Terms of Service

Welcome to RD1 Fitness (“RD1 Fitness,” “RD1,” “Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website, booking systems, communications, and other online services, as well as your booking of and participation in classes, free first classes, memberships, challenges, events, and other programs offered by RD1 Fitness.

RD1 Fitness is located at 901 N Tryon St Suite D, Charlotte, NC 28206.

By using our website or services, creating or accessing an account, booking a class, purchasing a membership, making a payment, or otherwise engaging with RD1 Fitness, you agree to these Terms. If you book on behalf of another person, you represent that you are authorized to provide their information and any required consents.

Specific programs may also be subject to additional written or electronic terms, including membership agreements, payment authorizations, cancellation policies, waivers, releases, consent forms, and gym rules. Those additional documents are incorporated by reference when applicable.

If a program-specific agreement or separately signed waiver conflicts with these Terms, the more specific agreement will control with respect to the subject it addresses.

By booking a class or creating an account, you represent that:

• The information you provide is accurate and complete to the best of your knowledge.
• You are authorized to complete applicable acknowledgments, waivers, and consent forms.
• You will keep your contact and emergency contact information reasonably current.
• You are responsible for your own booking information, agreements, and account activity.

Booking and Availability

Booking a free first class, class, challenge, event, or other program is subject to availability, class capacity, staffing, safety considerations, and any program-specific requirements.

Submitting a form, requesting a free first class, joining a waitlist, or making an inquiry does not guarantee a spot unless RD1 Fitness confirms the booking.

Class Recommendations and Modifications

Coaches may recommend a different class format, pace, weight, or modification when reasonably appropriate for your experience level or safety.

Schedules and Program Changes

Class times, coaches, class formats, events, and schedules may change due to enrollment, staffing, facility needs, weather, emergencies, safety considerations, or other operational circumstances.

If RD1 Fitness cancels or materially changes a paid program, any available makeup, credit, rescheduling, or refund will be handled according to the applicable membership agreement or program policy.

Program Fees

Prices, membership dues, class package fees, event fees, and other charges will be disclosed through the applicable booking process, written agreement, invoice, payment link, or program materials.

You agree to pay all charges you authorize in accordance with the payment terms presented when you book or purchase a service.

Recurring Payments

If you purchase a membership that uses recurring billing, your payment method may be charged according to the recurring payment authorization and billing schedule presented at purchase. Any cancellation or change to recurring billing must follow the applicable membership or cancellation policy.

Payment Processing

Payments may be processed through third-party payment processors or booking platforms, such as Mindbody, or through invoices, payment links, or checkout pages provided by our customer relationship management platform, GoHighLevel (operated by HighLevel, Inc.), and its connected payment processors. Your use of those services may also be subject to the processor’s or platform’s terms and privacy practices.

Failed or Past-Due Payments

If an authorized payment is declined, reversed, disputed, or otherwise not completed, we may contact you for an updated payment method and may restrict future bookings or gym access as permitted by the applicable membership agreement and law.

Refunds, Credits, and Makeups

Refunds, account credits, makeup classes, membership freezes, missed-class treatment, and other payment adjustments are governed by the policy applicable to the specific membership or program. Unless RD1 Fitness confirms otherwise in writing, requesting or receiving information through the website does not modify those policies.

Requirements for canceling a class booking, membership, event, or other program may vary. You are responsible for following the cancellation procedure communicated at booking or contained in the applicable agreement.

If a membership agreement requires written notice or another specific cancellation method, simply discontinuing attendance may not satisfy that requirement.

Missed classes, late arrivals, late cancellations, vacations, illness, or other scheduling issues may not automatically qualify for a refund, credit, or makeup. Any available accommodation will be determined under the applicable policy.

Members and participants are expected to:

• Provide accurate booking, contact, and emergency information.
• Follow gym rules, class procedures, and reasonable safety instructions.
• Treat coaches, staff, members, and visitors respectfully.
• Use weights, cardio machines, and other equipment only as directed.
• Tell a coach about injuries, restrictions, or other needs relevant to safe participation.
• Arrive prepared for class with appropriate clothing, footwear, and water.

RD1 Fitness may restrict or suspend participation when reasonably necessary to address safety concerns, disruptive conduct, repeated rule violations, non-payment, or material violations of an applicable agreement.

