment; or
• other scheduled leisure activity.

Different rights may apply to memberships, subscriptions, class packs or services not tied to a specific date.

Where a statutory cancellation right applies, FitFinder and Studios will not seek to remove it.

Studios may offer:

• memberships;
• subscriptions;
• class packs;
• passes;
• credits; and
• recurring services.

Material terms will be presented before purchase, including where relevant:

• price;
• duration;
• included services;
• expiry;
• cancellation;
• renewal;
• minimum commitment; and
• recurring payment arrangements.

Recurring payments require appropriate Member authorisation.

Where a Studio imposes a late-cancellation or no-show charge, the amount or method of calculation must be disclosed before Booking.

FitFinder may process such a charge where the Member agreed to the applicable policy and payment arrangement.

Hidden or retrospective penalties are not permitted.

Members retain any legal right they have to contact their bank or payment provider about an unauthorised or disputed payment.

FitFinder encourages Members to contact FitFinder or the Studio first where an issue can reasonably be resolved directly, but this does not remove any legal right to raise a dispute.

FitFinder and the Studio may provide relevant evidence when responding to a Chargeback.

Members must not knowingly:

• make a false Chargeback claim;
• falsely claim an authorised Booking was unauthorised;
• obtain both a refund and Chargeback for the same amount; or
• otherwise misuse a payment dispute process.

Fitness and wellness activities can involve physical exertion and inherent risks.

Members are responsible for deciding whether an activity is appropriate for them and should follow reasonable Studio safety instructions.

The Studio is responsible for the professional and safe delivery of its service.

FitFinder does not provide medical advice.

The Studio, and not FitFinder, is responsible for any injury, illness, death, or loss of or damage to property arising from or in connection with its classes, sessions, premises, equipment, instructors or staff. FitFinder does not own, operate, supervise or inspect any Studio premises, does not employ or engage instructors, and is not present when a service is delivered.

FitFinder is a booking and payments platform. It is not a provider of fitness, wellness, medical or therapeutic services, and does not verify the qualifications, competence or insurance of any Studio or instructor beyond the confirmations a Studio gives when listing.

Each Studio must hold and maintain, at its own cost, public liability insurance and any professional indemnity or treatment insurance appropriate to the services it offers, at a level that is adequate for those services and consistent with normal practice in its sector. A Studio must provide evidence of that cover on reasonable request.

A Studio indemnifies FitFinder against any claim, demand, loss, damage, cost or expense (including reasonable legal costs) brought by a Member or any third party and arising from or in connection with the Studio’s services, premises, equipment, staff or instructors, except to the extent the claim arises from FitFinder’s own negligence or breach of these Terms.

Nothing in these Terms excludes any legal duty of care that cannot lawfully be excluded, including liability for death or personal injury caused by negligence where that liability cannot lawfully be limited. Nothing in this section affects a Member’s statutory rights.

Members may submit ratings, reviews and other content.

Reviews should reflect a genuine experience.

Content must not be:

• knowingly false;
• defamatory;
• threatening;
• discriminatory;
• harassing;
• fraudulent;
• unlawful;
• an infringement of privacy or intellectual property; or
• otherwise abusive.

Members retain ownership of content they create.

By publishing content through FitFinder, Members give FitFinder a non-exclusive, royalty-free licence to display, host and reasonably adapt that content for the operation and promotion of FitFinder.

FitFinder may remove content where reasonably necessary.

FitFinder may restrict or suspend an account where reasonably necessary because of:

• fraud;
• payment abuse;
• Chargeback abuse;
• harassment;
• unlawful conduct;
• threats;
• security concerns; or
• serious or repeated breaches of these Terms.

Immediate action may be taken where reasonably necessary to protect Members, Studios or FitFinder.

A Studio confirms that it is a legitimate business or professional service provider authorised to provide its advertised services.

FitFinder may request reasonable verification information.

Studios must ensure that their account and business information remains accurate.

