Terms of Service

Last Updated: July 17, 2026

Welcome to The Fitness Equation, II, LLC (“we,” “us,” or “our”). By accessing or using our Website, you agree to these Terms of Service (“Terms”). If you disagree with any part of these Terms, you may not use the Website. These Terms govern your access to and use of the Website, including all content, features, and services.

Use of the Website

  1. Age Eligibility. The Website is intended for individuals aged 18 and older. By using the platform, you affirm that you meet this age requirement and have the legal capacity to agree to these Terms.
  2. Account Creation. You may need to create an account to use certain features. You are solely responsible for maintaining the confidentiality of your credentials and for all activities under your account. Notify us immediately of any unauthorized use or security breach.
  3. MS Communications & Consent
    • Consent and Opt-Out: By using the Website, you consent to receive SMS messages related to your gym membership. These messages may include appointment reminders, class schedule changes, billing notifications, special offers, and other important updates. You can opt out of receiving SMS messages at any time by texting “STOP” to the phone number that the messages are sent from.
    • Unsubscribing and Rejoining: Upon sending “STOP,” you will receive an SMS confirmation of your unsubscribe status. To rejoin the SMS service, sign up as you did initially or send “START”.
    • Message Frequency and Support: Message frequency varies. If you experience issues with the messaging program, contact [email protected]. For privacy-related inquiries, please refer to our privacy policy (https://thefitnessequation.com/privacy-policy/)
    • Carrier and Data Rates: Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent or received. For questions about your text plan or data plan, please contact your wireless provider.
  4. Permitted Use. The Website may be used only for membership sales/management, scheduling, referral programs, reporting, and provided platform features.
  5. Prohibited Use. You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all applicable laws and regulations while using the Website. You may not:
    • Use the Website to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
    • Interfere with or disrupt the Website or servers or networks connected to the Website.
    • Use any data mining, robots, or similar data gathering or extraction methods.
    • Attempt to gain unauthorized access to the Website or any accounts, computer systems, or networks connected to the Website.
    • Use the Website to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
    • Violate the privacy of any third party.
    • Use the Website to transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  6. Intellectual Property Ownership. The Website and its entire content, features, and functionality are owned by us, our licensors, or providers, and are protected by US and international copyright, trademark, patent, trade secret, and proprietary rights laws.
  7. Limited License: These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
    • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
    • You may store files that are automatically cached by your web browser for display enhancement purposes.
    • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  8. No Modification: You must not modify copies of any materials from the Website.
  9. No Commercial Use: You must not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  10. Reservation of Rights: All rights not expressly granted herein are reserved to us.
  11. Disclaimer: THE WEBSITE AND ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  12. Limitation of Liability: IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES. THIS COMPRISES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
  13. Indemnification: You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, alongside our and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website. This includes, but is not limited to, your user contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
  14. Termination. We reserve the right to terminate your access to the Website immediately, without notice or cause. You may terminate your account or these Terms at any time by discontinuing use of the Website.
  15. Governing Law: These Terms and any related disputes shall be governed by and construed under the laws of the Commonwealth of Virginia, without regard to conflict of law provisions.
  16. Dispute Resolution & Arbitration
    • Binding Arbitration: Any legal action or claim arising out of these Terms or the Website under any legal theory—including statutory claims like state consumer protection acts, the federal Telephonic Consumer Protection Act (TCPA), or international equivalents (“Claims”)—shall be resolved by binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Rules (available at [https://www.adr.org/Rules](https://www.adr.org/Rules)). This provision controls if there is a conflict with AAA rules. If the AAA is unavailable, the parties will agree on an alternative, or a court will appoint one. Arbitration will feature a single arbitrator and occur in Loudoun County, VA. [JK1.1]The decision will be final, binding, and enforceable in any competent court.
    • Notice of Dispute: Before initiating arbitration, you must send a written Notice of Dispute (“Notice”) by certified mail or national courier to: The Fitness Equation, II, LLC – Legal Department – 43360 Defender Drive Chantilly, VA 20152
    • The Notice must: (i) describe the nature/basis of the Claim, and (ii) state the specific relief sought. If unresolved within 60 days of receipt, you may commence AAA arbitration. Settlement offers must not be disclosed to the arbitrator. Unless barred by law, any Claim must be submitted via a Notice of Dispute within one (1) year from the occurrence of the underlying facts.
    • Mass Filings: If the AAA deems your Claim part of a mass or multiple case filing, the AAA Supplementary Rules for Multiple Case Filings apply. You agree not to oppose any motion by us requiring you to initially advance all filing fees and arbitrator costs. If you prevail, the arbitrator may award you costs to match an individual filing position.
    • Class Action Waiver: Neither party shall pursue class, collective, or representative claims. Unless Multiple Case Filing rules apply, arbitrations cannot be consolidated without mutual consent, except where the parties to this agreement are the sole parties.
    • Remedies & Fees: The arbitrator may award individual injunctive relief and damages. Neither party will be liable to the other for indirect, special, incidental, consequential, exemplary, or punitive damages. The arbitrator shall award reasonable attorneys’ fees and costs to the prevailing party if the non-prevailing party asserted frivolous or bad faith claims/defenses.
    • Preclusive Effect: The arbitration award has no preclusive effect in future proceedings unless you and we are the sole parties.
    • Controlling Law: The Federal Arbitration Act (FAA), applicable federal law, and Virginia law govern this dispute resolution framework.
    • Confidentiality: The arbitration proceedings and results are confidential and may not be disclosed by either party or the arbitrator without mutual written consent, unless required by law.
    • Third-Party Beneficiaries: This provision applies to and protects our staff, agents, subsidiaries, affiliates, employees, directors, parents, franchisees, predecessors, successors, and assigns. This agreement survives the termination of any relationship, including a franchise membership.
    • Severability of Arbitration: If subparts regarding class waiver and mass action rules are found invalid or illegal, this entire arbitration section is null and void, and disputes must be resolved exclusively in the State or Federal Courts of Virginia. If any other subpart is found invalid, it will be severed, and the remainder of arbitration provision remains enforceable.
  17. Waiver and Severability. Our failure to enforce any right or provision under these Terms does not constitute a waiver. If any provision is held invalid or unenforceable by a court, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force.
  18. Entire Agreement. These Terms constitute the sole and entire agreement between you and us regarding the Website, superseding all prior written, oral, or electronic communications.
  19. Changes to Terms. We reserve the right to modify these Terms at any time. Changes are effective immediately upon posting. Your continued use of the Website after updates are posted constitutes acceptance of the revised Terms.
  20. Contact Us: For questions regarding these Terms, please contact us at: [email protected].