Terms of Service

GymRx LLC Service Agreement

Last Updated: December 31, 2025

1. Agreement to Terms

1.1 Website Operation and Ownership

The website www.gymrx.io ("Website" or "Site") and all associated services are operated and owned by GymRx LLC, an Idaho limited liability company with its principal place of business at 784 S Clearwater Loop STE B, Post Falls, ID 83854-9599 ("Company," "we," "our," or "us").

1.2 Binding Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you and GymRx LLC regarding your use of our Website, services, and fitness coaching programs. By accessing our Website or using our services, you agree to be bound by these Terms.

1.3 Incorporation of Other Policies

PLEASE READ THESE TERMS CAREFULLY in conjunction with our Privacy Policy (including Cookie Statement) and Medical Disclaimer (Section 4), as all of these are incorporated into and form part of these Terms. It is important that you read and understand all incorporated policies, as you will be bound by them in your arrangements with us.

1.4 Your Acceptance

By accessing our Website, registering for an account, enrolling in coaching services, or using any of our services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not access or use our Website or services.

2. Acceptance of Terms

By using our services, you represent that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into this agreement
  • You will comply with all applicable laws and regulations
  • All information you provide is accurate and truthful
  • You understand that GymRx LLC provides fitness and wellness coaching, not medical services
  • You understand that although Dr. Dave is a licensed physician, he is acting solely as a fitness coach and no doctor-patient relationship is created
  • You acknowledge your responsibility to consult with your own medical providers for all medical decisions and clearances

3. Description of Services

3.1 Paid Coaching Services

GymRx LLC provides the following paid coaching services:

  • Personalized fitness coaching and training programs
  • Nutrition guidance and meal planning
  • Health and wellness education
  • Online coaching platforms and communication tools
  • Progress tracking and accountability services
  • One-on-one or group coaching sessions

These Terms apply in full to all paid services. By enrolling in any paid service, you enter into a formal coaching relationship with GymRx LLC and agree to all provisions of these Terms.

3.2 Free Website Content

Our website (www.gymrx.io) may contain free educational content including blog posts, articles, videos, social media posts, and other informational materials ("Free Content"). Important distinctions:

  • Informational Purposes Only: All Free Content is provided for general informational and educational purposes only
  • Not Personalized Advice: Free Content is not personalized to your individual circumstances and should not be relied upon as coaching or professional advice specific to you
  • No Coaching Relationship: Accessing, reading, or using Free Content does NOT create a coaching relationship with GymRx LLC or Dr. Dave
  • Limited Liability: While we strive for accuracy, Free Content is provided "as is" without warranties of any kind
  • Medical Disclaimer Applies: All medical disclaimers in Section 4 apply equally to Free Content

Use at Your Own Risk: You assume all risk and responsibility for evaluating and using Free Content. Always consult with qualified professionals before making health, fitness, or nutrition decisions based on Free Content.

3.3 Distinction Between Free and Paid Services

The comprehensive Terms, payment obligations, refund policies, and formal coaching relationship provisions apply ONLY to paid services. Free Content users are subject to Sections 2 (Acceptance), 4 (Medical Disclaimer), 8 (Privacy), 9 (Prohibited Uses), 10 (Limitation of Liability), and 17 (Contact Information) only.

4. Medical Disclaimer and Health Warnings

⚠️ MANDATORY HEALTH AND SAFETY DISCLOSURE - READ CAREFULLY ⚠️

4.1 Not Medical Advice

THE INFORMATION AND SERVICES PROVIDED BY GYMRX LLC ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THEY ARE NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

IMPORTANT DISCLOSURE REGARDING MEDICAL CREDENTIALS:

Dr. Dave, the founder and primary coach of GymRx LLC, is a licensed physician. However, IN THE CONTEXT OF GYMRX SERVICES, DR. DAVE IS ACTING SOLELY AS A FITNESS AND WELLNESS COACH, NOT AS A PHYSICIAN.

