Effective Date: January 11, 2025

Welcome to PEAKFIT Studio (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our website, www.peakfitstudio.com (the “Website”), as well as any classes, memberships, services, or products we provide through the Website or in our physical facilities. By accessing or using our Website or services, you agree to be bound by these Terms. If you do not agree, please refrain from using our Website or services.

1. Acceptance of Terms

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional guidelines, policies, or rules posted on the Website or otherwise communicated to you by PEAKFIT Studio. If you do not agree, do not use the Website or any of our services.

2. Privacy Policy

Your use of the Website is also governed by our Privacy Policy. We encourage you to review it thoroughly to understand our data collection, use, and disclosure practices. By using our services, you consent to our Privacy Policy.

3. Eligibility & Minors

1. Age Requirement for Website Use: You must be at least 13 years old to use our Website. If you are under 13, please do not use this Website or submit any personal information to us.
2. Minors & Parental Consent for Participation: If you are under the age of 18 (“Minor”), you may only participate in PEAKFIT Studio’s in-person classes, programs, or other services with the express written consent of a parent or legal guardian. The parent or guardian must review, understand, and accept these Terms (including the Release of Liability & Assumption of Risk in Section 14) on the Minor’s behalf, and may be required to sign an additional waiver or consent form.
3. Accuracy of Information: You represent and warrant that all registration or other information you submit to us—whether you are an adult or a minor with parental consent—is truthful and accurate. You agree to notify us promptly of any changes.

4. Health & Wellness Disclaimer

1. Informational Purposes Only: The content on our Website, including fitness, nutrition, and wellness information, is provided solely for educational purposes. We do not offer medical advice, diagnoses, or treatments.
2. Consult Professionals: Always consult a licensed healthcare provider or physician before starting any new workout, nutrition, or wellness program.
3. No Guarantees: Individual results may vary. We do not guarantee any specific outcomes from our fitness or nutrition plans.
4. Not HIPAA-Covered: While we take reasonable care to protect sensitive information, we are not a healthcare provider subject to HIPAA regulations.

5. Use of the Website

1. Personal Use Only: You may use the Website and our services for personal, non-commercial purposes in compliance with these Terms.
2. Prohibited Activities: You agree not to:
   • Violate any applicable laws or regulations;
   • Interfere with or disrupt the Website’s functionality or servers;
   • Upload or transmit any viruses, malware, or harmful code;
   • Use the Website to harass or defame any person or entity;
   • Engage in data mining, scraping, or automated data gathering without our express written consent.

6. Account Creation & Security

1. Registration: To access certain features (e.g., class bookings, purchases, or memberships), you may be required to create an account. You agree to provide accurate and complete information during registration and to update it as needed.
2. Account Responsibility: You are responsible for maintaining the confidentiality of your login credentials. You are fully responsible for all activities that occur under your account. If you suspect any unauthorized use, contact us immediately at info@peakfitstudio.com.
3. Account Termination: We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms or engaged in illegal or inappropriate conduct.

7. Fees, Payments & Refunds

1. Pricing and Payments: All prices for classes, memberships, or products will be listed on our Website. Payments may be processed by third-party, PCI-DSS compliant payment processors.
2. Refund Policy: Refunds, if any, will be governed by any refund or cancellation policy posted on our Website or otherwise communicated to you. Please review these policies before purchasing any service or product.
3. Auto-Renewal:
   • Automatic Charge: Certain memberships or packages may automatically renew at the end of their initial term. By purchasing such a membership or package, you expressly authorize PEAKFIT Studio to automatically bill your designated payment method at the start of each renewal term for the then-current membership rate.
   • Cancellation: If you do not wish to continue, you must cancel prior to the next billing cycle. You will be solely responsible for any charges incurred if you fail to cancel before the renewal date.
4. Membership Holds/Freezes: Unless otherwise stated, memberships are non-freezable and non-transferable. If PEAKFIT Studio chooses to offer temporary holds or freezes, they will be at our sole discretion, and additional fees or conditions may apply.
5. Billing Information: You agree to provide and maintain accurate billing information, including credit card details, for the purpose of completing transactions.