Each Studio is responsible for:

• lawfully providing its services;
• accurate prices;
• accurate availability;
• accurate service descriptions;
• qualified instructors and staff;
• required licences;
• public liability insurance, and professional indemnity or treatment insurance where relevant to its services;
• safe facilities and equipment;
• the safety of Members at its premises and during its sessions;
• compliance with consumer law;
• tax and VAT obligations;
• clear cancellation terms;
• lawful use of Member information; and
• delivering Bookings.

Depending on the Studio plan, FitFinder may provide:

• marketplace listings;
• marketplace discovery;
• Booking functionality;
• payment facilitation;
• Stripe Connect;
• scheduling;
• member management;
• attendance;
• waitlists;
• memberships;
• class packs;
• analytics;
• booking widgets;
• multi-location tools; and
• marketing functionality.

Features may vary between plans.

FitFinder may charge a percentage commission on eligible Bookings.

The applicable percentage is the amount agreed with the Studio through:

• its Studio plan;
• Pricing Page;
• order form;
• dashboard; or
• another agreed commercial arrangement.

Where a Studio’s current agreed marketplace commission is 10%, FitFinder receives 10% of the relevant Booking amount and the Studio is entitled to the remaining Studio Share, subject to applicable adjustments.

Payment processing. Where FitFinder charges commission on a Booking, FitFinder bears the payment-processing cost of that Booking and it is not deducted from the Studio Share. Where no FitFinder commission applies to a Booking — including Bookings a Studio sources independently through its own widget, link or existing Members — the payment-processing cost is deducted from the Studio Share. Commission and a payment-processing deduction are never applied to the same Booking.

FitFinder will not retrospectively increase commission on a completed Booking.

Certain plans may distinguish between:

• Members introduced through FitFinder; and
• Members sourced independently by the Studio.

Where different commission arrangements apply, FitFinder will use reasonable and consistently applied attribution rules.

FitFinder will not deliberately reclassify a Studio-sourced Member purely to create additional commission.

Studios must not deliberately manipulate Member attribution to avoid a valid FitFinder introduction fee or commission.

FitFinder may offer monthly or annual paid Studio plans.

A Studio will only be charged for a recurring subscription where it has authorised that subscription.

Unless expressly stated otherwise:

• cancelling stops future renewal;
• access continues until the end of the paid billing period; and
• prepaid subscription fees are not automatically refunded for unused time.

This does not affect rights that cannot legally be excluded.

FitFinder will ordinarily provide at least 15 days’ notice before a material change to these Studio Terms takes effect.

A longer period may be provided where Studios reasonably need additional time to make technical or commercial adjustments.

The normal notice period may not apply where an immediate change is required because of:

• law;
• regulation;
• fraud;
• cybersecurity;
• security threats; or
• another urgent requirement.

Material commercial changes will not ordinarily operate retrospectively.

FitFinder uses third-party Payment Providers including Stripe and Stripe Connect.

Studios may need to:

• establish or connect a Stripe account;
• complete identity verification;
• provide business information;
• provide bank details; and
• agree to Stripe’s applicable terms.

Stripe may independently delay, restrict or refuse payment processing under its own rules or legal obligations.

Third-party payment-processing fees may apply.

Such amounts may be deducted from transaction proceeds according to the applicable Payment Provider arrangement.

Payment-provider fees are separate from FitFinder’s commission unless expressly stated otherwise.

FitFinder will aim to facilitate Studio payouts according to the payout schedule shown through the platform.

Payout timing may be affected by:

• Stripe processing;
• banks;
• weekends;
• public holidays;
• refunds;
• Chargebacks;
• account verification;
• reserves;
• risk reviews; and
• regulatory requirements.

Where a Member is entitled to a refund because of:

• Studio cancellation;
• Studio error;
• failure to provide a Booking; or
• another Studio-controlled reason,

the Studio bears its corresponding Studio Share of the refunded amount.

FitFinder will ordinarily reverse or lose its related commission.

Where FitFinder caused the issue requiring the refund, FitFinder will bear the relevant loss.

FitFinder’s objective is to allocate Chargeback losses fairly between FitFinder and the Studio.