NO DOCTOR-PATIENT RELATIONSHIP: By enrolling in GymRx services, you acknowledge and agree that:

  • No doctor-patient relationship is created between you and Dr. Dave or GymRx LLC
  • Dr. Dave is providing fitness coaching and wellness education, not medical care
  • Any guidance provided is in the capacity of a fitness professional, not medical advice
  • You should not construe any recommendations as medical advice, diagnosis, or treatment
  • You must consult with your own licensed physician or medical provider for all medical decisions, including but not limited to:
    • Medical clearance to exercise
    • Diagnosis and treatment of medical conditions
    • Prescription medications or changes to medications
    • Medical nutrition therapy for diseases or disorders
    • Evaluation of symptoms or health concerns
    • Management of chronic health conditions

SEPARATION OF ROLES: Dr. Dave's medical credentials do not convert fitness coaching into medical services. GymRx LLC operates as a fitness and wellness coaching business, not a medical practice. We do not diagnose, treat, prescribe, or provide medical care of any kind.

YOUR RESPONSIBILITY: You are responsible for establishing and maintaining a relationship with your own healthcare providers. All medical decisions must be made under the supervision and guidance of licensed medical professionals who are familiar with your complete medical history and current health status.

4.2 Mandatory Medical Clearance

YOU MUST OBTAIN CLEARANCE FROM A LICENSED PHYSICIAN BEFORE STARTING ANY FITNESS OR NUTRITION PROGRAM IF YOU:

  • Have any pre-existing medical conditions
  • Have heart disease, high blood pressure, diabetes, or metabolic disorders
  • Have musculoskeletal injuries or chronic pain
  • Are pregnant, postpartum, or breastfeeding
  • Are over age 45 (men) or 55 (women) and have been sedentary
  • Are taking any prescription medications
  • Have a history of eating disorders or disordered eating
  • Have any concerns about your ability to safely exercise

IF YOU HAVE NOT OBTAINED MEDICAL CLEARANCE AND CHOOSE TO PARTICIPATE ANYWAY, YOU DO SO AT YOUR OWN RISK AND EXPLICITLY WAIVE ANY CLAIMS AGAINST GYMRX LLC FOR INJURIES OR HEALTH COMPLICATIONS THAT RESULT.

4.3 Stop Exercise Immediately If:

You experience any of the following symptoms during exercise:

  • Chest pain, pressure, or discomfort
  • Severe shortness of breath
  • Dizziness, lightheadedness, or fainting
  • Irregular heartbeat or palpitations
  • Severe joint or muscle pain
  • Nausea or vomiting

SEEK IMMEDIATE MEDICAL ATTENTION IF YOU EXPERIENCE ANY EMERGENCY SYMPTOMS.

4.4 Nutrition Guidance Limitations

Nutritional guidance provided is general education and not medical nutrition therapy. If you have diabetes, kidney disease, food allergies, metabolic disorders, or other conditions requiring medical nutrition therapy, you must work with a Registered Dietitian or your physician.

4.5 Waiver and Release of Liability

BY USING OUR SERVICES, YOU EXPRESSLY WAIVE AND RELEASE GYMRX LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN OUR FITNESS AND NUTRITION PROGRAMS.

You specifically acknowledge and agree that you are voluntarily participating in our programs with knowledge of the potential risks, including but not limited to:

  • Physical injury, disability, or death
  • Muscle soreness, strains, sprains, or tears
  • Bone fractures or stress injuries
  • Cardiovascular events (heart attack, stroke, arrhythmias)
  • Heat-related illness or dehydration
  • Metabolic disturbances
  • Aggravation of pre-existing conditions
  • Permanent disability

YOU UNDERSTAND THAT THESE RISKS CANNOT BE ELIMINATED AND MAY OCCUR EVEN WITH PROPER FORM, SUPERVISION, AND PRECAUTIONS. YOU ASSUME FULL RESPONSIBILITY FOR ANY RISKS, INJURIES, OR DAMAGES KNOWN OR UNKNOWN, WHICH YOU MIGHT INCUR AS A RESULT OF PARTICIPATING IN OUR PROGRAMS.

EXCEPTION: This waiver does not apply to claims arising from our gross negligence, recklessness, fraud, or intentional misconduct, to the extent such waivers are prohibited by applicable state law. In states where pre-injury liability waivers are limited or prohibited (including but not limited to Virginia, Louisiana, Montana, and New Mexico), this waiver applies only to the maximum extent permitted by law.

