GymRx LLC Service Agreement
Last Updated: December 31, 2025
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").
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.
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.
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.
By using our services, you represent that:
GymRx LLC provides the following paid coaching services:
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.
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:
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.
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.
⚠️ MANDATORY HEALTH AND SAFETY DISCLOSURE - READ CAREFULLY ⚠️
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:
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.
YOU MUST OBTAIN CLEARANCE FROM A LICENSED PHYSICIAN BEFORE STARTING ANY FITNESS OR NUTRITION PROGRAM IF YOU:
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.
You experience any of the following symptoms during exercise:
SEEK IMMEDIATE MEDICAL ATTENTION IF YOU EXPERIENCE ANY EMERGENCY SYMPTOMS.
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.
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:
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.
GymRx LLC provides fitness coaching and nutritional guidance within the scope of fitness and wellness professionals. We do NOT provide:
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.
GYMRX LLC MAKES NO GUARANTEES OR WARRANTIES REGARDING:
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.
As a user of our services, you agree to:
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.
If you experience a medical emergency during training or coaching sessions:
Your Responsibilities:
Coach Responsibilities During Virtual Sessions:
If you experience a medical emergency during a virtual coaching session:
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:
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.
All fees are due in advance unless otherwise specified in your service agreement.
Subscription Billing:
Accepted Payment Methods:
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.
Refund policies vary by service type:
Monthly Subscriptions:
Multi-Month Programs (3, 6, or 12 months):
One-on-One Coaching Sessions:
All refund requests must be submitted in writing to support@gymrx.io. Refunds processed within 5-10 business days to original payment method.
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:
Renewal Reminders:
Cancellation Confirmation:
Upon cancellation, you will receive email confirmation within 24 hours including:
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:
All content, materials, and intellectual property provided through our services remain the exclusive property of GymRx LLC, including but not limited to:
You may not reproduce, distribute, or commercialize any of our proprietary content without explicit written permission.
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.
We collect and process the following types of information:
We use your data to:
We share your information with:
We do NOT sell your personal information to third parties for their marketing purposes.
We protect your information using industry-standard security measures:
You have the following rights regarding your personal information:
To exercise these rights, email support@gymrx.io with "Privacy Request" in the subject line. We will respond within 30 days.
If you are a California resident, you have additional rights under the California Consumer Privacy Act:
California residents: Submit privacy requests to support@gymrx.io with "California Privacy Request" in the subject line.
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.
We retain your information for the following periods:
In the event of a data breach affecting your personal information, we will:
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.
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.
We use cookies and similar tracking technologies for:
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.
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.
You may not use our services to:
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.
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:
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.
We strive to provide reliable service but cannot guarantee:
You may terminate your account at any time by:
Termination does not entitle you to a refund unless specifically provided in our refund policy (Section 6.2).
We may terminate or suspend your access immediately, without prior notice, if:
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.
Upon termination:
Upon termination:
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.
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:
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.
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.
We reserve the right to modify these Terms to reflect:
For material changes (those affecting your rights, obligations, or fees), we will:
If you do not agree to material changes:
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.
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.
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.
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:
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:
During a force majeure event:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
By submitting a testimonial or content, you represent and warrant that:
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.
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.
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.
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.
Our website is designed to meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. Accessibility features include:
If you require reasonable accommodations to access or use our services, we will work with you to provide them. Accommodations may include:
To request accommodations, please contact:
We will respond to accommodation requests within 5 business days and work with you to implement reasonable modifications.
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:
We will investigate reported barriers and take appropriate steps to address them.