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Terms & Conditions

Effective date: August 22, 2024

These Terms and Conditions ("Terms") govern your use of the website located at https://evolvefitclub.com, related mobile applications, and any online services provided by EF Studios LLC (do-business-as Evolve Fitness Studio, “Evolve,” “we,” “us,” or “our”). By accessing or using the Website, clicking an “I accept” or similar acceptance button, or by registering for services, you agree to be bound by these Terms. If you do not agree, do not access or use the Website or register for services.

 

1. Who may accept these Terms / Minor guardianship

By accepting these Terms you represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction, if different). If you are accepting these Terms on behalf of a minor, you represent that you are that minor’s legal guardian and you accept and agree to these Terms on the minor’s behalf. It is your responsibility to ensure the minor complies with these Terms.

2. Accounts, passwords and security

When you register on the Website, you may create an account and password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to: (a) notify us immediately of any unauthorized use of your account or any other breach of security; and (b) ensure you log out of your account at the end of each session if using a shared device. We may suspend or terminate accounts that we reasonably believe are compromised or in violation of these Terms.

3. Use of the Website — scope, restrictions, and permitted use

The Website and its content (including text, images, recipes, exercise programs, videos, software, logos and trademarks) are owned or licensed by Evolve. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Website for personal, non-commercial purposes only. You must not:

  • reproduce, copy, distribute, modify, publicly display, or create derivative works of Website content except as expressly permitted by these Terms or with our prior written permission;

  • use the Website or its content to advertise, sell or promote third-party services or products without our prior written consent;

  • create accounts using automated means, scrape, systematically download, or otherwise circumvent intended access controls;

  • impersonate another person or misrepresent your affiliation with any person or entity.

We reserve the right to monitor usage and to suspend or terminate access if we reasonably suspect misuse or breach.

4. Health, medical advice, and fitness guidance — disclaimer and warning

The content on the Website is for informational and educational purposes only. It is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Before beginning any exercise, nutrition or lifestyle program, you should consult a qualified healthcare professional—especially if you:

  • are pregnant, breastfeeding, or planning to conceive;

  • have or suspect you have a medical condition, chronic illness, or injury (including but not limited to cardiovascular disease, diabetes, respiratory conditions, joint or bone conditions);

  • have had recent surgery, are recovering from an injury, or are taking prescription medications;

  • are elderly, have a low body mass index, or have eating disorders.

You assume the risk of participating in fitness activities and using the information provided on the Website. We do not provide supervision or individualized medical advice unless specifically agreed in writing. To the maximum extent permitted by law, Evolve disclaims liability for personal injury, death, or other loss arising from your use of the Website or participation in any activities informed by content on the Website.

5. Nutritional information

Any recipes, meal plans or nutritional content on the Website are general in nature and sourced from third parties or aggregated databases. Nutrient values may vary by brand, preparation, season, and other factors. Do not rely on nutritional content without independent verification if you have dietary restrictions or medical needs. If required, consult a registered dietitian or qualified nutrition professional.

6. Third-party content and links

The Website may contain links to third-party websites, services, and content. Those links are provided for convenience only. We do not control and are not responsible for third-party content or practices. Your use of third-party sites is at your own risk and subject to the third party’s terms and privacy policies.

7. Communications & Text Messaging (SMS)

7.1 SMS and mobile communications

By providing a phone number and opting in, you expressly consent to receive text messages and other mobile communications from Evolve concerning bookings, appointment reminders, account notifications, and—only if you separately opt in—marketing and promotional messages.

7.2 Consent and automatic dialing

Where required by law (including the U.S. Telephone Consumer Protection Act), we will obtain any required prior express consent to send marketing texts. Messages may be sent using an automatic telephone dialing system or an artificial or prerecorded voice.

7.3 Message frequency and charges

Message frequency varies. Message and data rates may apply depending on your mobile plan—check with your carrier for details.