4.6 Scope of Professional Services

GymRx LLC provides fitness coaching and nutritional guidance within the scope of fitness and wellness professionals. We do NOT provide:

  • Medical diagnosis, treatment, or prescription
  • Mental health counseling or therapy
  • Treatment for eating disorders or medical conditions
  • Dietetics services requiring state licensure (medical nutrition therapy)
  • Physical therapy or rehabilitation for injuries
  • Medical clearance or authorization to exercise
  • Interpretation of lab work or medical test results
  • Medication management or recommendations

Dr. Dave's Role: Although Dr. Dave is a licensed physician, when acting as a GymRx coach, he operates exclusively within the scope of a fitness and wellness professional, not as a medical provider. He does not use his medical license to provide medical services through GymRx LLC.

When to See Your Doctor: If you require medical diagnosis, treatment, clinical nutrition services, physical therapy, or any other healthcare services, you must seek care from appropriately licensed professionals who are acting in their professional medical capacity and have established a formal doctor-patient or therapeutic relationship with you.

4.7 No Results Guaranteed

GYMRX LLC MAKES NO GUARANTEES OR WARRANTIES REGARDING:

  • Weight loss or muscle gain results
  • Timeframes for achieving fitness goals
  • Specific health outcomes or improvements
  • Performance enhancements

Individual results vary based on factors including but not limited to: genetics, age, starting fitness level, adherence to programs, pre-existing health conditions, lifestyle factors, and individual effort. Testimonials and success stories represent individual experiences and are not typical results.

5. User Responsibilities

As a user of our services, you agree to:

  • Provide accurate health and fitness information
  • Follow safety guidelines and exercise proper form
  • Listen to your body and stop if you experience pain or discomfort
  • Maintain confidentiality of your account credentials
  • Respect other clients and maintain appropriate communication
  • Pay all fees on time as specified in your service agreement
  • Notify us of any changes in your health status

5.1 Health Screening Requirement

Before beginning any program, you must complete our health screening questionnaire (Physical Activity Readiness Questionnaire - PAR-Q or equivalent) truthfully and completely. You must update this information if your health status changes.

Failure to disclose relevant health information may result in termination of services and waives any claims related to undisclosed conditions.

5.2 Emergency Situations

If you experience a medical emergency during training or coaching sessions:

Your Responsibilities:

  • Stop all activity immediately
  • Call 911 or local emergency services right away
  • Notify your coach as soon as safely possible
  • Seek appropriate medical attention

Coach Responsibilities During Virtual Sessions:

If you experience a medical emergency during a virtual coaching session:

  • Our coach will instruct you to stop activity and call 911 immediately
  • Our coach may call 911 on your behalf if you are unable to do so and we have your location information
  • Our coach will remain on the call until emergency services arrive, if safely possible
  • Our coach will document the incident and notify management

Limitations:

GymRx LLC and its coaches are not medical professionals and cannot provide emergency medical treatment. Our emergency response is limited to activating emergency services and providing support until professional help arrives. You are responsible for:

  • Having adequate health insurance coverage
  • Maintaining current emergency contact information in your account
  • Ensuring someone knows your location during home workouts
  • Having access to a phone to call 911 during all training sessions

5.3 Insurance Recommendation

You are strongly encouraged to maintain adequate health insurance coverage before participating in our fitness programs. GymRx LLC does not provide health insurance or coverage for injuries that may occur during training.

6. Payment and Billing

6.1 Fees and Payment

All fees are due in advance unless otherwise specified in your service agreement.

Subscription Billing:

  • Subscriptions automatically renew at the end of each billing period
  • You will be charged on your billing date using your payment method on file
  • You will receive a reminder email 7 days before each renewal
  • You may cancel anytime before the renewal date to avoid future charges
  • Cancel through your account or email support@gymrx.io

Accepted Payment Methods:

  • Credit cards (Visa, Mastercard, American Express, Discover)
  • Debit cards
  • Approved payment processors (PayPal, Stripe)

Currency: All prices in United States Dollars (USD)

Failed Payments: If payment fails, we will retry up to 3 times over 15 days. You will receive email notification of failed payment. Account may be suspended until payment is resolved.

6.2 Refunds and Cancellations

Refund policies vary by service type:

Monthly Subscriptions:

  • Cancel anytime with 30 days' notice
  • No refunds for partial months
  • Cancellation effective at end of current billing cycle

Multi-Month Programs (3, 6, or 12 months):

  • 7-day money-back guarantee from purchase date
  • After 7 days, no refunds for remaining program period
  • May pause program once for up to 30 days with 14-days advance notice

One-on-One Coaching Sessions:

  • Cancellations with 24+ hours notice: full credit toward future session
  • Cancellations with less than 24 hours: no refund or credit
  • No-shows: charged full session fee

All refund requests must be submitted in writing to support@gymrx.io. Refunds processed within 5-10 business days to original payment method.

