Introduction
Welcome to FitFund, a community-driven platform dedicated to promoting health and generosity through exercise-based fundraising. FitFund is an acquired trade name that operates under the businesses of Benchmark Athletics—a good standing California limited liability company since 2013. By accessing and using the services provided by FitFund, you agree to comply with and be bound by the following Terms of Service (ToS). Please read these terms carefully, as they outline your legal rights and obligations.

By using FitFund, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.

To access certain features of the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

FitFund is a community of Athletes, Donors, Campaign Organizers, Beneficiary Representatives, and Guests. To participate in FitFund’s fundraising campaigns, the Athletes, Campaign Organizers and Beneficiary Representatives must register and create a profile. Users under the age of 18 are restricted from using FitFund’s GPS tracking system, any public or private messages (that are not automated) and must have approval from an adult Guardian before using. FitFund champions inclusivity and prohibits discrimination of any kind within its community.

• Athletes must agree to these Terms of Service and can participate in campaigns as they solicit sponsorship through per/mile pledges or flat rate donations.
• Sponsors and Donors must agree to these Terms of Service and set up an online payment option before donating. Donations can be made on a flat-rate basis or based on the distance an athlete travels.
• Campaign Organizers are responsible for creating campaigns, including selecting Beneficiaries and detailing the fundraising goals.
• Beneficiary Representatives must enter a contractual agreement with FitFund in order to receive campaign funds (donations) and are required to show proof of proper use of expenditures after FitFund has made the donation to the Beneficiary. Failure to show proof of the original intentions of the campaign funds (as stated on the Beneficiary Application) three months following FitFund’s deposit, may result in a suspension or termination of the user account and/or the beneficiary.
• Your participation is voluntary and you can withdraw at any time.

Donations are processed as either a Manual Per/Mile Pledge, an Automatic Per/Mile Pledge, or as a Flat Rate donation.

Following the campaign-end date, Users who make a Manual Per/Mile Pledge will be issued a “Donation Suggestion” notification which is a suggested amount of money to donate based on the dollar amount the User pledged multiplied by the total distance traveled by their sponsored athlete during the campaign. For example, if a Sponsor pledged $5/mile for their athlete, and their athlete moved a distance of 5 miles in the campaign, FitFund will calculate and send a Donation Suggestion notification to the User suggesting the User donate $25 to the Beneficiary. For these Manual Per/Mile pledges, the Sponsors/Donors have the opportunity to give final approval to the suggested donation or to edit the amount of their donation to a higher or lower number regardless of their previous pledge commitments. If after 3 days following the campaign-end date, and the User has still not opened their Donation Suggestion notification and manually made the donation themselves, the User authorizes and gives permission for FitFund to automatically make the transaction in the amount outlined in their Donation Suggestion notification (not to exceed the User’s specified maximum amount).

Users who make an Automatic Per/Mile Pledge, authorize and give permission for FitFund to automatically make the transaction for them at the time of the campaign-end date (when the athletes are no longer permitted to record and log their campaign distances). The amount would be the same as outlined for a User who made a Manual Per/mile Pledge but did not manually process their transaction after the 3-day processing window. That is, the amount will be the the dollar amount of the per/mile pledge multiplied by the total distance traveled by their sponsored athlete during the campaign (not to exceed the User’s maximum).

User’s who make a flat donation (whether as to sponsor an athlete or to make a donation directly to a Beneficiary) will have those transactions made immediately.

Making a transaction to FitFund, and subsequently making a donation to a Beneficiary, assumes the Donor’s willingness to donate to the Beneficiary despite there being more information about the Beneficiary existing outside of the FitFund app.

Donors are not obligated to make any donation at any time. The Donation Suggestion is not an invoice—there is no penalty or fee for not donating. All Users and Guests who make a donation to a Beneficiary using FitFund will be issued a receipt that will be sent to the email address associated with the person who entered their credit card information.

Users understand that their donations are made at their own risk. FitFund has made an obligation and a promise to transfer a percentage of the gross campaign funds to the intended Beneficiary. However, FitFund does not guarantee the campaign funds will be used for the intended purposes as these funds will be in the hands of the Beneficiary Representatives.

FitFund has a system in place that requires their Beneficiary Representatives to show proof that the donated campaign funds were used for the intended purposes as outlined in the campaign posters and on the Beneficiary page. These “Beneficiary Stories” are designed to provide evidence and transparency to the generous donors and interested community members the proof that the campaign funds were used for what the Beneficiary Representatives had claimed before the start of the campaign. Users can see and read these Transparency Stories by “Following” their favorite Beneficiaries and reading these positive impact stories.

Beneficiary Representatives who fail to complete/upload/publish their Beneficiary Stories after 3 months following FitFund’s donation are at risk of being suspended or terminated from FitFund’s approved list of Beneficiaries.

FitFund approves their Beneficiaries based on their belief of whether the Beneficiary is for “a good and noble” cause. That said, FitFund does not willingly financially support any illegal activity as FitFund Fundraising vows to choose Beneficiaries who share their vision of making positive and healthy changes.

FitFund is aware that a Beneficiary Representative may use deception as a means to achieve Beneficiary status and in turn receive campaign funds. FitFund expects their Users/Donors/Sponsors/Athletes to understand this same risk of deception. As such, not all purchases made by Beneficiaries (with FitFund campaign funds) will necessarily represent the attitudes, opinions, morals or beliefs of FitFund Fundraising. FitFund maintains the sentiment “for good and noble causes” as we aim for full transparency and proof that campaign funds are being used for the intended purposes as advertised on our app to the entire FitFund community.

