Terms & Conditions

  Welcome to the online member portal of Everyday Fitness, LLC (“Everyday Fitness”). Everyday Fitness is pleased to make the web sites located at everydayfitnessclinton.com (the “Sites”) available for your use and benefit. By using the Sites you agree to be bound by the Terms of Use set forth below. Use of the Sites is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Sites and may not use the Sites.  These Terms of Use apply to your access to and use of the Sites and do not alter in any way the terms and conditions of any other agreement you may have with Everyday Fitness, unless otherwise directed by Everyday Fitness. If you breach any of these terms and conditions, your authorization to use the Sites automatically terminates and you must immediately discontinue use of the Sites.  Collection of Visitor Information  Any information collected at the Sites is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Sites, you may be required to register with Everyday Fitness through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.  Copyright  All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of Everyday Fitness or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Everyday Fitness and protected by U.S. and international copyright laws. Everyday Fitness grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited.  Trademarks  The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of Everyday Fitness and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the Trademark owner. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.  Other Intellectual Property  All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Everyday Fitness. Any use of these rights without the prior written permission of Everyday Fitness is strictly prohibited.  Accuracy  Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Everyday Fitness reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Everyday Fitness discovers price errors, they will be corrected on Everyday Fitness’s systems, and the corrected price will apply to your order.  Disclaimer of Warranties  THE SITES AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EVERYDAY FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EVERYDAY FITNESS MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. EVERYDAY FITNESS MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITES.  YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.  Limitation of Liability  IN NO EVENT SHALL EITHER EVERYDAY FITNESS OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.  Under no circumstances whatsoever shall Everyday Fitness’s aggregate liability resulting from or relating to your use of the Sites exceed One Dollar ($1.00).  Prohibited Activities & Visitor Obligations  As a visitor or user of the Sites you shall not:  violate any applicable law or regulation;  upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;  Post any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;  impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;  engage in any activities or manipulate identifying material to misrepresent the origin of content;  Post any content that is subject to any disclosure restrictions;  Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;  Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;  use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;  Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;  interfere with or otherwise limit the use of the Sites by other users; or collect, compile, or store personal information about other users of the Sites;  disrupt or interfere with the operation of the Sites by overloading or exceeding the capacity of the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;  disrupt or interfere with the security of, or otherwise cause harm to, the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;  use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Sites or the content contained therein without Everyday Fitness’s prior, express, and written permission; or  use the Sites for commercial purposes.   You agree that you are solely responsible for the Post of any content that you make available on or send through the Sites (“User Content”). In addition to the rights granted to Everyday Fitness elsewhere in these Terms of Use, you hereby grant Everyday Fitness the irrevocable right to copy and use User Content in connection with the Sites and for the purposes related to your Post of the User Content. Although Everyday Fitness has no obligation to screen, edit or monitor any of the User Content or user conduct on the Sites, Everyday Fitness reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Sites at any time and for any reason without notice. Your User Content may be available on the Sites for a limited period of time, as determined by Everyday Fitness in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.  By the Post of User Content to the Sites, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Sites and to grant the rights to Everyday Fitness you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Sites, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.  Indemnification  You agree to indemnify, defend, and hold Everyday Fitness and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that Everyday Fitness incurs or suffers which relate to your use of the Sites, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.  Links to Other Web Sites  The Sites may contain links to other web sites. Additionally, other web sites may contain links to the Sites. Everyday Fitness does not review or monitor the web sites linked to the Sites and Everyday Fitness is not responsible for the content or policies of any other web sites. Any link established by Everyday Fitness does not constitute an endorsement of the other web sites or create a relationship between Everyday Fitness and the operators of other web sites. Everyday Fitness disclaims any liability with respect to your use of any other web site, and you release Everyday Fitness from any liability related to your use of any link to another web site or your use of any other web site. Where the Sites contains a link to another web site owned and/or operated by Everyday Fitness, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.  Changes to Terms of Use  Everyday Fitness may revise these Terms of Use at any time without notice. Any use of the Sites following the date on which changes to these Terms of Use or the Privacy Policy are published on the Sites shall constitute your acceptance of all such changes. You expressly agree that Everyday Fitness shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.  Your Account  If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Everyday Fitness reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.  