General Rule

Where a Booking payment is ultimately reversed and FitFinder did not cause the underlying issue:

• the Studio bears the Studio Share of the disputed Booking;
• FitFinder loses or reverses its Commission attributable to the disputed Booking; and
• FitFinder bears any Payment Provider dispute charge that FitFinder is legally or contractually prohibited from passing to the Studio.

Example

For a €100 Booking where:

FitFinder Commission

€10

Studio Share

€90

If the entire Booking is ultimately charged back:

Studio ordinary loss

€90

FitFinder ordinary loss

€10 plus applicable FitFinder-side dispute costs

The Studio will not ordinarily be required to reimburse FitFinder’s €10 Commission.

The Studio ordinarily bears its Studio Share where the dispute resulted from matters within its reasonable control, including where:

• the class was not provided;
• a valid Booking was not honoured;
• the Studio cancelled without making an appropriate refund;
• a valid refund was refused;
• the service was materially misrepresented;
• applicable cancellation terms were not respected; or
• another Studio act or omission gave the Member a legitimate reason to dispute the transaction.

Where a Chargeback was caused primarily by FitFinder, the Studio will not bear the loss.

Examples may include:

• duplicate charging caused by FitFinder;
• FitFinder charging the wrong amount;
• FitFinder processing a payment that should not have been taken;
• a FitFinder technical error causing an invalid transaction; or
• failure to process an agreed refund solely because of a FitFinder system error.

FitFinder will bear the relevant loss.

FitFinder does not provide Studios with insurance against fraudulent, stolen-card or unauthorised transactions.

FitFinder may use Payment Provider fraud-prevention and authentication tools.

Where a fraudulent or unauthorised payment is disputed, FitFinder may challenge the dispute where reasonable evidence is available.

If the dispute is successfully defended, the Studio retains or receives its Studio Share.

If the dispute is ultimately lost and FitFinder did not cause the transaction:

• the Studio bears its Studio Share;
• FitFinder loses its Commission; and
• FitFinder bears applicable dispute costs that it cannot validly pass to the Studio.

Studios must reasonably assist FitFinder in defending disputes.

Evidence may include:

• Booking details;
• attendance;
• check-in records;
• Member communications;
• class schedules;
• cancellation records; and
• evidence that the service was provided.

Studios should provide requested evidence promptly and within any reasonable deadline communicated by FitFinder.

Where a dispute is successfully defended:

• amounts withheld from the Studio will be released;
• relevant deductions will be credited back; and
• FitFinder may reinstate its Commission.

FitFinder will not retain recovered Studio funds as additional revenue.

Where a Studio is responsible for an amount and has already received its payout, FitFinder may recover that amount from:

• available Studio balances;
• future payouts;
• future Booking income; or
• another amount owed by FitFinder to the Studio.

FitFinder will not knowingly recover more than the Studio’s allocated loss.

Where only part of a Booking is disputed, responsibility is calculated proportionately.

For example, on a €100 Booking with 10% FitFinder Commission, if €40 is successfully disputed:

Studio ordinary loss

€36

FitFinder ordinary loss

€4 plus applicable FitFinder-side dispute costs

Refunds, Chargebacks and reversals may result in a negative Studio balance.

FitFinder may:

• offset that balance against future earnings;
• temporarily delay payouts; or
• request repayment.

FitFinder will aim to use proportionate measures.

FitFinder does not intend to unnecessarily hold Studio funds.

However, FitFinder may introduce a temporary reserve or delayed payout where reasonably necessary because of:

• unusually high Chargebacks;
• unusually high refunds;
• suspected fraud;
• substantial unusual transaction growth;
• repeated negative balances;
• inability to fulfil upcoming Bookings;
• repeated serious complaints; or
• Payment Provider requirements.

Any restriction should be proportionate to the identified risk.

Neither FitFinder nor a Studio may recover more than its actual loss relating to the same Booking.

If money is subsequently recovered after an amount has already been deducted, the necessary adjustment will be made.

FitFinder does not intend to profit from Chargebacks.

FitFinder will not impose an arbitrary additional fine merely because a Chargeback occurred.

This does not prevent FitFinder from recovering an amount properly owed under these Terms.