Strength and conditioning, cross-training, high-intensity interval training, cardio, sports clinics, stretching, and related physical activities involve inherent risks. These risks can include falls, overuse injuries, muscle strains, sprains, fractures, cardiovascular events, and other minor or serious injuries.

Participation may require completion of a separate assumption-of-risk acknowledgment, waiver, release, or other consent document. These Terms do not replace any separately executed waiver or release. Any such document will be interpreted according to its own terms and applicable law.

Participants should follow coach instructions, work at a level appropriate for them, and communicate pain, injury, illness, or safety concerns when they arise. You are responsible for determining whether medical advice or clearance should be obtained before participation.

RD1 Fitness coaches and staff do not provide medical diagnosis or treatment.

You are responsible for providing accurate emergency contact information and for updating relevant health, injury, accessibility, or accommodation information that you choose or are required to provide for safe participation.

If a participant appears to require urgent assistance, RD1 Fitness may contact the participant’s emergency contact, call emergency medical services, or take other reasonable steps consistent with applicable law.

Any separate medical authorization or emergency consent form completed for a participant will govern the permissions specifically addressed in that form.

You are responsible for maintaining the confidentiality of your username, password, and other login credentials, including for booking accounts and any member portal or app we provide, and for activity occurring through your account. Please notify RD1 Fitness promptly if you believe an account has been accessed without authorization.

You agree not to:

• Use the website or booking tools for unlawful, fraudulent, abusive, or harmful purposes.
• Attempt to gain unauthorized access to accounts, systems, servers, or information.
• Interfere with the security, availability, or operation of the website.
• Upload malicious code, viruses, or other harmful material.
• Scrape, harvest, copy, or collect non-public member information without authorization.
• Impersonate another person or misrepresent your authority to act for someone else.
• Use another person’s login credentials without authorization.
• Submit forms, bookings, or messages in bulk or by automated means, or submit false or spam entries.
• Reverse engineer, bypass, or interfere with security or access-control features except where such restriction is prohibited by law.

We may suspend or terminate online access when we reasonably believe an account is being misused or presents a security risk.

When you submit forms, complete electronic bookings, select checkboxes, provide electronic consent, make online payments, or otherwise interact with our digital systems, you agree that electronic records and communications may be used in connection with those transactions to the extent permitted by law.

Where an electronic signature or acknowledgment is requested, including on forms, waivers, or agreements delivered through Mindbody or GoHighLevel, your electronic action is intended to have the same effect as a handwritten acknowledgment to the extent permitted by applicable law.

You are responsible for providing accurate contact information so that we can send booking confirmations, account notices, schedule information, policy updates, and other service-related communications.

Program Description

If you provide your mobile number and opt in to text messaging, RD1 Fitness may send messages relating to free first classes, bookings, class reminders, schedule changes, closures, events, account information, customer support, gym announcements, and promotional offers. Text messages are sent through our customer relationship management platform, GoHighLevel, and its messaging carriers.

Consent

Consent to receive marketing text messages is not a condition of purchasing goods or services. The person providing the mobile number represents that they are authorized to provide consent for that number.

Opt Out

You may reply STOP to cancel applicable SMS messages. After an opt-out request is processed, you may receive a final confirmation message. If you later wish to receive messages again, you may opt in again through an available signup method.

Support

Reply HELP for assistance or contact us at fitnesszay@gmail.com or (570) 426-3179.

Message Frequency, Rates, and Carriers

Message frequency varies. Message and data rates may apply. Wireless carriers are not responsible for delayed or undelivered messages.

Mobile Information

Mobile information and text messaging consent information will not be shared with third parties or affiliates for their own marketing or promotional purposes. Information may be shared with service providers that support the delivery and operation of our messaging services, such as GoHighLevel.

See our SMS Terms and Privacy Policy for more detail.

Classes, events, challenges, community activities, and other gym activities may be photographed or recorded.

Use of a participant’s image, likeness, video, or other identifiable media for public marketing, advertising, social media, website content, or promotional materials will be governed by applicable registration terms, media releases, or permissions.

Unless otherwise stated, the website, its design, text, graphics, logos, photographs, videos, class names, digital materials, and other content provided by RD1 Fitness are owned by or licensed to RD1 Fitness and are protected by applicable intellectual property laws.

You may use website content for personal, non-commercial purposes related to your participation with RD1 Fitness. You may not reproduce, distribute, sell, publish, modify, or commercially exploit our content without permission, except as permitted by law.