7.4 How to opt out and get help

To stop receiving marketing text messages, reply STOP to any marketing message. After you reply STOP, we will no longer send marketing texts to that number, though you may continue to receive transactional or account-related messages unless you also opt out of those. For help or more information, reply HELP to a text message or contact privacy@evolvefitclub.com or (973) 352-0933.

7.5 Revocation of consent

You may revoke consent for marketing messages at any time via the methods above, by changing your account preferences, or by contacting us. Revoking consent does not affect the lawfulness of prior processing or the delivery of necessary transactional messages.

7.6 Third-party delivery

We use third-party vendors to deliver SMS messages. Those vendors will process phone numbers and message content as needed to provide delivery services, and we require them to process data only on our instructions and to take reasonable security measures.

8. Privacy and personal information

Our collection and use of personal information is described in our Privacy Policy, available at: https://www.evolvefitclub.com/privacy-policy. By using the Website and registering for services you consent to the collection, use and disclosure of personal information as described in that Privacy Policy.

9. Payments and third-party processors

All payments are processed through third-party payment processors. We do not store full payment card information on our servers. Your use of payment services is subject to the terms and privacy policies of the applicable third-party payment provider.

10. Contests and promotions

Contests or promotions announced on the Website are subject to additional terms and rules which may be posted with each promotion. Those rules govern eligibility, judging, prizes and timelines. We reserve the right to cancel or modify any promotion where permitted by law.

11. Intellectual property

All intellectual property rights in and to the Website and its content are owned by or licensed to Evolve (or third-party rights holders). You may not use our trademarks, logos or other proprietary content without our prior written consent. Unauthorized use may result in termination of access and other legal remedies.

12. Limitation of liability and indemnity

12.1 Limitation of liability

To the maximum extent permitted by applicable law, Evolve, its affiliates, officers, directors, employees, agents and licensors will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages (including loss of profits, revenue, data or goodwill), even if we have been advised of the possibility of such damages, arising out of or in connection with your access to or use of the Website or any content thereon.

12.2 Indemnity

You agree to indemnify and hold harmless Evolve and its affiliates, officers, directors, employees and agents from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your breach of these Terms; (b) your use of the Website; (c) your violation of any law or the rights of a third party; or (d) User Content you submit.

13. Termination and suspension

We may refuse registration or suspend or terminate your access and/or membership at our sole discretion, including for violations of these Terms or if your conduct is harmful to us or other users. Termination does not relieve you of obligations incurred prior to termination, including payment obligations and the survival of provisions intended to survive termination (such as indemnity, limitation of liability, and intellectual property provisions).

14. Severability and waiver

If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of these Terms will remain in full force and effect. Our failure to exercise or enforce any right or provision will not constitute a waiver of such right.

15. Governing law and jurisdiction

These Terms are governed by the laws of the State of New Jersey without regard to conflict of law principles. You agree to submit to the non-exclusive jurisdiction of the courts located in Millburn, New Jersey for any disputes arising under these Terms.

16. Updates to these Terms

We may modify these Terms at any time by posting the revised Terms on the Website and updating the “Effective date.” Where a change is material and may adversely affect your rights, we will provide additional notice when reasonably possible. Continued use of the Website after such changes constitutes acceptance of the revised Terms.

17. Personal information collection notice (summary)

When you register or use the Website you may provide personal information (including health or fitness information necessary for service delivery). If you do not provide required information, we may not be able to provide certain services. We may disclose personal information to contractors and service providers (payment processors, scheduling and communication vendors) who perform services on our behalf, consistent with our Privacy Policy.

18. Contact information

If you have questions about these Terms, or wish to make a legal request regarding the Website or your personal data, contact:

Evolve Fitness Studio (EF Studios LLC)
116 Essex St.
Millburn, NJ 07041
Phone: (973) 352-0933
Email: info@evolvefitclub.com
Website: https://www.evolvefitclub.com

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