8. Session Scheduling & Cancellation

1. Booking: You may schedule personal training sessions, classes, or consultations through the Website or by contacting us directly.
2. 24-Hour Cancellation Requirement: To avoid a late cancellation fee, you must cancel or reschedule your session or class at least 24 hours before the scheduled start time.
3. Late Cancellations & No-Shows: If you fail to cancel within 24 hours of the scheduled session or if you do not show up for your appointment, you will be charged a $25 non-refundable fee in addition to forfeiting that session if applicable.
4. Changes by PEAKFIT Studio: We reserve the right to reschedule or cancel sessions, classes, or other events in our sole discretion. We will make reasonable efforts to notify you and may offer alternative options or refunds where appropriate.

9. Automated SMS (A2P) Terms

1. Opt-In: By providing your phone number and opting in, you consent to receive automated text messages (SMS) from us regarding class reminders, schedule changes, promotions, and other updates.
2. Message Frequency & Costs: Message frequency may vary. Standard messaging and data rates may apply according to your cellular plan.
3. Opt-Out: You can opt out at any time by replying “STOP” to any SMS received from us, or by contacting info@peakfitstudio.com. Once you opt out, you will not receive further automated SMS unless you re-subscribe.
4. Additional Info/Help: Reply “HELP” to any message for assistance, or contact us at (828) 844-8585 or info@peakfitstudio.com.

10. Photo/Video Release

By participating in PEAKFIT Studio classes, events, or activities, you acknowledge and agree that PEAKFIT Studio may record, photograph, or otherwise capture your likeness. You grant PEAKFIT Studio permission to use any such media (including images, audio, or video) for promotional, commercial, or marketing purposes in any and all media formats. You further agree that such use is without compensation and you waive any claim against PEAKFIT Studio for the use of your likeness.

11. Intellectual Property

1. Ownership: All content on the Website—including text, graphics, logos, icons, images, videos, and software—is the property of PEAKFIT Studio or our content suppliers and is protected by intellectual property laws.
2. License to Use: We grant you a limited, non-exclusive, non-transferable, revocable license to view and use the Website for personal, non-commercial purposes. You may not reproduce, distribute, modify, or publicly display any portion of the Website without our prior written consent.
3. Trademarks: “PEAKFIT Studio” and any other product or service names, logos, or slogans on the Website are trademarks of PEAKFIT Studio. You may not use them without our written permission.

12. User Conduct

You agree that you will not:

1. Post or transmit any content that is defamatory, obscene, harassing, violent, hateful, or otherwise objectionable;
2. Misrepresent your identity or affiliation with any person or entity;
3. Resell, redistribute, or misappropriate any part of our services for commercial gain;
4. Collect or store personal information of other users without their express permission.

We reserve the right to remove content and/or terminate accounts that violate these rules, without notice or liability.

13. Third-Party Links & Services

1. External Websites: Our Website may contain links to third-party websites or services that we do not own or control. We are not responsible for the content, privacy practices, or terms of these external sites.
2. No Endorsements: The inclusion of any link on our Website does not imply endorsement of the external site or service. Use such links at your own risk.

14. Release of Liability & Assumption of Risk

1. Inherent Risks: You understand that participation in fitness activities, including personal training, group classes, and use of gym equipment, carries inherent risks of bodily injury, property damage, or other dangers.
2. Release of Liability: By using any PEAKFIT Studio services (in-person or online), you assume all risks associated with exercise and physical activity and expressly release and discharge PEAKFIT Studio, its owners, employees, contractors, and representatives from any and all liability for claims or damages arising out of your participation, including personal injury, illness, property damage, or any other loss.
3. Voluntary Participation: You agree that your participation in any PEAKFIT Studio class, session, or event is entirely voluntary. You are strongly encouraged to consult with a healthcare professional before engaging in any new exercise or nutrition program.

15. Disclaimer of Warranties

1. “As-Is” Basis: The Website and all services, content, and products provided through it are offered on an “as-is” and “as-available” basis, without warranties of any kind—express or implied.
2. No Guarantee of Error-Free Experience: We do not warrant that the Website will be secure, error-free, uninterrupted, or free of viruses or other harmful components.
3. No Professional Advice: Any wellness, nutrition, or fitness advice provided on or through the Website is for informational purposes only and does not constitute medical or professional advice. Always consult a qualified healthcare provider.