Anytime Retail  These Terms of Use do not apply to your use of and purchase of products or services from the shop web site (the “Everyday Fitness Retail Site”). Use of and/or purchases from the Everyday Fitness Retail Site are subject to different terms and conditions. Everyday Fitness disclaims any liability with respect to your use of the Everyday Fitness Retail Site, and you release Everyday Fitness from any liability related to your use of the Everyday Fitness Retail Site. Everyday Fitness encourages you to review the return policy and other information on the Everyday Fitness Retail Site prior to making a purchase or using that site.  Payment  You authorize Everyday Fitness and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Everyday  Fitness are nonrefundable, yes.  Fitness Club Owners, Employees, Trainers or Other Contractors  THIS SECTION OF THESE TERMS OF USE APPLY ONLY IF YOU ARE AN EVERYDAY FITNESS CLUB OWNER, EMPLOYEE, OUTSIDE TRAINER OR OTHER CONTRACTOR WHO IS ALSO GIVEN ACCESS TO THE DATA OF OTHER USERS. You may use your ability to access data applicable to other persons (“Member Data”), and use the Member Data that is disclosed to you, solely for the purposes of providing assistance to the other person in that person’s use of the Sites or EVERYDAY FITNESS Club facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. You may not disclose any Member Data to any other person without the prior consent of Everyday Fitness. You acknowledge that in the event any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, Everyday Fitness may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by Everyday Fitness or by a member which are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph.  General Provisions  English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.  Any failure by Everyday Fitness to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.  These Terms of Use shall be governed by the laws of the State of Missouri without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Everyday Fitness, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Missouri (the “Missouri Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Missouri Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Missouri courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.  If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.  Use of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements and you agree not to access the Sites in any such jurisdiction.  You are responsible for compliance with applicable laws.  Submissions  Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Everyday Fitness or a third party provider on the Sites, by a Post or otherwise (collectively, “Submissions”), shall become Everyday Fitness’s property; and you hereby transfer, sell, and assign to Everyday Fitness all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Everyday Fitness has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Everyday Fitness shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.  Promotions & Offers
Offer terms and effective dates will vary by location and offer is valid at participating Everyday Fitness locations only. See a participating location for details. Participation in the program may require purchase of a membership, use of the Everyday Fitness mobile application, and may require consent to receive marketing communications, including email and SMS text messages. By providing your contact information, you consent to be contacted by Everyday Fitness, LLC, its affiliates, master franchisees and/or its franchisees and their authorized designees, through email, telephone, text message, or by other means, some of which may be from an automated service, as well as any other communication described in our Privacy Policy, which can be found at: https://www.everydayfitnessclinton.com/privacy/. For mobile messaging, message and data rates apply and consent is not required to become a member. Data collected will be sent outside your jurisdiction and to the United States and will be governed by our Privacy Policy, as it may be updated or amended. Full terms and conditions can be found at www.everydayfitnessclinton.com or your local Everyday  Fitness location. Each Everyday Fitness location is independently owned and operated. Void where prohibited. ©2021 Everyday Fitness, LLC  Contact  For questions or comments related to the Sites or these Terms of Use, please email us at everydayfitnessclinton@gmail.com  General: The hours of operation will be set by Everyday Fitness and may be changed at any time in its sole discretion. Everyday Fitness expressly reserves the right to add to, eliminate, or alter any program, hours of operation, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. The information on this Agreement is the property of Everyday Fitness. Membership does not confer on Member any ownership interest in Everyday Fitness or any of its property. Rules and regulations: Member acknowledges the existence of and the need for rules and regulations governing use of Everyday Fitness equipment and facilities and participation in programs and services (the “Rules and Regulations”). Member acknowledges receipt of a copy of the Rules and Regulations and agrees to comply with the Rules and Regulations as presently in effect or as they may hereafter be modified, amended or supplemented. Everyday Fitness reserves the right to modify, amend or supplement the Rules and Regulations from time to time in its sole discretion. Everyday Fitness may cancel Member’s membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by Everyday Fitness in its sole discretion, and Member will not be entitled to a refund of any portion of initiation fees or dues paid to the date of cancellation. Notice to Customer: Member may cancel this Agreement at any time before midnight of the third “Operating Day” [Operating Day means any calendar day on which Member may inspect and use the facilities and services during a period of at least eight hours, except holidays and Sundays] after receiving a copy of this Agreement. If Member chooses to cancel this Agreement, Member must either 1) send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested; or 2) personally deliver a signed and dated written notice of cancellation to Everyday Fitness at the address set forth above, Attention: Manager. If Member cancels this Agreement within a three-day period, Member is entitled to a full refund of Member’s money paid to Everyday Fitness. If the third Operating Day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next Operating Day. Refunds must be made within 30 days of receipt of the cancellation notice. If Member dies or becomes permanently disabled after the date this Agreement takes effect, Member or Member’s estate may cancel this Agreement by notice sent by certified mail, return receipt requested, or personally delivered to Everyday Fitness at the address set forth above, Attention: Manager. The facility may require proof of disability or death. Member or Member’s estate is entitled to receive a partial refund of the unused membership fee, less reimbursement for expenses incurred by Everyday Fitness in an amount not to