Palm Life Elite Fitness LLC

Introduction

These Terms of Service (the "Terms") constitute a binding legal agreement between you ("Client," "Participant," "you," or "your") and Palm Life Elite Fitness LLC, a limited liability company organized and existing under the laws of the State of Florida ("Palm Life Elite Fitness,", "Business", "we," "us," or "our"). By engaging in any services, programs, sessions, or activities provided by Palm Life Elite Fitness, whether in person or online, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as any additional agreements or addenda incorporated herein.

Palm Life Elite Fitness LLC does NOT own or operate any facility or equipment. ALL training sessions may be conducted in facilities owned and operated by third parties, and you agree to abide by ALL rules and policies of such facilities as a condition of participation.

1. Definitions: For the purposes of these Terms:
   • "Client" or "Participant" means any individual who purchases, enrolls in, registers for, or otherwise engages in Services provided by Palm Life Elite Fitness LLC.
   • "Trainer" means any employee, independent contractor, or representative of Palm Life Elite Fitness LLC authorized to provide Services.
   • "Services" means all fitness training, coaching, education, consultations, digital content, and related activities offered by Palm Life Elite Fitness LLC.
   • "Facility" means any gym, studio, or other location where Services are conducted, which may be owned, operated, or controlled by a third party.
   • "Agreement" means these Terms of Service, the Waiver of Liability, Facility Use Addendum, Client Information Packet, and any other documents required before participation (see section 4).
2. Health & Medical Disclaimer:
   • Palm Life Elite Fitness strives to provide accurate, research-based fitness information. However, all content and Services are provided for educational and informational purposes only and are NOT intended todiagnose, treat, or prevent any health condition. Palm Life Elite Fitness does not provide medical advice.
   • You are encouraged to consult a licensed physician or healthcare professional BEFORE beginning any fitness program or using the information provided.
3. Mandatory Agreement Prior to Participation:
   • NO Client or Participant may engage in Services UNTIL ALL required documents are fully completed and signed, including but not limited to the following:
     • Terms of Service
     • Waiver of Liability
     • Privacy Policy
     • Client Information Packet
4. Assumption of Risk: By participating in Services, you acknowledge that:
   • Fitness activities involve inherent risks, including but not limited to injury, illness, or death.
   • Risks may result from strenuous physical activity, equipment use, pre-existing conditions, accidents, or the actions of others.
   • You voluntarily assume all such risks and accept full responsibility for your health, safety, and well-being.
5. Limitation of Liability:
   • To the fullest extent permitted by law, YOU AGREE to release, waive, and hold harmless Palm Life Elite Fitness, its owners, trainers, employees, contractors, and affiliates from any and all liability, claims, demands, or causes of action arising out of or related to participation in Services.
   • This includes injury, illness, death, or damages sustained during or in connection with Services, regardless of location. This limitation applies whether claims arise from negligence, breach of contract, or otherwise, EXCEPT in cases of gross negligence or willful misconduct by Palm Life Elite Fitness.
6. Facility Use & Rules:
   • Facility Disclaimer: Palm Life Elite Fitness does not own, operate, or maintain the Facilities or equipment used for Services. We do not conduct safety inspections or repairs. Clients agree that Palm Life Elite Fitness is not responsible for the condition, safety, or maintenance of Facilities or equipment.
   • Facility Rules & Conduct: You agree to follow all rules, policies, and protocols of the Facility, including those related to attire, hygiene, equipment use, and safety. Palm Life Elite Fitness reserves the right to terminate any session or program for violations of Facility rules.
   • Gym Membership or Facility Access: Participation in Palm Life Elite Fitness programs requires access to a fitness facility. Palm Life Elite Fitness does not provide or pay for gym memberships, day passes, or other facility access fees. These costs are the sole responsibility of the Client. Program fees paid to Palm Life Elite Fitness are for training and coaching services only and do not include any facility-related charges.
7. Scheduling, Cancellations & Attendance:
   • Palm Life Elite Fitness may reschedule or cancel sessions due to emergencies, trainer availability, or Force Majeure events (see Section 12).
   • Clients must provide reasonable notice when canceling or rescheduling.
   • Excessive cancellations, late arrivals, or no-shows may result in forfeiture of the session or program without refund.
8. Intellectual Property:
   • All content, materials, and design elements created or provided by Palm Life Elite Fitness (text, graphics, videos, programs, etc.) are the intellectual property of Palm Life Elite Fitness, unless otherwise noted.
   • Some materials may be licensed for use by Palm Life Elite Fitness under appropriate agreements but are not owned by the business.
   • You may not copy, reproduce, distribute, or create derivative works without prior written consent.
   • Unauthorized use may result in legal action.
9. Payments:
   • Palm Life Elite Fitness DOES NOT accept online payments or enter into automated contracts through this website.
   • ALL financial arrangements MUST be handled directly with Palm Life Elite Fitness.
10. Client Responsibilities & Medical Clearance:
    • Clients are responsible for providing accurate health information and disclosing any pre-existing conditions to their healthcare provider BEFORE engaging in Services.
    • By participating, you AFFIRM that you are physically capable of engaging in fitness activities and that you WILL seek medical clearance when appropriate.
11. Force Majeure:
    • Palm Life Elite Fitness shall NOT be held liable or deemed in breach of these Terms for any failure or delay in performance caused by circumstances beyond its reasonable control, including but NOT limited to natural disasters, pandemics, labor disputes, governmental restrictions, equipment failure, or other unforeseeable events .
12. Dispute Resolution: In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services provided:
    • Informal Resolution First: The parties agree to first attempt to resolve the matter informally through good-faith discussions.
    • Mediation: If the matter cannot be resolved informally, the parties shall submit the dispute tomediation with a mutually agreed mediator in the State of Florida.
      • Mediation Costs: The parties agree to share equally the costs of mediation, including mediator fees and administrative expenses.
      • Each party shall remain responsible for its own attorney's fees, travel expenses, and related costs.
    • Arbitration: If mediation does not resolve the dispute, the matter shall be resolved through binding arbitration in Florida, administered under the rules of the American Arbitration Association (AAA) or a similar neutral body.
      • Arbitration Costs: The parties agree to share equally the costs of arbitration, including arbitrator fees and administrative expenses.
      • Each party shall be responsible for its own attorney's fees, expert witness costs, and related expenses, unless otherwise required by law or awarded by the arbitrator.
    • Waiver of Jury Trial and Class Action: Both parties expressly waive the right to a jury trial or to participate in a class action, to the fullest extent permitted by law.
13. Governing Law:
    • These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
14. Service Location & Availability:
    • Palm Life Elite Fitness LLC provides in-person personal training services ONLY.
    • We do NOT offer online, virtual, or remote training services.
    • All Services are provided exclusively in Summerfield, Florida, and at designated third-party facilities within this area.
    • Participation in our programs requires physical presence at the approved training location(s).
15. Modification of Services & Programs:
    • Palm Life Elite Fitness LLC reserves the right to modify, change, discontinue, or update ANY Services, programs, schedules, pricing, or policies at ANY time, with or without notice.
    • Such changes will NOT affect Services already in progress UNLESS NECESSARY for safety, legal compliance, or due to circumstances beyond our control.
16. Communications & Text Messaging:
    • By providing your phone number, you consent to receiving communications from Palm Life Elite Fitness, including but not limited to:
      • Scheduling reminders
      • Confirmations
      • Important updates
    • Standard text messaging and data rates may apply, depending on your mobile carrier and plan. Palm Life Elite Fitness is NOT responsible for any such charges.
    • You may opt out of text communications at ANY time by notifying us directly. Contact information is location below this page.
17. Contact:
    For questions or concerns, contact:
    
    Email: [email protected]
    Phone: 352-775-1644