16. Limitation of Liability

1. No Liability for Damages: To the fullest extent permitted by law, in no event shall PEAKFIT Studio, its officers, employees, agents, or affiliates be liable for any indirect, consequential, special, incidental, or punitive damages arising out of or related to your use or inability to use the Website or services.
2. Maximum Liability: In jurisdictions that do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, our liability will be limited to the greatest extent permitted by law, but in no event shall it exceed the amount you paid to PEAKFIT Studio in the preceding six (6) months.
3. Assumption of Risk: You understand that participation in fitness or wellness activities involves inherent risks. You assume all responsibility for any injury or harm resulting from participation in our workouts, classes, or programs.

17. Indemnification

You agree to indemnify, defend, and hold harmless PEAKFIT Studio and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses—including reasonable attorneys’ fees—arising out of or in any way connected with your use of the Website, violation of these Terms, or infringement of any third-party rights.

18. Personal Property & Facility Use

1. Personal Belongings: You are responsible for securing any personal belongings (e.g., bags, wallets, phones) brought to our facility or classes. We are not liable for lost, stolen, or damaged personal items.
2. Facility Rules: You agree to abide by all posted rules and regulations at our gym or training location, including those related to equipment use, safety protocols, and hygiene.
3. Conduct: We reserve the right to refuse entry or remove individuals who engage in disruptive, dangerous, or inappropriate behavior.

19. Data Protection & Privacy

1. Collection and Use: We collect, use, and share personal information in accordance with our Privacy Policy.
2. Security Measures: While we implement reasonable security measures to protect your information, no method of transmission or electronic storage is entirely secure. We cannot guarantee absolute security.
3. Data Retention: Your personal data is retained only as long as is necessary for the purposes outlined in our Privacy Policy or as required by law.

20. Termination & Suspension

1. Right to Terminate: We reserve the right, at our sole discretion, to suspend or terminate your account or access to the Website at any time, with or without notice, for any violation of these Terms or applicable law.
2. Effect of Termination: Upon termination, your right to access or use the Website and services will cease immediately. Sections of these Terms that by their nature should survive termination shall continue in effect (e.g., limitation of liability, indemnification).

21. Governing Law, Local Law Variations & Dispute Resolution

1. Governing Law: These Terms are governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to conflict of law provisions.
2. Local Law Variations: If you access or use our Website or services from outside North Carolina, you are responsible for compliance with all local laws that may apply to you. In the event such local laws prohibit or limit any provisions herein, those provisions shall apply to the maximum extent permitted by law.
3. Disputes: Any dispute or claim arising out of or in connection with these Terms shall be resolved through negotiation in good faith. If unresolved, the dispute shall be settled by binding arbitration in North Carolina, in accordance with the rules of the American Arbitration Association.
4. No Class Actions: You and PEAKFIT Studio agree that all claims will be brought only in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
5. Injunctive Relief: Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction for matters related to data security or intellectual property infringement.

22. Changes to These Terms

We may update or modify these Terms from time to time for operational, legal, or regulatory reasons. When we do, we will post the revised version on the Website with a new “Effective Date.” Your continued use of the Website after such modifications indicates your acceptance of the revised Terms. Please review these Terms regularly.

23. Entire Agreement

These Terms, along with our Privacy Policy and any additional rules or policies referenced herein, constitute the entire agreement between you and PEAKFIT Studio regarding your use of the Website and services. They supersede any prior or contemporaneous understandings or agreements.

24. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to make it valid, and the remaining provisions shall remain in full force and effect.

25. No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of PEAKFIT Studio.

26. Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms without restriction.

27. Force Majeure

PEAKFIT Studio shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, or interruptions in Internet services.

28. Contact Us

If you have any questions, concerns, or comments regarding these Terms, please reach out:

PEAKFIT Studio
Email: info@peakfitstudio.com
Phone: (828) 844-8585
Address: 100 Julian Ln, Arden, NC 28704

We appreciate your cooperation and thank you for choosing PEAKFIT Studio. We hope you enjoy your fitness, nutrition, and wellness journey with us!

Last Updated: January 11, 2025