Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) form a binding agreement between you and Fit Flex Pass (“Fit Flex Pass,” “we,” “us,” or “our”) governing your access to and use of our website, mobile applications, and related services (together, the “Service”). By creating an account, purchasing a pass or session pack, or otherwise using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a business, you represent that you are authorised to bind that business, and “you” refers to that business.

2. What Fit Flex Pass is — and is not

Fit Flex Pass operates a marketplace. We let members discover independent gyms and independent personal trainers, purchase access to them, and check in with a QR code. We handle listing, payment processing, and settlement.

Fit Flex Pass does not own, operate, manage, staff, inspect, or control any gym or fitness facility, and does not employ, supervise, train, certify, or direct any personal trainer.

Gyms and trainers listed on the Service are independent third parties. They are solely responsible for their premises, equipment, cleanliness, staffing, safety practices, licensing, insurance, instruction, and the services they provide to you. Your purchase creates a direct relationship between you and that gym or trainer. We are not a party to it, are not your agent or theirs, and do not guarantee any aspect of their performance.

Listing information — descriptions, photographs, hours, amenities, specialties, and pricing — is supplied by the gym or trainer. We do not independently verify it. Reviews reflect the opinions of individual members, not Fit Flex Pass.

3. Eligibility and accounts

You must be at least 18 years old, or the age of majority where you live, to create an account or buy a pass. The Service is not directed to children under 13, and we do not knowingly collect their information.

You are responsible for the accuracy of your account information, for keeping your credentials confidential, and for all activity under your account. Notify us promptly at [email protected] if you suspect unauthorised use. Accounts, passes, and session packs are personal to you and may not be sold, shared, lent, or transferred. Passes are non-transferable; presenting a QR code belonging to another person is grounds for immediate termination without refund.

4. Passes, session packs, and pricing

What you are buying

• A gym pass grants access to a specific gym for a stated period — a day, a week, or a month — on that gym’s terms and during its posted hours.
• A trainer session pack is a set number of one-on-one sessions (1, 5, or 10) with a specific trainer. Sessions are consumed one per check-in and must be scheduled directly with that trainer.

A pass or pack entitles you to what its listing describes and nothing more. It is not a membership, does not renew, and confers no rights to classes, personal training, guest privileges, childcare, parking, or other extras unless the listing says so.

Pricing and fees

Prices are set by each gym or trainer and shown before you pay. Prices may change at any time; the price displayed at checkout is the price that applies to that purchase. You are responsible for any applicable taxes. Fit Flex Pass retains a platform fee from each transaction, disclosed to sellers in their dashboard.

Activation and expiry

Gym passes must be activated from your wallet and run for their stated duration from activation. Day passes expire at the end of the calendar day on which they are activated. Session packs do not expire on a clock; they are consumed as sessions are used, subject to any limit stated on the listing. An unactivated pass remains available in your wallet unless these Terms or the listing state otherwise.

Access is not guaranteed

A gym may lawfully refuse entry or remove you for reasons including capacity limits, conduct, dress code, failure to complete its own waiver or intake requirements, or closure for holidays, maintenance, or emergency. A trainer may reschedule or decline a session. These are decisions of the gym or trainer, not Fit Flex Pass.

5. Refunds and cancellations

Because a pass grants immediate access, all sales are final once a pass is activated or a session is used. Before activation:

• Unactivated gym passes may be refunded on request within 14 days of purchase.
• Unused sessions in a pack may be refunded on a pro-rata basis within 14 days of purchase, less any sessions already consumed.
• If a gym or trainer fails to honour a valid pass — unexpected closure, refusal of a validly purchased pass, or a no-show for a booked session — contact [email protected] within 7 days and we will refund or replace it.

Refunds are returned to the original payment method and may take 5–10 business days to appear. We may decline refund requests that we reasonably believe to be abusive, repetitive, or fraudulent. Nothing here limits rights you have under applicable consumer protection law that cannot be waived.

Chargebacks. If you dispute a charge with your bank rather than contacting us first, we may suspend your account pending resolution. Filing a chargeback for a pass you used is a breach of these Terms.

6. Assumption of risk, release, and waiver

Gyms and trainers may require you to sign their own waiver, complete a health screening, or accept their house rules before granting access. That agreement is between you and them. Your pass does not exempt you from it, and refusing to sign it may mean you are denied access without a refund from that gym.

