Terms of Use — The Fitness Garage

Operator: The Fitness Garage, LLC · Effective date: 2026-06-06 · Last updated: 2026-06-20

1. Purpose and Acceptance

• 1.1. These Terms and Conditions (the “Terms”) govern the access to and use of the services provided by The Fitness Garage (“TFG”), including in-person training (group classes, individual sessions, and couples training), digital services (subscriptions, online programs, and access to the web platform), and digital products (recipe books, training plans, routines, and educational materials).
• 1.2. Registration, subscription, payment, or use of any TFG services constitutes full and unconditional acceptance of these Terms by the client (the “Client”).

2. Eligibility and Registration

• 2.1. To access TFG services, the Client must be at least eighteen (18) years of age and have the legal capacity to contract. Services for minors require written consent from a legal guardian, who shall assume joint responsibility.
• 2.2. The Client represents and warrants that all information provided during registration is truthful, accurate, and up to date, and is solely responsible for any inaccuracies or omissions.
• 2.3. Accounts created are personal and non-transferable. Sharing login credentials with third parties is strictly prohibited. The Client is responsible for all activity conducted under their account.

3. Payments and Billing

• 3.1. All payments will be processed through Stripe or other electronic payment methods enabled on TFG’s official website.
• 3.2. Subscription plans will automatically renew for successive periods until canceled by the Client.
• 3.3. In-person sessions must be paid in advance.
• 3.4. In the event of non-payment, rejected transactions, or chargebacks, TFG may suspend or terminate services and demand payment of outstanding amounts along with applicable fees.
• 3.5. The Client authorizes TFG to make recurring charges to the registered payment method until the subscription is expressly canceled.
• 3.6. All prices are expressed in U.S. Dollars (USD), unless otherwise indicated, and are subject to applicable taxes.

4. Cancellations and Rescheduling

• 4.1. All payments are non-refundable except in the case of verified billing errors. This Section does not apply to Apple In‑App Purchases, which are governed by Section 19 (refunds handled by Apple).
• 4.2. The Client may cancel their subscription at any time; access will remain active until the end of the paid billing period.
• 4.3. For in-person services, cancellations or rescheduling must be made with at least twenty-four (24) hours’ notice. Otherwise, the session will be considered consumed with no right to refund or rescheduling.
• 4.4. Rescheduled sessions must take place within seven (7) days of the originally scheduled date, subject to availability.
• 4.5. Requests for refunds due to billing errors must be submitted within seven (7) business days of the invoice date.
• 4.6. Delays exceeding fifteen (15) minutes will be considered as a consumed session.

5. Health Declaration and Responsibility

• 5.1. The Client declares that they are in suitable physical and health condition to participate in physical activity and releases TFG from any liability arising from failure to disclose relevant conditions.
• 5.2. TFG does not provide medical services and strongly recommends that Clients consult a physician prior to beginning any training or nutrition program.
• 5.3. The Client voluntarily assumes all risks associated with participation in physical activity.
• 5.4. In case of emergency, the Client authorizes TFG to provide or request appropriate medical assistance and agrees to assume all related costs.

6. Digital Platform Use and Conduct

• 6.1. The Client agrees to use TFG’s digital platform and materials solely for personal and lawful purposes.
• 6.2. Reproduction, distribution, modification, reverse engineering, or commercial exploitation of TFG’s content is strictly prohibited without prior written authorization.
• 6.3. The Client agrees to maintain respectful conduct in any online communities or forums, and the posting of offensive, discriminatory, unlawful, or promotional content is prohibited.

7. Intellectual Property

• 7.1. All content, programs, routines, recipes, educational materials, logos, and trademarks are the exclusive property of TFG.
• 7.2. The Client acquires no intellectual property rights and agrees not to copy, reproduce, or distribute TFG content without prior written consent.

8. Authorization for Use of Image and Testimonials

• 8.1. The Client authorizes TFG to capture and use their image, voice, and testimonials in photographs, audio, or video obtained during the provision of services, for promotional and communication purposes across TFG’s digital and physical media.
• 8.2. This authorization is non-exclusive, royalty-free, and revocable for future uses by written notice, without affecting materials already produced or published.

9. Limitation of Liability

• 9.1. TFG does not guarantee specific results, as outcomes depend on individual factors.
• 9.2. TFG shall not be held liable for platform interruptions, third-party technical failures, or force majeure events.
• 9.3. To the maximum extent permitted by law, TFG disclaims liability for direct, indirect, incidental, or consequential damages arising from the use of its services.

