Terms of Service

Last updated July 20, 2026 · Gym Plus Plus, Rochester, MN

Welcome to Gym Plus Plus. These Terms of Service (these "Terms") are a binding agreement between you and Gym Plus Plus ("Gym Plus Plus," "we," "us," or "our"), based in Rochester, Minnesota, USA. They govern your use of the Gym Plus Plus iPhone app, our website at gymplusplus.app (including the launch waitlist), and the multi-gym membership service they provide. We have tried to write these Terms so a normal person can actually read them; where a section has real legal consequences, we say so plainly.

1. Introduction and Acceptance of These Terms

By creating an account, joining the launch waitlist, purchasing a membership, checking in at a partner gym, or otherwise using any part of the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms apply to all of the following (together, the "Service"):

• the Gym Plus Plus iPhone app (the "App");
• the gymplusplus.app website, including the launch waitlist (the "Site");
• the Gym Plus Plus membership itself — the plans, billing, access codes, and check-in system that let you enter participating partner gyms.

Two other documents work alongside these Terms:

• Privacy Policy. Our Privacy Policy explains what information we collect (including through cookies, analytics, and similar tracking technologies), how we use it, and the choices you have. It is not a contract term you negotiate, but by using the Service you acknowledge that you have had the opportunity to review it.
• Liability Waiver. Before using partner gym facilities, you will be required to electronically sign a separate liability waiver, assumption of risk, and release (the "Waiver"). The Waiver supplements these Terms; it does not replace them. If the Waiver and these Terms address the same subject (such as assumption of risk or release of claims) and conflict, the signed Waiver controls for that subject. See Section 11.

Additional feature-specific rules that we post in the App or on the Site (for example, rules for a new feature or a promotional program) are part of these Terms when you use those features. If they conflict with these Terms, the feature-specific rules control for that feature.

2. Definitions

Capitalized terms used in these Terms have the following meanings:

• "Access Code" — a short-lived, single-use code generated by our servers for a specific member and a specific partner gym at the moment of a location-verified check-in, shown at the gym's front desk to gain entry.
• "Billing Period" — the monthly period for which your plan is billed, starting on your billing date each month.
• "Club Gym" — a partner gym designated in the App as premium tier (displayed with a "Club" badge). Gyms without the Club badge are standard-tier gyms.
• "Commitment Plan" — a plan with a 12-month commitment period in exchange for a lower monthly rate.
• "Flexible Plan" — a month-to-month plan with no commitment period.
• "Member," "you," or "your" — the individual who accepts these Terms and holds the account.
• "Partner Gym" — an independently owned and operated fitness facility that participates in the Gym Plus Plus network and accepts Access Codes.
• "Plan" — a membership tier and commitment option offered in the App (currently Everyday and All-Access, each in Commitment and Flexible versions).
• "Visit-Day" — one unique combination of member, partner gym location, and the calendar date at that gym's local time zone. Re-entering the same gym on the same gym-local date is part of the same Visit-Day, not a new one.
• "Waiver" — the electronically signed liability waiver, assumption of risk, and release described in Section 11.

3. Eligibility, Accounts, and Account Security

You must be at least 18 years old to create an account, join the waitlist, or hold a membership. The Service is offered in the United States and is designed for members located in areas where partner gyms participate. By using the Service you represent that you are 18 or older and can form a binding contract.

When you register, you agree to:

• provide accurate, current, and complete information (including your name, phone number, email, and date of birth) and keep it up to date;
• maintain only one account, for yourself — accounts are personal and non-transferable;
• keep control of the email address and device used to sign in, since sign-in codes are sent to your email, and promptly tell us if you lose control of either;
• notify us at hello@gymplusplus.app promptly if you believe your account has been accessed without your permission.

You are responsible for activity that occurs under your account, except activity that occurs after you have notified us of unauthorized access and we have had a reasonable opportunity to act. We may decline registration, or require reasonable identity verification, where we have a legitimate reason (for example, suspected fraud or a previously terminated account). A current profile photo is required to use the Service. Front-desk staff at partner gyms see it, along with your name, to confirm that the person entering is the account holder — this protects the network against account sharing and fraud. You must use a clear, recent photo of yourself and keep it accurate.