exceed 10% of the total Agreement price. Posting of Petitions, Notices. Etc.: The circulating or posting of a petition, notice, circular or statement of any kind is prohibited in or near Everyday Fitness facilities, unless such a document is first submitted and approved by the management of Everyday Fitness. Liability for personal property: Everyday Fitness shall not be liable to Member or any of Member’s guests or invitees for any personal property that is damaged, lost or stolen while on or around Everyday Fitness premises including, but not limited to, a vehicle or its contents or any property left in a locker. Member shall be liable to Everyday Fitness for any damage to Everyday Fitness facilities or any equipment, furniture or fixture located thereon caused by Member or any Member’s guests or invitees. Payment default: If Member fails to pay any amount when due under this Agreement. Everyday Fitness shall be entitled, at any time in its sole discretion, to suspend or cancel Member’s membership and to require Member to immediately pay all past due balances. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances. Any payments owing from Member to Everyday Fitness that are not received when due shall bear interest at the highest rate permitted by law. If Member fails to pay any amount due to Everyday Fitness when due, Member shall pay all costs and expenses of collection incurred by Everyday Fitness, including reasonable attorney’s fees and expenses. Relocation cancellation: In addition to Members’ rights set forth under “Notice to Customer” on the reverse side of this Agreement, Member may cancel this Agreement if Member permanently moves his or her principal residence to a location that is more than 30 miles from the location of the facility. Member will need to provide proof of relocation to a new permanent location beyond thirty (30) mile radius, accompanied by a thirty (30) day written notice to Everyday Fitness. Cancellation Procedures: In the event of any such cancellation described in the preceding paragraph, Everyday Fitness may retain a prorated share of the Agreement price based upon the date of notice was received plus reimbursement for expenses incurred in an amount not to exceed 10% of the total Agreement price. To effect any such cancellation, Member must deliver written notice to Everyday Fitness in accordance with the provisions regarding notices set forth under “Miscellaneous”, below. Such notice shall be accompanied by any membership cards or other documents or evidence of membership previously delivered to Member. Cancellation shall be effective and monthly dues payment date (provided, that any such notice of cancellation that is not received by Everyday Fitness at least 30 days prior to such next monthly dues payment date shall be effective on next succeeding monthly dues payment date). Member’s account must be current and in good standing before Everyday Fitness will process any such request to cancel. No other right to cancel, including for non-use of facilities: This Agreement is not cancelable by Member except as expressly provided above including, without limitation, by reason of Member’s failure to utilize the facilities of Everyday Fitness. Health representations and agreements: Member represents and warrants to Everyday Fitness that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his or her intended use of Everyday Fitness facilities. Member acknowledges that Everyday Fitness has not given Member any medical advice before Member joined Everyday Fitness and cannot give Member any such advice after Member joins Everyday Fitness, whether related to Member’s physical condition and ability to use the facilities and services of Everyday Fitness or otherwise. Member acknowledges and agrees that Member will discuss any health or medical concerns with Member’s physician or other health professional before using Everyday Fitness facilities. Waiver of liability; assumption of risk: Member acknowledges that the use of Everyday Fitness facilities, equipment, services and programs involves an inherent risk of personal injury to Member and Member’s guests and invitees. Member voluntarily agrees to assume all risks of personal injury to Member, Member’s spouse, children, unborn children, other family members, guests or invitees and waives any and all claims or actions that Member may have against Everyday Fitness, any of its subsidiaries or other affiliates and any of their respective officers, directors, employees, agents, successors and assigns for any such personal injury (and no such person shall be liable for to Member, Member’s spouse, children, unborn children, other family members, guests or invitees for any such personal injury), including, without limitation (i) injuries arising from use of any exercise equipment, machines and tanning booths, (ii) injuries arising from participation in supervised or unsupervised activities and programs in exercise rooms, or other areas of Everyday Fitness, (iii) injuries or medical disorders resulting from exercising at any Everyday Fitness, including heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged muscles, ligaments or tendons and (iv) accidental injuries within any Everyday Fitness facilities, including locker rooms, showers and dressing rooms. Member acknowledges that Everyday Fitness does not manufacture any of the fitness or other equipment at its facilities and Everyday Fitness does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products sold at its facilities; accordingly, neither Everyday Fitness, any of its respective officers, directors, employees, agents, successors or assigns shall be held liable for any such defective equipment or products. Member shall indemnify Everyday Fitness, its subsidiaries and other affiliates and each of their respective officers, directors, employees, agents, successors and assigns (an “Indemnified Party”) and save and hold each of them harmless against and pay on behalf of or reimburse any such Indemnified Party as and when incurred for any Losses which such Indemnified Party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive the termination of this Agreement and Member’s membership. Miscellaneous: (i) This Agreement shall be governed by the laws of the State of Missouri without regard to principles of conflicts of laws, (ii) this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (iii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by Member without the prior written consent of Everyday Fitness. Consent may be withheld in Everyday Fitness absolute discretion, (iv) if any term or provisions of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable and (v) all notices permitted or required to be given to Everyday Fitness hereunder shall be given by personal delivery to the Manager of Everyday Fitness or by certified mail, return receipt requested, addressed to Everyday Fitness at the address set forth at the beginning of this Agreement, to the attention of the Manager.