If requested prior to FitFund’s donation to the Beneficiary, Sponsors and Donors are permitted up to a full, 100% refund. To request a refund prior to FitFund’s deposit to the Beneficiary, donors need only to click the “request refund” button which will allow the user to contact FitFund through email.

FitFund will make the donation to the beneficiary 3-5 days following the Campaign End date. After FitFund has made the donation to the Beneficiary, all transactions are final and FitFund will no longer offer or accept full or partial refunds.

FitFund will take a percentage of the total raised funds from each campaign as their fee. FitFund’s fee is dependent and directly proportional to the total amount each campaign raises. The more money the campaign raises, the lower the percentage fee for FitFund.

For campaigns, that raise less than $10,000, FitFund will issue a 6% fee. For campaigns that raise between $10,000 – $20,000, FitFund will issue a 5% fee. For campaigns that raise $20,000 or more, FitFund will issue 4% fee.

For all donations made to a Beneficiary that are not within the time frame of an active campaign (upcoming, live, processing), FitFund will issue a 5% fee.

Users understand and are aware that Benchmark Athletics LLC, dba FitFund Fundraising is classified as a For-Profit LLC and as such, all donations to a standard LLC are considered gifts and are not tax-deductible.

FitFund or the Campaign Organizers are not liable for any damages or losses incurred during your participation in our campaigns.

The health and safety of our users is our first priority. We want our users to enjoy the gift of movement while exercising extreme safety. FitFund supports all city, state and government traffic, health and property laws and procedures that are designed to keep citizens safe. FitFund condemns any user who willingly disobeys the rules and parameters set forth by all lawmaking officials.

Users are expected to understand the physical and psychological risks associated with any form of physical movement and that FitFund is not responsible or liable for any injuries that may occur while using the it’s services. Users understand that the choice to move is made entirely by the user/athlete. Users understand that FitFund encourages their athletes to move much like a health professional would encourage their clients/patients to move—for physical and mental heath promoting purposes where safety is paramount. When FitFund encourages their users to move or exercise it is always with an emphasis to do it safely, by choice, and legally.

User’s understand and are aware that FitFund uses a Leaderboard and ranking system for each campaign and on All-Time Stats. This system is implemented only to encourage our Users to move/exercise for the good health of their minds and bodies. If a User does not feel safe or comfortable participating in our Leaderboard and All-Time Stats systems, where other community members and guests can see their names and where they rank, the User understands they can remove themselves from Leaderboards and All-Time Stats and personalize their privacy controls to a setting that they are more comfortable.

FitFund is committed to protecting the privacy and security of our users’ data. Your personal information will be used solely for the purposes of FitFund campaigns and will be handled in accordance with our privacy practices. FitFund does not track or save GPS mapping data for athletes under 18 years old. Alternatively, FitFund will implement their pedometer system, and manual entry options for User’s under 18. The pedometer system will still allow the athletes to demonstrate their total distances in a campaign without using GPS. Manual entry of distance is also permitted. User’s under 18 are restricted to use direct messaging and commenting with their teammates, other users, on any other public comment threads within our campaign and beneficiary pages.

User’s under 18 have other restricted features such as non-identifiable profile images. User’s 18 and older will default to the GPS tracking system, although pedometer and manual entry are also available should they choose them. GPS data and other sensitive information are handled with the utmost care, adhering to strict privacy standards.

Users are expected to contribute positively to the FitFund community. We reserve the right to moderate or remove content that violates our standards of conduct, including any form of harassment, discrimination, or inappropriate content.

You are solely responsible for any content you submit, post, or display on or through the Service. You grant FitFund Fundraising a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, publish, and distribute such content.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service.
• Impersonate or attempt to impersonate FitFund Fundraising / www.fitfundap.com a FitFund Fundraising employee, another user, or any other person or entity.

Respectful behavior towards all participants and organizers is mandatory. Any form of harassment or discrimination will result in removal from the app.

All content provided on FitFund’s platform, including but not limited to text, graphics, logos, and software, are the exclusive property of FitFund Fundraising and upholds the right to all intellectual property laws. Unauthorized use of FitFund’s trademarks, branding, or content is strictly prohibited.

FitFund reserves the right to suspend or terminate accounts that violate these Terms of Service. Users can appeal such decisions by contacting FitFund’s support team by emailing support@fitfundapp.com.

FitFund Fundraising provides its service “as is” without any express or implied warranties. We do not guarantee the continuous, uninterrupted or error-free operation of our services, and you agree that your use of FitFund’s services is at your sole risk.

To the fullest extent permitted by law, FitFund Fundraising shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service.

Any disputes arising out of or related to these Terms of Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration to occur in California. The laws of California, excluding its conflict of law rules, will govern these Terms of Service and your use of the FitFund app and with FitFund Fundraising.

FitFund reserves the right to modify these Terms of Service at any time. We will notify users of any significant changes through our platform. Your continued use of the Service after changes have been made constitutes your acceptance of the new Terms.

Our Service may contain links to third-party websites or services that are not owned or controlled by FitFund Fundraising. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

By using FitFund’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

This document is designed to ensure a transparent, fair, and enjoyable experience for our Guests and everyone in the FitFund community. Thank you for supporting our mission to foster positive change through human movement and charitable giving.