4. The Service

Gym Plus Plus is one membership for many gyms. Instead of joining a single gym, you subscribe to Gym Plus Plus and check in at any participating partner gym using a short-lived Access Code generated in the App at the moment you arrive.

• Included visits. Every plan includes one Visit-Day per day: one unique gym per gym-local calendar date. The Everyday plan includes standard-tier gyms; the All-Access plan includes standard-tier and Club gyms. Visits beyond or outside what your plan includes are available as paid extra visits (Section 8).
• Location-verified check-in. To generate an Access Code, the App confirms — once, at the moment of check-in — that your device is physically at the gym. How this works, and what happens to your location data (it is compared and then discarded, never stored), is described in Section 9 and in the Privacy Policy.
• Partner-gym model. Partner gyms are independent businesses, not our locations. We provide access; the gym provides the premises, equipment, staff, and programming. See Section 10.
• The network changes. The set of partner gyms, their tier designations, hours, amenities, and policies change over time. Gyms may join or leave the network at any time. We do not guarantee that any particular gym, amenity, class, or piece of equipment will be or remain available, and a change in the network is not a breach of these Terms. We do aim to keep the App's gym list accurate.
• Availability. The Service operates in the United States and is available wherever partner gyms participate. We add new areas and gyms over time, so features and gym availability vary by location.

What the Service is not. Gym Plus Plus provides access to facilities. We do not provide supervision, instruction, coaching, spotting, personal training, or medical or health advice, and nothing in the App or on the Site is medical advice. Consult a physician before beginning any exercise program.

5. Website and Launch Waitlist

You may browse the Site without an account. Before the App is available in your city, you can join the launch waitlist by providing your name, phone number, and ZIP code. By joining the waitlist:

• you agree that we may send you one text message when we launch in your area (see Section 16 for texting terms, including how to opt out by replying STOP);
• you understand we use your ZIP code to gauge demand by city and decide where to launch;
• you confirm the phone number you provide is yours.

Joining the waitlist is free, is not a membership, and does not obligate you to buy anything. Our handling of waitlist information is described in the Privacy Policy. The acceptable-use rules in Section 12 apply to the Site, including the waitlist form.

6. Plans, Pricing, Billing, Taxes, and Automatic Renewal

6.1 Current plans and prices

Plans are billed monthly, in US dollars. As of the "Last updated" date above, the plans are:

• Everyday — available with a 12-month commitment or month-to-month (Flexible). Includes one Visit-Day per day at standard-tier gyms.
• All-Access — available with a 12-month commitment or month-to-month (Flexible). Includes one Visit-Day per day at standard-tier or Club gyms.

The App always shows current pricing before you subscribe. We do not currently offer free trials, annual prepayment, family, student, or employer plans, or membership pauses. Prices do not include taxes; where we are required to collect sales or similar taxes, they are added to your charge.

6.2 Automatic renewal — please read

6.3 Payment authorization and billing mechanics

• By subscribing, you authorize us and Stripe, our payment processor, to charge your payment method on file, on a recurring monthly basis, for your plan price, applicable taxes, and any extra-visit charges you confirm (Section 8).
• Payments are processed through Stripe, our payment processor. Depending on how your payment is set up, payment card details may pass through or be processed by our systems to enable autopay and one-time charges (such as extra club visits). We handle payment information in line with the applicable Payment Card Industry Data Security Standard (PCI DSS) and keep only what we need to bill you — for example, a secure payment token and limited card metadata such as the card brand and last four digits.
• If a charge fails, we may retry it and may suspend check-in access until your balance is paid. Suspension for non-payment does not stop amounts you already owe from being due, and for Commitment Plans it does not shorten the commitment.
• You are responsible for keeping a valid payment method on file. You can update it in the App at any time.

6.4 Price changes

We may change plan prices or extra-visit prices. If a change increases what you pay for your existing subscription, we will notify you at least 30 days before it takes effect for you (in the App and by email or text), and it will not take effect for a Commitment Plan until your current commitment period ends. If you do not agree with a price change, cancel before it takes effect; continuing to use the Service after the effective date means you accept the new price.