6.3 Automatic Renewal - California Compliance

IMPORTANT NOTICE FOR ALL SUBSCRIBERS (Required by California Law AB 2863):

Pre-Enrollment Disclosure:

By enrolling in any subscription service, you authorize GymRx LLC to charge your payment method automatically at the then-current rate until you cancel. The current subscription rate will be clearly displayed at checkout. You may cancel at any time using the methods below.

How to Cancel:

  • Online: Log into your account dashboard at www.gymrx.io/account and click "Cancel Subscription"
  • Email: Send cancellation request to support@gymrx.io with your account email and "CANCEL SUBSCRIPTION" in the subject line
  • Response Time: Cancellation requests will be processed within 24 hours

Renewal Reminders:

  • You will receive a reminder email 7 days before each automatic renewal
  • The reminder will include the renewal date, amount to be charged, and cancellation instructions

Cancellation Confirmation:

Upon cancellation, you will receive email confirmation within 24 hours including:

  • Confirmation number
  • Final billing date
  • Final payment amount (if any)
  • Date when access to services will end

Changes to Renewal Terms:

We will provide 30 days' advance notice before any price increase or material change to renewal terms. You may cancel before the change takes effect to avoid the new terms. Continued use after the notice period constitutes acceptance of the changes.

Your Acknowledgment:

By completing enrollment, you acknowledge that:

  • You authorize automatic recurring charges
  • You understand the subscription will continue until you cancel
  • You have been informed of the cancellation methods above
  • You may cancel at any time to stop future charges

7. Intellectual Property

All content, materials, and intellectual property provided through our services remain the exclusive property of GymRx LLC, including but not limited to:

  • Training programs and workout routines
  • Nutrition plans and meal guides
  • Educational materials and resources
  • Software, applications, and digital platforms
  • Logos, trademarks, and branding materials

You may not reproduce, distribute, or commercialize any of our proprietary content without explicit written permission.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. The following provides a summary of our data practices. For complete details, please review our full Privacy Policy.

8.1 Information We Collect

We collect and process the following types of information:

  • Account Information: Name, email address, phone number, date of birth, billing address
  • Health Data: Medical history, current medications, fitness assessments, body measurements, progress photos, dietary restrictions, injuries
  • Payment Information: Credit card details (processed securely by third-party payment processors - we do not store complete card numbers)
  • Usage Data: Login times, pages viewed, features used, communication with coaches
  • Communications: Emails, messages, chat logs with coaches, feedback and testimonials
  • Technical Data: IP address, browser type, device information, cookies

8.2 How We Use Your Information

We use your data to:

  • Provide personalized coaching and fitness services
  • Process payments and manage your account
  • Communicate with you about your program, renewals, and updates
  • Track your progress and adjust programming
  • Improve our services and develop new features
  • Comply with legal obligations (tax records, business licensing)
  • Prevent fraud and ensure platform security

8.3 Information Sharing and Third Parties

We share your information with:

  • Payment Processors: Stripe, PayPal, or other payment gateways (for billing)
  • Coaching Platforms: Systeme.io (for program delivery, client management, and course hosting)
  • Cloud Storage: AWS, Google Cloud, or similar (for data hosting)
  • Email Services: Systeme.io and Titan (for communications and email delivery)
  • Analytics Providers: Google Analytics (for website improvement)

We do NOT sell your personal information to third parties for their marketing purposes.

8.4 Data Security

We protect your information using industry-standard security measures:

  • AES-256 encryption for data at rest
  • TLS 1.3 encryption for data in transit
  • Access controls limiting staff access to need-to-know basis
  • Regular security audits and vulnerability assessments
  • Secure password requirements and two-factor authentication options

8.5 Your Privacy Rights

You have the following rights regarding your personal information:

  • Right to Access: Request a copy of all personal data we have about you
  • Right to Correct: Request correction of inaccurate or incomplete data
  • Right to Delete: Request deletion of your data (subject to legal retention requirements)
  • Right to Export: Receive your data in a portable, machine-readable format
  • Right to Opt-Out: Unsubscribe from marketing emails (coaching communications may continue)
  • Right to Restrict Processing: Limit how we use certain data

To exercise these rights, email support@gymrx.io with "Privacy Request" in the subject line. We will respond within 30 days.