9A. Artificial Intelligence (TITAN) and No Professional/Medical Advice

• 9A.1. The App includes TITAN, an artificial‑intelligence assistant. TITAN's responses, coaching, nutrition guidance, training plans, food/menu recognition, and insights are generated wholly or partly by AI and are provided for general informational and educational purposes only.
• 9A.2. AI‑generated content may be inaccurate, incomplete, or unsuitable for your circumstances. It is not medical, nutritional, psychological, or other professional advice and does not create any professional or provider‑patient relationship. Section 5 (Health Declaration) applies in full.
• 9A.3. You are solely responsible for evaluating and verifying any AI output before relying on or acting on it, and should consult a qualified professional (e.g., a physician or registered dietitian) before starting or changing any exercise, nutrition, or health program.
• 9A.4. To deliver these features, the content you submit to TITAN — including text, voice, and photos such as food, menu, and progress photos — is processed by third‑party AI providers (currently OpenAI, Anthropic, and Google) as described in our Privacy Policy. By using TITAN you consent to this processing.
• 9A.5. To the maximum extent permitted by law, TFG disclaims all liability for any action taken or not taken based on AI‑generated content, and Section 9 (Limitation of Liability) applies to such content.

10. Modification of Terms, Services, and Prices

• 10.1. TFG may amend these Terms, services, or prices, with notice published on the official website at least fifteen (15) calendar days in advance.
• 10.2. Continued use of the services after such publication constitutes acceptance of the modifications.

11. Force Majeure

• 11.1. TFG shall not be held liable for non-performance caused by events beyond its reasonable control, including natural disasters, health emergencies, third-party service failures, or government regulations.
• 11.2. For outdoor activities, sessions may be rescheduled for safety or weather-related reasons.

12. Minors

• 12.1. Services for minors require written authorization from a legal guardian, who assumes joint liability for all obligations under these Terms.

13. Third Parties and Trainers

• 13.1. Certain services may be provided by independent contractors or third parties. TFG shall not be liable for acts or omissions of third parties beyond its reasonable control.
• 13.2. A change of trainer shall not constitute breach of contract, provided that services are delivered as agreed.

14. Termination

• 14.1. TFG may suspend or terminate services if the Client breaches these Terms, engages in fraud or abuse, fails to pay, or poses a security risk.
• 14.2. The Client may terminate services subject to the payment and cancellation provisions set forth herein.

15. Communications and Electronic Signatures

• 15.1. The Client agrees to receive notices and documents electronically.
• 15.2. Electronic signatures shall have full legal validity and enforceability.

16. Assignment

• 16.1. TFG may assign or transfer its rights and obligations under these Terms to third parties as part of corporate reorganizations or commercial agreements.
• 16.2. The Client may not assign their contractual position without TFG’s prior written consent.

17. Entire Agreement and Severability

• 17.1. Failure to enforce any provision shall not constitute a waiver.
• 17.2. If any provision is declared invalid, the remaining provisions shall remain in full force and effect.
• 17.3. These Terms constitute the entire agreement between TFG and the Client with respect to the subject matter herein.

18. Survival of Obligations

• 18.1. Provisions regarding outstanding payments, intellectual property, limitation of liability, governing law, jurisdiction, assignment, communications, and any other provisions that by their nature should survive, shall remain valid and enforceable after termination of this agreement.

19. Apple In-App Purchases & Subscriptions (TFG Virtual)

• 19.1. The TFG Virtual digital membership is sold and billed exclusively through Apple In-App Purchase: Monthly $14.99 USD/month (com.tfg.fitnessgarage.virtual.monthly) and Yearly $99.99 USD/year (com.tfg.fitnessgarage.virtual.yearly).
• 19.2. Payment is charged to your Apple ID account upon confirmation of purchase.
• 19.3. The subscription automatically renews at the then-current price unless cancelled at least 24 hours before the end of the current period; your Apple ID is charged within 24 hours prior to renewal.
• 19.4. You can manage or cancel your subscription in Settings → Apple ID → Subscriptions. Deleting the App does not cancel a subscription.
• 19.5. Promotional / offer codes, when provided by TFG, are redeemed through Apple and apply only as stated for the redeeming user.
• 19.6. Refunds for Apple purchases are handled by Apple under its policies; Section 4 (non-refundable) does not apply to Apple purchases, which follow Apple's refund rules.
• 19.7. The in-person and coaching plans (One-on-One, Couples, Fitness Tracker) continue to be billed through Stripe as described in Section 3.

20. Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law rules. Disputes will be resolved in the courts of that jurisdiction, unless otherwise required by applicable law.

21. Contact

The Fitness Garage, LLC · 1429 Nicholas Lane, Little Elm, TX 75068, USA · info@the-fitness-garage.com