TERMS OF SERVICE

 

SmoothGainz LLC – Membership & Training Terms and Conditions

This agreement is entered into between SmoothGainz LLC  and the undersigned member (“Client”). By signing below, both parties agree to the following terms:

SECTION A: Gym Membership Terms

  • All memberships require 30 days’ written notice through the submission of  SmoothGainz cancellation form for any changes, including payment date adjustments, cancellations, or account freezes. Other forms of communication are not valid for cancellation.

  • Membership freezes are limited to three times per calendar year, and each freeze may not exceed a 4-month total duration.

  • Paid-in-full memberships are non-refundable.

  • The SmoothGainz Cancellation form is required to stop billing. Payments will continue to accrue until SmoothGainz LLC formal cancellation form is submitted and access to the gym will remain available.

SECTION B: Personal Training Terms

  • All training programs require 30 days’ written cancellation notice through the submission of SmoothGainz Cancellation form.  Other forms of communication to cancel are not valid.

  • 12-month training agreements are binding unless the remaining balance is paid in full or a signed doctor’s note is provided stating you are medically unable to continue training.

  • All scheduled personal training sessions require at least 24 hours’ notice for cancellation or rescheduling. Sessions canceled with less than 24 hours’ notice will be forfeited and counted as used.

  • Your training subscription includes a set number of sessions per month, based on your selected plan. These sessions must be used within the same billing month and do not roll over to future months.

  • SmoothGainz LLC does not guarantee trainer availability beyond originally scheduled times. Make-up sessions are not guaranteed and are subject to availability at the trainer's discretion.

SECTION C: Online Coaching & App Access Terms

  • Online training is provided through a third-party app and includes digital workouts, check-ins, and resources based on your selected plan.

  • Online training is non-refundable once access is granted, regardless of usage.

  • It is the client’s responsibility to complete workouts and submit check-ins. Missed check-ins or inactivity do not qualify for credit or refund.

  • All digital content is the intellectual property of SmoothGainz LLC and may not be copied, distributed, or reused without written permission.

  • SmoothGainz LLC is not liable for outages, app crashes, or technical disruptions. Reasonable efforts will be made to resolve such issues promptly.

SECTION D: Billing Authorization & Collection

  • I authorize SmoothGainz LLC to charge my credit/debit card or bank account on a recurring basis as outlined in my plan.

  • This authorization remains in effect until I cancel by submission of the SmoothGainz cancellation form, providing at least 30 days' notice prior to the next billing date.

  • If the billing date falls on a weekend or holiday, it may be processed on the next business day.

  • I am an authorized user of the listed payment method and will not dispute charges made in accordance with this agreement.

  • In the event of non-payment, I agree to pay all costs of collection, including up to 35% in collection agency fees, court costs, and reasonable attorney’s fees.

  • SmoothGainz LLC may report delinquent accounts to credit bureaus or forward them to a licensed collection agency.

  • I understand that verbal requests, emails, texts, or social media messages do not constitute valid cancellation. No refunds will be issued for charges incurred prior to proper cancellation.

SECTION E: Legal Terms & Disclaimers

  • This agreement shall be governed by the laws of the State of Montana, and any disputes shall be resolved in Yellowstone County, Montana.

  • I understand that SmoothGainz LLC makes no guarantees of specific results related to fitness progress or health outcomes.

  • I agree that SmoothGainz LLC is not liable for circumstances beyond its control, including but not limited to illness, natural disasters, app failure, or government-mandated closures (“Force Majeure”).

  • If any part of this agreement is found unenforceable, the remainder shall remain valid and in effect (Severability Clause).

  •  I,  [first_name] [last_name],  have had sufficient opportunity to read this  document in full.  I,  [first_name] [last_name].  have read and understood it and I agree to be bound by its terms.

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