7. No medical advice; health screening

Fit Flex Pass is not a healthcare provider. Nothing on the Service — including listings, trainer specialties, descriptions, or any content we publish — is medical advice, diagnosis, or treatment, and none of it should be relied on as such.

Consult a physician before beginning any exercise programme, particularly if you are pregnant, have a medical condition, are taking medication, or have been inactive.

You represent that you are in sufficient physical condition to participate. Stop immediately and seek medical attention if you experience pain, dizziness, shortness of breath, or discomfort. You are solely responsible for deciding whether a given facility, activity, or training programme is appropriate for you.

8. Trainer credentials and independence

Personal trainers on the Service are independent contractors operating their own businesses. They are not employed, supervised, or directed by Fit Flex Pass.

Trainers represent to us that they hold the certifications, licences, and insurance required where they practise, and are contractually required to keep them current. We do not routinely verify, monitor, or audit credentials, and we make no representation about any trainer’s qualifications, competence, methods, or results. Claimed certifications and specialties shown on a listing are self-reported. You are responsible for satisfying yourself that a trainer is right for you before booking.

Results vary. No trainer, gym, or Fit Flex Pass guarantees any particular fitness, weight, performance, or health outcome.

9. Terms for gyms and trainers

These terms apply in addition to the rest if you list on the Service as a seller.

Your obligations

• Honour every valid pass and session presented to you, on the terms your listing advertises.
• Keep listing content — pricing, hours, photographs, amenities, specialties — accurate and current. You are responsible for what your listing says.
• Hold and maintain all licences, permits, certifications, and insurance required for your business, including general liability and, where applicable, professional liability coverage in commercially reasonable amounts.
• Comply with all applicable laws, including health and safety, accessibility, employment, and consumer protection law.
• Operate your own business independently. Nothing in these Terms creates an employment, partnership, joint venture, franchise, or agency relationship with Fit Flex Pass.

Fees, payouts, and taxes

You receive the sale price of each pass less the platform fee disclosed in your dashboard. Payouts are settled through Stripe Connect and are subject to Stripe’s terms, identity verification, and payout schedules. You are solely responsible for reporting and paying all taxes on your earnings. We may withhold or offset amounts to cover refunds, chargebacks, or amounts you owe us.

Content licence

You grant Fit Flex Pass a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for display, and publish your listing content on the Service, in the Fit Flex Pass mobile apps, and in marketing of the Service. You represent that you own or have the rights to all content you upload — including photographs and any depicted persons — and that it does not infringe anyone’s rights. This licence continues for content you have published until you remove it, plus a reasonable period for backups and caches.

Suspension and removal

We may pause, unpublish, or remove any listing, or suspend a seller account, at our discretion — including for inaccurate listings, unhonoured passes, safety concerns, complaints, legal risk, or breach of these Terms. Where practical we will tell you why and give you a chance to fix it.

10. Acceptable use

You agree not to:

• share, sell, lend, or transfer a pass, QR code, or account;
• use another person’s pass or misrepresent your identity at check-in;
• submit false, misleading, or fraudulent listings, reviews, or refund requests;
• scrape, crawl, harvest, or bulk-download listings, pricing, imagery, or member data, or use the Service to build or train a competing product, dataset, or machine-learning model;
• circumvent, disable, probe, or test the security or rate limits of the Service, or access any account or data that is not yours;
• interfere with the Service’s operation, upload malicious code, or place unreasonable load on our infrastructure;
• harass, threaten, defame, or discriminate against any member, gym, trainer, or staff member; or
• use the Service for any unlawful purpose.

We may investigate suspected violations, and may suspend or terminate accounts, cancel passes without refund, and refer matters to law enforcement.

11. Intellectual property and content

The Service — including its software, design, text, graphics, logos, and the Fit Flex Pass name and marks — is owned by Fit Flex Pass or its licensors and protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service for its intended personal or business purpose. All other rights are reserved. You may not copy, modify, distribute, reverse engineer, or create derivative works from the Service.

Automated access and AI training. Except for search engine crawling consistent with our published robots.txt and ai.txt, you may not use automated means to access, extract, or reproduce Service content, and you may not use Service content to train or fine-tune any machine-learning model without our prior written consent.

Your submissions. Reviews, photographs, and other content you post remain yours, but you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to use, display, reproduce, and distribute them in connection with the Service. Do not post anything you lack the rights to post.