8.6 California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have additional rights under the California Consumer Privacy Act:

  • Right to Know: Request details about categories of personal information collected, sources, purposes, and third parties we share with
  • Right to Delete: Request deletion of personal information (with exceptions for legal compliance)
  • Right to Opt-Out of Sale/Sharing: We do not sell personal information. If this changes, we will provide an opt-out mechanism
  • Right to Limit Use of Sensitive Personal Information: Health data is sensitive. We use it only for providing coaching services
  • Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights
  • Authorized Agent: You may designate an authorized agent to make requests on your behalf

California residents: Submit privacy requests to support@gymrx.io with "California Privacy Request" in the subject line.

8.7 Health Information Consent

Explicit Consent for Health Data: By using our services, you explicitly consent to our collection and processing of health information necessary to provide coaching services. This includes medical history, fitness assessments, body measurements, progress photos, and dietary information. You may decline to provide optional health information, though this may limit our ability to personalize your program.

8.8 Data Retention

We retain your information for the following periods:

  • Account Data: Until account deletion, plus 90 days for backup systems
  • Health Screening Data: 7 years (Idaho medical records requirement)
  • Payment Records: 7 years (IRS tax compliance requirement)
  • Marketing Preferences: Until you opt out or account deletion
  • Progress Photos: Until you request deletion (deleted within 30 days of request)

8.9 Data Breach Notification

In the event of a data breach affecting your personal information, we will:

  • Notify you via email within 72 hours of discovering the breach
  • Describe what information was compromised
  • Explain steps we're taking to address the breach
  • Provide guidance on protecting yourself (credit monitoring, password changes, etc.)
  • Comply with all applicable state and federal breach notification laws

8.10 International Users

Our servers are located in the United States. If you access our services from outside the U.S., your information will be transferred to, stored, and processed in the United States. By using our services, you consent to this transfer. U.S. data protection laws may differ from those in your country.

8.11 Children's Privacy

We do not knowingly collect personal information from children under 13 years of age. If we discover we have collected data from a child under 13, we will delete it immediately. If you are a parent or guardian and believe your child has provided us with personal information, contact us at support@gymrx.io.

8.12 Cookies and Tracking

We use cookies and similar tracking technologies for:

  • Authentication and account security
  • Remembering your preferences
  • Analytics and website improvement
  • Advertising performance (if applicable)

You may disable cookies in your browser settings, but this may limit functionality. Our website does not respond to Do Not Track signals. For more information, see the Cookie Statement in our Privacy Policy.

8.13 Changes to Privacy Practices

We will notify you of material changes to our privacy practices via email at least 30 days in advance. Continued use after the notice period constitutes acceptance. For complete privacy information, review our full Privacy Policy.

9. Prohibited Uses

You may not use our services to:

  • Violate any applicable laws or regulations
  • Share, resell, or redistribute our proprietary content
  • Harass, abuse, or harm other users or our staff
  • Attempt to gain unauthorized access to our systems
  • Upload malicious software or engage in cyber attacks
  • Impersonate others or provide false information
  • Use our services for commercial purposes without permission

10. Limitation of Liability

DISCLAIMER: TO THE FULLEST EXTENT PERMITTED BY LAW, GYMRX LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES.

Our total liability for any claims arising from these Terms or your use of our services shall not exceed the total amount paid by you for services in the 12 months preceding the claim.

We make no warranties or guarantees regarding specific results from our fitness or nutrition programs, as individual results may vary.

11. Indemnification

You agree to indemnify and hold harmless GymRx LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) brought by third parties arising from:

  • Your violation of these Terms
  • Your violation of applicable laws or regulations
  • Your infringement of third-party intellectual property rights
  • Injuries to third parties caused by your actions during or related to our programs
  • Your provision of false or misleading information
  • Your unauthorized use or sharing of our proprietary content
  • Your actions that cause harm to other users or our business reputation

This indemnification obligation does NOT apply to claims arising solely from our gross negligence, willful misconduct, or breach of these Terms. In states where consumer indemnification is limited by law, this provision applies only to the extent permitted by applicable state law.