7. Cancellation, Commitment Periods, and Refunds

7.1 Cancelling a Flexible Plan

You may cancel a Flexible (month-to-month) Plan at any time using either method in Section 6.2. Your membership stays fully usable through the end of the Billing Period you already paid for, and then ends. There is no cancellation fee.

7.2 Cancelling a Commitment Plan

A 12-month Commitment Plan is a real commitment: the lower monthly rate is offered in exchange for twelve monthly payments. You may turn off renewal at any time so that your membership ends when the commitment period ends. If you stop paying or ask to end a Commitment Plan before the twelve months are up, you remain responsible for the remaining monthly payments of the commitment, except where we agree otherwise in writing or a law that applies to you and cannot be waived gives you a right to cancel. If you expect a genuine hardship (for example, a serious medical issue that prevents you from exercising), contact support — we handle these situations case by case.

7.3 Gym Plus Plus is a marketplace, not a health club

Gym Plus Plus is a technology platform that connects members with independent partner gyms. We do not own, operate, or control any gym or fitness facility, we do not sell facility memberships, and we are not a "health club," gym, or physical-fitness services provider of the kind regulated by health-club membership statutes in various states. Where those laws apply, they apply to the partner gyms that actually operate the facilities — not to your Gym Plus Plus subscription. That said, nothing in these Terms limits any right you have under a law that applies to you and cannot be waived, and where such a law applies to us, we will honor it.

7.4 Refunds

Except where these Terms or applicable law say otherwise, payments are non-refundable and there are no automated or prorated refunds when you cancel — you keep access through the period you paid for instead of receiving money back. Refund requests are reviewed case by case by support at hello@gymplusplus.app; we may issue a refund or credit where we believe it is fair (for example, a verified billing error or a duplicate charge), but a refund in one situation is not a promise of refunds in others. The unused-portion refund described in Section 22.3 applies only when Gym Plus Plus ends your membership without cause or discontinues the Service in your market, and statutory refund rights (Section 7.3) always apply.

8. Extra Visits and Additional Charges

Your plan includes one Visit-Day per day at gyms your plan covers. Two kinds of visits cost extra:

• An additional gym on the same day. After you use your included Visit-Day, checking in at a different partner gym on the same gym-local date is an extra visit.
• A gym outside your plan's tier. For example, a Club gym on an Everyday plan is not included and is charged as an extra visit even if it is your first gym of the day.

How extra-visit pricing works:

• The exact price is always shown to you in the App before you confirm the extra visit, and you are only charged if you confirm. The per-visit amount depends on your plan and the gym's tier.
• By confirming an extra visit, you authorize us to charge that amount to your payment method on file.
• A Visit-Day is one unique combination of you, the gym location, and the gym-local calendar date. Re-entering the same gym on the same gym-local date is not a new charge. The gym's local time zone determines the date, so a late-night visit counts for the date at the gym, not the date where your billing address is.

9. Access Codes and Location-Verified Check-In

9.1 How check-in works

• When you arrive at a partner gym and request entry, the App asks your device for its precise location once, in the foreground, at that moment, to confirm you are physically at the gym (by default within roughly 150 meters, with the exact radius, accuracy requirement, and code lifetime set per gym).
• Your exact coordinates are compared against the gym's location and then discarded — they are not stored and are not written to our logs. We do not collect background location and we do not build route history. See the Privacy Policy for full details.
• If the check passes, our servers generate an Access Code that is single-use, short-lived, personal to you, and scoped to that gym. Codes are attempt-limited, stored only in hashed form, and never logged in plain text.
• You show the code at the front desk. Staff may compare your name and profile photo (if you added one) to verify that you are the member checking in, and may decline entry if verification fails.

9.2 Access code rules

Access Codes exist to prove that you, personally, are at the gym. You agree not to:

• share, sell, transfer, or publish an Access Code, or let anyone else use your membership;
• spoof, simulate, or falsify your device's location (including with mock-location tools, GPS spoofers, or modified devices) or otherwise attempt to obtain a code while not physically present at the gym;
• attempt to enter a partner gym without a verified check-in (for example, tailgating past the desk or reusing an expired code);
• probe, brute-force, or otherwise attack the code system.