Copyright complaints. If you believe content on the Service infringes your copyright, send a notice with the elements required by 17 U.S.C. §512(c)(3) to [email protected]. We remove infringing content and terminate repeat infringers.

12. Payments and third-party services

Card payments are processed by Stripe, Inc. We do not receive or store your full card number. Your use of payment features is also governed by Stripe’s terms and privacy policy. Payouts to gyms and trainers run through Stripe Connect and are subject to Stripe’s verification requirements.

The Service may link to or rely on other third-party services — maps, geocoding, app stores, push notification delivery. We do not control them and are not responsible for them.

13. Disclaimer of warranties

The Service is provided “as is” and “as available,” without warranty of any kind. To the fullest extent permitted by law, Fit Flex Pass disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, or error-free; that listing information is accurate or complete; that any gym will be open, clean, safe, or adequately equipped; or that any trainer is qualified, available, or effective. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

14. Limitation of liability

15. Indemnification

You agree to defend, indemnify, and hold harmless Fit Flex Pass and its officers, directors, employees, contractors, and agents from any claim, demand, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or relating to: your use of the Service; your breach of these Terms; your violation of any law or third-party right; any content you submit; and, if you are a gym or trainer, your provision of services to members, the condition of your premises or equipment, and any injury occurring in connection with them.

16. Dispute resolution and arbitration

Talk to us first

Before starting arbitration, send a written description of the dispute and the relief you want to [email protected]. We will try in good faith to resolve it within 60 days. This step is a precondition to filing.

Binding arbitration

If we cannot resolve it, you and Fit Flex Pass agree that any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in Gwinnett County, Georgia or, at your election, by videoconference or in the county where you live. The arbitrator’s decision is final and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs this section.

Class action waiver

Disputes will be arbitrated only on an individual basis. You and Fit Flex Pass waive any right to bring or participate in a class, collective, consolidated, or representative action. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — will proceed in court.

Exceptions

Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or stop unauthorised access.

How to opt out

You may reject this arbitration agreement by emailing [email protected] with your name, the email on your account, and a clear statement that you opt out of arbitration, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms and will not disadvantage your account.

17. Governing law and venue

These Terms are governed by the laws of the State of Georgia, without regard to its conflict of laws rules. For any dispute not subject to arbitration, you and Fit Flex Pass consent to the exclusive jurisdiction and venue of the state and federal courts located in Gwinnett County, Georgia.

18. Termination

You may stop using the Service and delete your account at any time from your account settings. We may suspend or terminate your access at any time, with or without notice, if you breach these Terms, if we suspect fraud or unlawful activity, or if we discontinue the Service.

On termination, unused and unactivated passes will be refunded unless the termination follows your breach — in which case they may be forfeited. Sections that by their nature should survive do survive, including sections 6, 11, and 13 through 17.

19. Mobile application terms

If you download the Fit Flex Pass app, you receive a limited, non-transferable licence to use it on devices you own or control, subject to the app store’s terms.

Apple. These Terms are between you and Fit Flex Pass only, not Apple. Apple has no obligation to provide support or maintenance for the app. If the app fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any); Apple has no other warranty obligation. Fit Flex Pass, not Apple, is responsible for product liability claims, claims that the app fails to conform to legal requirements, and intellectual property infringement claims relating to the app. You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government prohibited-party list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google. Your use of the Android app is additionally subject to the Google Play Terms of Service. Google is not a party to these Terms and has no responsibility for the app.

20. Communications and consent

By creating an account you consent to receive electronic communications from us — transactional email and, if you enable them, push notifications about your passes, check-ins, and receipts. These are part of the Service and cannot be disabled while your account is active, though you can turn off push notifications on your device. Marketing emails always include an unsubscribe link. You agree that electronic records and signatures satisfy any legal requirement that communications be in writing.

21. General provisions

• Changes. We may update these Terms by posting a revised version with a new “Last updated” date. For material changes we will give reasonable notice — by email or in-product — before they take effect. Continued use after that constitutes acceptance. If you object, stop using the Service and request a refund of any unactivated passes.
• Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the rest remains in force.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, epidemics, utility or network failures, labour disputes, and government action.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Fit Flex Pass regarding the Service, superseding prior agreements on the subject.

22. Contact

Legal notices: [email protected]
Support: [email protected]
Privacy: [email protected]
Security: [email protected]