Studios may receive Member data required to provide their services.

Studios must use that information lawfully.

FitFinder and a Studio may each act as independent data controllers for the purposes they independently determine.

Where FitFinder processes personal data solely on a Studio’s instructions, FitFinder may act as the Studio’s data processor and the applicable Data Processing Addendum will apply.

Member contact information obtained through FitFinder must not be used for unlawful unsolicited marketing.

Each Studio is responsible for establishing an appropriate legal basis for its own direct marketing.

Studios retain ownership of their:

• trademarks;
• logos;
• photographs;
• descriptions;
• branding; and
• original content.

Studios grant FitFinder a non-exclusive, royalty-free licence to display and reasonably adapt Studio content for the purpose of:

• listing the Studio;
• operating FitFinder;
• marketing available Studio services; and
• promoting the FitFinder marketplace.

FitFinder and its licensors own the FitFinder platform, software, code, design, trademarks and associated intellectual property.

Use of FitFinder does not transfer ownership of FitFinder intellectual property to a Member or Studio.

Studios must not:

• create fake Bookings;
• create or encourage fake reviews;
• manipulate rankings;
• submit false attendance records;
• process fraudulent transactions;
• misuse Member data;
• interfere with platform security;
• deliberately misrepresent prices or services;
• infringe intellectual property; or
• use FitFinder unlawfully.

FitFinder may restrict or suspend Studio functionality where reasonably necessary because of:

• serious breach of these Terms;
• fraud;
• payment risk;
• unlawful conduct;
• misleading listings;
• Member safety;
• cybersecurity;
• repeated serious complaints; or
• failure to provide required verification.

Where reasonably possible, FitFinder will provide the Studio with an explanation.

Where FitFinder terminates an entire Studio relationship, FitFinder will ordinarily provide at least 30 days’ notice and a statement of reasons.

Immediate or shorter termination may occur where necessary because of:

• legal requirements;
• fraud;
• serious safety issues;
• serious cybersecurity risks;
• repeated material breaches; or
• other serious misconduct.

Outstanding amounts remain payable after termination.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

This includes mandatory rights relating to:

• consumer protection;
• fraud;
• fraudulent misrepresentation; and
• death or personal injury where liability cannot legally be excluded.

FitFinder is responsible for reasonably foreseeable loss caused by FitFinder’s own breach of these Terms or failure to use reasonable care and skill.

FitFinder is not ordinarily responsible for loss caused by an independent Studio’s acts or omissions.

This section applies to business users.

Subject to liabilities that cannot lawfully be limited, FitFinder’s aggregate liability to a Studio arising from its use of FitFinder will not exceed the FitFinder subscription fees and commissions paid or payable by that Studio during the 12 months immediately preceding the event giving rise to the claim.

This limitation does not allow FitFinder to retain Studio funds that are properly payable to the Studio.

A Studio is responsible for losses arising from its:

• negligence;
• unlawful conduct;
• breach of consumer law;
• infringement of third-party rights;
• fraudulent behaviour;
• services; or
• material breach of these Terms,

to the extent those losses were caused by the Studio.

FitFinder remains responsible for its own acts and omissions.

Neither FitFinder nor a Studio will be liable for failure caused by circumstances genuinely outside its reasonable control.

This does not remove mandatory consumer rights or payment obligations already due.

FitFinder processes personal data in accordance with the FitFinder Privacy Policy.

Studios may separately process Member information under their own privacy policies.

FitFinder may update these Terms where reasonably necessary.

Material changes affecting Members will apply prospectively.

Material Studio changes will be subject to the Studio notice provisions above.

A change will not ordinarily retrospectively alter a Booking already made.

If any part of these Terms is found to be unlawful or unenforceable, the remaining provisions continue to apply.

These Terms are governed by Irish law.

Nothing in these Terms removes mandatory consumer protections available to a consumer in another jurisdiction where applicable law provides those protections.

Questions regarding FitFinder or these Terms may be sent to:

cian@fitfinder.ie or james@fitfinder.ie

Fitfinder Limited
Registered in Ireland
Company No. 788814