Elite Prime Fitness

Terms of Service

Please read these terms carefully before using our platform and services.

IMPORTANT LEGAL NOTICE

BY USING THIS SERVICE, YOU AGREE TO:

  • BINDING ARBITRATION for all disputes
  • WAIVER OF CLASS ACTION RIGHTS
  • STRICT LIMITATION OF LIABILITY (see Section 10)
  • USE THE SERVICE "AS-IS" WITHOUT WARRANTIES

IF YOU DO NOT AGREE, DO NOT USE THIS SERVICE.

1. Acceptance of Terms

By accessing and using Elite Prime Fitness (the "Service"), you accept and agree to be bound by the terms and provisions of this agreement (the "Terms"). If you do not agree to these Terms, you must immediately cease using our services. Your continued use of the Service constitutes acceptance of any modifications to these Terms.

2. Use License

Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and use the platform for your personal, non-commercial fitness needs
  • Download and use mobile applications on your authorized devices only
  • Access training content and workout programs as permitted by your subscription tier
  • Communicate with trainers and support staff through official channels

This license does not include any resale or commercial use of the Service; collection and use of any product listings, descriptions, or prices; derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

3. User Responsibilities and Account Security

You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain the security of your account credentials and enable Multi-Factor Authentication when required
  • Immediately notify us of any unauthorized access or security breach
  • Use the service in compliance with all applicable federal, state, and local laws
  • Not share, sell, or transfer your account to others
  • Not engage in any harmful, abusive, harassing, or illegal behavior
  • Not attempt to circumvent any security measures or access restrictions
  • Consult with a licensed physician before starting any fitness or nutrition program
  • Be solely responsible for any activities conducted through your account

4. HEALTH AND SAFETY DISCLAIMER - ASSUMPTION OF RISK

EXERCISE AND FITNESS ACTIVITIES CARRY INHERENT AND SIGNIFICANT RISKS OF INJURY, DISABILITY, OR DEATH. BY USING THIS SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL SUCH RISKS.

You acknowledge and agree that:

  • You MUST consult with a licensed physician before beginning any exercise, fitness, or nutrition program
  • You participate in all workouts, exercises, and activities AT YOUR OWN RISK
  • You will immediately discontinue any exercise if you experience pain, discomfort, dizziness, or any adverse symptoms
  • Our trainers provide guidance and recommendations only and cannot prevent injuries or guarantee results
  • We are not responsible for any injuries, illnesses, or adverse health events sustained during or after training
  • You have no pre-existing medical conditions that would make exercise dangerous, or you have received physician clearance
  • You are physically and mentally capable of participating in strenuous physical activity

THIS SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN WITH ANY QUESTIONS REGARDING YOUR HEALTH.

5. Payment Terms

Subscription and payment terms:

  • Subscriptions are billed monthly or annually in advance, as selected
  • You authorize Elite Prime Fitness to charge your payment method automatically on a recurring basis
  • Prices are subject to change with 30 days advance notice
  • Refunds are provided only in accordance with Section 6
  • Session packages and credits expire as specified at purchase and are non-transferable
  • Failure to pay will result in immediate suspension or termination of service
  • You are responsible for all taxes associated with your subscription
  • Payment disputes must be raised within 60 days of the charge

6. Cancellation and Refunds

Cancellation policies:

  • You may cancel your subscription at any time through your account settings
  • Cancellations take effect at the end of the current billing period
  • NO REFUNDS will be provided for partial months, unused sessions, or early cancellation
  • Session cancellations require 24 hours advance notice or the session will be forfeited
  • First session satisfaction guarantee applies only to new members within 7 days of first session
  • Refund requests must be submitted in writing to support@eliteprimefitness.com

7. Intellectual Property

All content, including but not limited to workout programs, training videos, nutrition plans, images, graphics, text, software, trademarks, logos, and service marks, is owned exclusively by Elite Prime Fitness or our licensors and is protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works, publicly display, republish, download, store, or transmit any content from the Service without express written permission. Unauthorized use may result in immediate termination and legal action.