12. Service Availability

We strive to provide reliable service but cannot guarantee:

  • Uninterrupted access to our platforms or services
  • Error-free operation of our software or applications
  • Continuous availability due to maintenance or technical issues
  • Compatibility with all devices or operating systems

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

  • Submitting written notice to support@gymrx.io
  • Canceling through your account dashboard (if available)
  • Following the cancellation procedures in Section 6.2

Termination does not entitle you to a refund unless specifically provided in our refund policy (Section 6.2).

13.2 Termination by Us

We may terminate or suspend your access immediately, without prior notice, if:

  • You violate these Terms or our policies
  • You fail to pay fees when due (after 15-day grace period)
  • You engage in abusive, harassing, or threatening behavior toward staff or clients
  • You pose a safety risk to yourself or others
  • You share, redistribute, or commercialize our proprietary content
  • We reasonably believe your account has been compromised or misused
  • Continuing services would expose us to legal liability

13.3 Notice and Appeal

We will provide written notice of termination to your registered email address, except in cases involving immediate safety concerns or legal violations. You may appeal a termination decision by contacting support@gymrx.io within 14 days.

13.4 Effect of Termination

Upon termination:

  • Your access to services ceases immediately
  • You must stop using all proprietary materials and delete any downloaded content
  • Any outstanding fees become immediately due
  • Sections 7 (Intellectual Property), 10 (Limitation of Liability), 11 (Indemnification), and 14 (Governing Law) survive termination

13.5 Data After Termination

Upon termination:

  • We will retain your data as required by law and our Privacy Policy
  • You may request a copy of your data within 30 days of termination
  • After 90 days, we may delete your account data (except as required for legal/tax purposes)
  • Progress photos and personal information will be deleted upon request

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to conflict of law principles.

14.1 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services shall be resolved through binding individual arbitration rather than in court, EXCEPT:

  • Claims that qualify for small claims court (under $10,000)
  • Claims for injunctive or equitable relief to protect intellectual property
  • Emergency medical or safety-related disputes

14.2 Arbitration Procedures

  • The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or if AAA is unavailable or declines to administer, by JAMS under its Comprehensive Arbitration Rules
  • The arbitration will be conducted in your state of residence or via videoconference at your option
  • Each party will bear their own attorney's fees unless the arbitrator awards fees to the prevailing party
  • Filing fees and arbitrator costs:
    • For claims under $1,000: GymRx LLC will pay all arbitration fees
    • For claims between $1,000-$10,000: Fees split equally, unless you qualify for AAA's fee waiver program (income below 300% of federal poverty guidelines)
    • For claims over $10,000: Fees allocated per AAA/JAMS rules
  • You may opt out of arbitration by sending written notice to support@gymrx.io within 30 days of first accepting these Terms or within 30 days of receiving notice of material changes affecting this arbitration clause

14.3 Class Action Waiver

YOU AND GYMRX LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Opt-Out Right

You have the right to opt out of arbitration by sending written notice to support@gymrx.io within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the state or federal courts located in Idaho.

15. Changes to Terms

15.1 Modification Rights

We reserve the right to modify these Terms to reflect:

  • Changes in applicable laws or regulations
  • New features or services
  • Industry best practices and safety standards
  • Clarifications or corrections

15.2 Notice of Material Changes

For material changes (those affecting your rights, obligations, or fees), we will:

  • Provide at least 30 days' advance notice via email to your registered address
  • Post notice on our website and within your account dashboard (if applicable)
  • Highlight the specific changes made

15.3 Your Options

If you do not agree to material changes:

  • You may terminate your account within 30 days of notice without penalty
  • If you have a prepaid multi-month program, you may request a pro-rata refund for remaining unused months
  • Termination must be submitted in writing to support@gymrx.io

15.4 Acceptance

Continued use of services after the 30-day notice period constitutes acceptance of modified Terms. Non-material changes (typos, clarifications, formatting) take effect immediately upon posting.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to be enforceable while preserving its original intent.

17. Contact Information

If you have questions about these Terms of Service, please contact us:

GymRx LLC

784 S Clearwater Loop STE B

Post Falls, ID 83854-9599

Registered Agent for Service of Process:
Northwest Registered Agent LLC
784 S Clearwater Loop STE B
Post Falls, ID 83854-9599

Email: support@gymrx.io

Website: www.gymrx.io

For legal notices and service of process, send certified mail to the physical address above.

18. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you have read and understand our Privacy Policy.

You specifically acknowledge and affirm that:

  • You have read and understood Section 4 (Medical Disclaimer and Health Warnings) in its entirety
  • You understand that GymRx LLC provides fitness and wellness coaching, not medical services
  • You understand that Dr. Dave is acting as a fitness coach, not as your physician, and no doctor-patient relationship is created
  • You accept full responsibility for consulting with your own medical providers regarding all medical decisions, including clearance to exercise
  • You have had the opportunity to seek legal counsel before agreeing to these Terms

19. Force Majeure

GymRx LLC shall not be liable for failure to perform or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

  • Pandemics, epidemics, or public health emergencies
  • Natural disasters (earthquakes, floods, fires, severe weather)
  • War, terrorism, riots, or civil unrest
  • Government orders, regulations, or actions preventing service delivery
  • Internet, telecommunications, or utility failures
  • Cyberattacks, data breaches, or system failures affecting third-party service providers
  • Acts of God or other events beyond our reasonable control

19.1 During Force Majeure Events

During a force majeure event:

  • We will make commercially reasonable efforts to resume service as soon as possible
  • We will provide notice of the event and expected duration within 5 business days
  • You may pause your subscription without penalty during the disruption
  • We are not obligated to provide refunds for service interruptions caused by force majeure
  • Subscription billing may be paused at our discretion during prolonged disruptions

19.2 Termination Due to Extended Force Majeure

If a force majeure event prevents us from providing services for more than 60 consecutive days, either party may terminate the agreement by providing written notice. Upon such termination, you will receive a pro-rata refund of any prepaid fees for services not yet delivered.

20. Assignment and Transfer

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section is void.

We may assign these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate or subsidiary. We will provide you with 30 days' advance notice of any such assignment via email to your registered address.

If you do not agree with the assignment, you may terminate your account within the 30-day notice period and receive a pro-rata refund of any prepaid fees for unused services. Continued use of services after the 30-day notice period constitutes acceptance of the assignment.

21. Entire Agreement

These Terms of Service, together with our Privacy Policy (including Cookie Statement), and any service-specific agreements you have signed or accepted, constitute the entire agreement between you and GymRx LLC regarding your use of our services. They supersede all prior or contemporaneous communications, proposals, representations, and agreements, whether oral or written.

No employee, coach, agent, or representative of GymRx LLC is authorized to modify these Terms or make binding promises on behalf of the company unless confirmed in writing by an authorized officer and incorporated into these Terms through the modification process described in Section 15.

22. No Waiver

Our failure to enforce any provision of these Terms, or to exercise any right or remedy available under these Terms, does not constitute a waiver of that provision, right, or remedy, nor does it preclude us from enforcing it in the future.

Any waiver of a provision must be in writing and signed by an authorized officer of GymRx LLC to be effective. A waiver of any breach or default under these Terms does not constitute a waiver of any subsequent breach or default.

Our rights and remedies under these Terms are cumulative and not exclusive of any other rights or remedies available to us at law, in equity, or otherwise.

23. Electronic Communications and Signatures

By using our services, you consent to receive communications from us electronically, including via email, in-app notifications, SMS messages (if you have opted in), and notices posted on our website or within your account dashboard.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state laws.

23.1 Your Consent to Electronic Communications

  • You have access to a device capable of receiving and displaying electronic communications
  • You have provided a valid email address and will keep it current
  • You consent to receiving legally required notices electronically
  • You can print or download electronic communications for your records

23.2 Withdrawing Consent

You may withdraw your consent to receive electronic communications by emailing support@gymrx.io with "Withdraw Electronic Consent" in the subject line. However, withdrawing consent may result in termination of services that require electronic communication for delivery, and we reserve the right to terminate your account if electronic communication is essential to the service.

23.3 Updating Contact Information

You are responsible for maintaining a current email address and updating your contact information in your account. We are not responsible for failed communications due to outdated contact information.

24. State-Specific Provisions

If you reside in one of the following states, additional terms and rights apply to your use of our services. These state-specific provisions supplement, and do not replace, the general Terms above.