Materials you provide to us remain subject to your applicable ownership rights. You grant us the limited rights reasonably necessary to host, store, process, display, or otherwise use those materials to provide the service or function for which they were submitted. Public promotional use of participant photos or videos remains subject to applicable media permissions.

Our website and operations may rely on third-party providers for booking, scheduling, payment processing, hosting, analytics, communications, video, social media, partner offers, or other services.

These providers include Mindbody, which we may use for class schedules, bookings, and memberships, and GoHighLevel (operated by HighLevel, Inc.), which we use as our customer relationship management platform. GoHighLevel may power website forms, appointment calendars, chat widgets, email and text messaging, automated reminders and follow-ups, invoices and payment links, and member records.

Third-party services may have their own terms, privacy policies, availability requirements, and technical limitations. RD1 Fitness does not control independently operated third-party platforms and is not responsible for their separate terms, policies, outages, or acts except to the extent required by applicable law.

Links to third-party websites are provided for convenience and do not necessarily constitute endorsement of all content, products, services, or policies offered by those third parties.

Your use of our website, booking tools, and services is also governed by our Privacy Policy.

By using our services, you acknowledge that information may be collected and processed as described in the Privacy Policy and any additional notices presented during booking or account creation.

No Guaranteed Results

Fitness results vary by person. RD1 Fitness does not guarantee specific weight loss, body composition changes, performance improvements, athletic outcomes, or other fitness results.

Website Information

We attempt to keep website information accurate and current, but schedules, pricing, availability, coach assignments, class descriptions, and other information may change. If website information conflicts with a current membership agreement or direct written communication from RD1 Fitness concerning a specific purchase, the more specific current information will control.

Online Services

To the maximum extent permitted by law, our website and online services are provided on an “as available” basis. We do not guarantee uninterrupted or error-free operation, compatibility with every device or browser, or that every technical issue will be corrected immediately.

Nothing in these Terms excludes warranties, rights, or remedies that cannot lawfully be excluded.

We may suspend or terminate website, booking, or program access when reasonably necessary because of:

• A material violation of these Terms or another applicable agreement.
• Unauthorized or fraudulent account activity.
• Non-payment or reversed payments, subject to applicable membership terms.
• Conduct that presents a safety concern or materially disrupts classes or operations.
• Legal or regulatory requirements.

Any financial consequences of cancellation, suspension, or termination from a paid program will be determined by the applicable membership, cancellation, or payment agreement and applicable law.

To the maximum extent permitted by applicable law, RD1 Fitness will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising solely from the use of, or inability to use, our website or booking tools.

Liability relating to physical participation in classes or other programs may also be addressed by separate waivers, releases, membership agreements, insurance requirements, and applicable law. Nothing in these Terms is intended to waive or limit liability that cannot lawfully be waived or limited.

To the extent permitted by law, you agree to be responsible for claims, losses, or expenses arising from your unlawful misuse of the website, your unauthorized access to another person’s information, your violation of these Terms, or materials you submit that infringe the rights of another person.

This provision does not require you to indemnify RD1 Fitness for matters that cannot lawfully be shifted to you under applicable law.

Informal Resolution

Before initiating formal legal proceedings concerning these Terms, you and RD1 Fitness agree to make a good-faith effort to resolve the dispute directly, except when immediate legal relief is reasonably necessary.

Governing Law

These Terms are governed by the laws of the State of New Hampshire, without regard to conflict-of-law principles, except where another law must apply.

Venue

Subject to any different dispute-resolution provision contained in a separately executed agreement, legal proceedings concerning these Terms will be brought in a court of competent jurisdiction serving Hillsborough County, New Hampshire, to the extent permitted by law.

Entire Agreement

These Terms, our Privacy Policy, and any applicable membership agreement, payment authorization, waiver, release, consent form, or other program-specific agreement constitute the applicable agreement between you and RD1 Fitness concerning the matters they address.

Order of Precedence

If these Terms conflict with a more specific written or electronic agreement governing a particular program, payment arrangement, waiver, release, or booking, the more specific agreement will control with respect to that conflict.

Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

No Waiver

Our failure to enforce a provision of these Terms on one occasion does not waive our right to enforce that provision or another provision later.

Assignment

You may not transfer your membership or account or assign your rights under these Terms to another person without our permission, except where applicable law provides otherwise. RD1 Fitness may transfer its rights or obligations in connection with a merger, sale, restructuring, or transfer of the business, subject to applicable law.