8. Termination

We reserve the right to terminate or suspend your account immediately, without prior notice, warning, or liability, for any reason whatsoever, including but not limited to:

  • Breach of these Terms
  • Providing false or misleading information
  • Engaging in fraudulent or illegal activities
  • Abusive or threatening behavior toward staff or other users
  • Failure to pay fees when due
  • Violation of any applicable law or regulation

Upon termination, your right to use the Service will cease immediately, and you will lose access to all content, data, and materials associated with your account. We are not obligated to maintain or provide copies of your data.

9. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, ELITE PRIME FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
  • UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION
  • CORRECTION OF DEFECTS OR ERRORS
  • ACHIEVEMENT OF FITNESS GOALS OR RESULTS

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ELITE PRIME FITNESS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

10. LIMITATION OF LIABILITY

READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY LIMITS OUR LIABILITY.

10.1 Cap on Total Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ELITE PRIME FITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, TRAINERS, AND AFFILIATES FOR ANY CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF:

  • $100 (ONE HUNDRED DOLLARS), OR
  • THE TOTAL AMOUNT YOU PAID TO ELITE PRIME FITNESS IN THE 12 MONTHS PRECEDING THE CLAIM

FOR FREE TIER USERS WHO HAVE NOT PAID ANY FEES, OUR TOTAL LIABILITY IS LIMITED TO $0 (ZERO DOLLARS).

10.2 Exclusion of Damages

IN NO EVENT SHALL ELITE PRIME FITNESS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
  • PUNITIVE OR AGGRAVATED DAMAGES
  • LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
  • LOSS OF DATA OR INFORMATION
  • LOSS OF GOODWILL OR REPUTATION
  • EMOTIONAL DISTRESS, MENTAL ANGUISH, OR PAIN AND SUFFERING
  • PERSONAL INJURY, BODILY INJURY, OR WRONGFUL DEATH
  • PROPERTY DAMAGE
  • COST OF SUBSTITUTE GOODS OR SERVICES
  • FAILURE TO ACHIEVE FITNESS GOALS OR DESIRED RESULTS

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ELITE PRIME FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Basis of the Bargain

YOU ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION 10 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ELITE PRIME FITNESS, AND THAT ELITE PRIME FITNESS WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

11. Indemnification

You agree to indemnify, defend, and hold harmless Elite Prime Fitness, its officers, directors, employees, agents, trainers, licensors, and service providers 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 Service.

12. BINDING ARBITRATION AND CLASS ACTION WAIVER

12.1 Agreement to Arbitrate

YOU AND ELITE PRIME FITNESS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL BE SETTLED BY BINDING ARBITRATION, EXCEPT AS SET FORTH BELOW. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS.

12.2 Arbitration Rules

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org or by calling 1-800-778-7879.

12.3 CLASS ACTION WAIVER

YOU AND ELITE PRIME FITNESS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Unless both you and Elite Prime Fitness agree otherwise, the arbitrator may not consolidate more than one persons claims and may not preside over any form of representative or class proceeding.

12.4 Exceptions

Either party may bring a lawsuit in court for injunctive relief for infringement of intellectual property rights or unauthorized access to the Service. Additionally, either party may bring a claim in small claims court if it qualifies.

13. Force Majeure

Elite Prime Fitness shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14. Third-Party Services and OAuth Providers

Our Service integrates with third-party authentication providers (Google, Apple, Microsoft) and payment processors (Stripe). By using these services, you agree to their respective terms of service and privacy policies. Elite Prime Fitness is not responsible for:

  • The availability, functionality, or security of third-party services
  • How third-party providers collect, use, or share your data
  • Any charges, fees, or terms imposed by third-party providers
  • Data breaches or security incidents at third-party providers

We use Supabase as our database provider. Your data is stored and processed in accordance with Supabase's security and privacy practices.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by Elite Prime Fitness, constitute the entire agreement between you and Elite Prime Fitness concerning the Service and supersede all prior agreements and understandings.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

19. Contact Information

For questions about these Terms, please contact us at:

Email: legal@eliteprimefitness.com
Phone: (555) 123-4567
Address: 123 Fitness Ave, Suite 100, Los Angeles, CA 90001
Hours: Monday - Friday, 9:00 AM - 5:00 PM PT

Last Updated: December 31, 2025