24.1 California Residents

  • Right to Cancel: You may cancel within 3 business days of enrollment for a full refund
  • Automatic Renewal: Additional disclosures in Section 6.3 apply
  • Privacy Rights: CCPA/CPRA rights detailed in Section 8.6 apply
  • Fitness Club Law: You may suspend your membership if you become temporarily disabled (medical documentation required)

24.2 Massachusetts Residents

  • Medical Disability: If you become physically unable to use services due to disability (verified by physician), you may request termination with pro-rata refund
  • Relocation: If you move more than 25 miles from your previous residence, you may request termination with pro-rata refund

24.3 New York Residents

  • Prepayment Limitation: Prepayment is limited to a maximum of 12 months in advance

24.4 Washington Residents

  • Relocation: If you relocate more than 25 miles from your previous residence, you may cancel your membership

24.5 Other States

If your state has health club or fitness service regulations not listed above, please contact support@gymrx.io to discuss applicable rights. We will comply with all applicable state consumer protection laws.

25. Testimonials and Marketing Use

25.1 Submission of Testimonials

If you provide a testimonial, review, success story, or feedback about our services (whether solicited or unsolicited), you grant GymRx LLC a perpetual, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, display, and distribute such content in our marketing materials, including but not limited to:

  • Website and social media
  • Email marketing campaigns
  • Paid advertising (digital and print)
  • Promotional videos and presentations
  • Sales materials and case studies

25.2 How We May Use Your Content

  • Use your first name, age, and general location (e.g., "Sarah, 32, from Boise, ID")
  • Display before/after progress photos (only with your explicit written consent obtained separately)
  • Edit testimonials for length, clarity, or grammar (without changing the substantive meaning)
  • Combine your testimonial with others in compilations

25.3 Your Representations

By submitting a testimonial or content, you represent and warrant that:

  • You own all rights to the submitted content
  • The content is truthful and based on your genuine experience
  • You have not been compensated for the testimonial (or compensation will be disclosed)
  • The content does not violate any third-party rights
  • You consent to the use of any photos or videos you submit

25.4 Photo and Video Release

Separate written consent is required before we use your progress photos or videos. We will not use identifiable photos or videos in marketing without your explicit, written authorization obtained through a separate photo release form.

25.5 Withdrawal of Permission

You may withdraw permission to use your testimonial at any time by emailing support@gymrx.io with "Withdraw Testimonial" in the subject line and specifying which content to remove. We will remove your testimonial from materials we directly control within 30 days. However, copies in third-party advertisements, social media shares, or archived materials may persist beyond our control.

25.6 FTC Compliance

All testimonials represent individual experiences and results, which may not be typical. Individual results vary based on factors including genetics, age, starting fitness level, adherence to programs, pre-existing health conditions, lifestyle factors, and individual effort. We make no guarantee that you will achieve similar results.

Where applicable, we disclose material connections (compensation, free services, affiliate relationships) in accordance with FTC guidelines.

26. Accessibility and Accommodations

GymRx LLC is committed to making our services accessible to individuals with disabilities. We strive to comply with the Americans with Disabilities Act (ADA) and ensure that our website and services are accessible to all users.

26.1 Website Accessibility

Our website is designed to meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. Accessibility features include:

  • Keyboard navigation compatibility
  • Screen reader compatibility
  • Sufficient color contrast
  • Resizable text
  • Alternative text for images
  • Clear heading structure

26.2 Service Accommodations

If you require reasonable accommodations to access or use our services, we will work with you to provide them. Accommodations may include:

  • Modified exercise programs for physical limitations
  • Alternative communication methods
  • Extended time for assignments or check-ins
  • Materials in alternative formats (large print, audio, etc.)
  • Assistive technology compatibility

26.3 Requesting Accommodations

To request accommodations, please contact:

ADA Coordinator

Email: support@gymrx.io

Subject Line: "ADA Accommodation Request"

We will respond to accommodation requests within 5 business days and work with you to implement reasonable modifications.

26.4 Reporting Accessibility Barriers

If you encounter accessibility barriers while using our website or services, please report them to support@gymrx.io with "Accessibility Barrier" in the subject line. Include:

  • Description of the barrier encountered
  • The page or feature where you encountered it
  • Your assistive technology or browser information (if applicable)

We will investigate reported barriers and take appropriate steps to address them.