Violating these rules may result in denied entry, suspension, or termination of your membership (Section 22), and you may be responsible for entry fees or losses caused by unauthorized use you enabled. Check-in requires a compatible device, location permission granted at the moment of check-in, and connectivity; if you deny location permission, check-in will not work, though your subscription continues until cancelled.

10. Partner Gyms Are Independent Businesses

Every partner gym is an independent business. Partner gyms are not owned or operated by Gym Plus Plus, and they are not our agents, employees, or partners in a legal sense. Gym Plus Plus provides access to partner gyms; it does not control or supervise them. In particular:

• House rules apply. While you are on a partner gym's premises, that gym's rules, posted policies, staff instructions, hours, and safety requirements apply to you, and you agree to follow them. A gym may lawfully refuse or revoke entry under its own policies (for example, dress code, conduct, or capacity).
• Their waivers apply too. Partner gyms may require you to sign their own waiver or agreement before using their facility, in addition to the Gym Plus Plus Waiver (Section 11), and may condition entry on it.
• We are not responsible for the premises. To the fullest extent permitted by law, Gym Plus Plus is not responsible or liable for partner gym premises, equipment, maintenance, staff, trainers, classes, other members or guests, or anything that happens at a partner gym, including personal injury, property damage or loss (for example, from lockers or parking areas), or the acts or omissions of gym staff or patrons.
• Availability changes. Gyms may change their hours, amenities, or tier, close temporarily or permanently, or leave the network. None of that is a breach of these Terms by Gym Plus Plus, though you can always cancel as described in Section 7.
• Disputes with a gym. If you have a problem at a partner gym, you can report it to us and we will try to help route it, but disputes about what happened on a gym's premises are between you and that gym except to the extent applicable law provides otherwise.

11. Waiver, Assumption of Risk, and Release of Liability

11.1 The signed Waiver

Before checking in at partner gym facilities, you will be required to electronically sign the Waiver — a liability waiver, assumption of risk, and release. Signing the Waiver is a condition of facility access: until it is signed, we may withhold check-in. The Waiver covers, among other things:

• your acknowledgment of the inherent risks of exercise and of using fitness facilities;
• your self-attestation that you are medically able to exercise and have no condition that makes exercise unsafe for you (Gym Plus Plus does not verify your medical fitness and provides no medical advice);
• a release of claims against Gym Plus Plus and partner gyms to the fullest extent permitted by applicable law.

The Waiver supplements these Terms; it does not replace them, and these Terms remain in effect alongside it. Partner gyms may require their own separate waivers as well (Section 10). Where you sign the Waiver, we retain that signed record as described in the Privacy Policy.

11.2 Electronic signature consent

You agree that the Waiver, these Terms, and related records may be presented, signed, and stored electronically, and that your electronic signature (such as tapping "I agree" or signing on screen) is legally binding to the same extent as an ink signature, consistent with the federal E-SIGN Act and applicable state electronic-transactions laws, including Minnesota's. See Section 16 for your broader consent to do business with us electronically and how to request paper copies.

11.3 Assumption of risk

Exercise and the use of fitness facilities involve inherent risks that cannot be eliminated, including muscle and joint injuries, broken bones, cardiovascular events (including heart attack and stroke), injuries from equipment (including free weights and machines), slips and falls, contact with other people, and, in rare cases, permanent disability or death. You voluntarily accept and assume all such risks, whether or not listed above, arising from your use of partner gyms accessed through the Service, to the fullest extent permitted by applicable law.

11.4 Release

To the fullest extent permitted by applicable law, you — for yourself and your heirs, executors, and assigns — release, waive, and discharge Gym Plus Plus and its owners, officers, employees, and agents, and each partner gym you access through the Service, from any claims, demands, and causes of action for ordinary negligence arising out of or related to your access to and use of partner gym facilities. This release does not apply to, and you do not release, any claim for gross negligence, recklessness, or willful, wanton, or intentional misconduct, or any other liability that cannot be released under applicable law. This section is written to be enforced to the maximum extent the law of your state allows; if part of it is unenforceable, the remainder still applies. Partner gyms you access through the Service are intended third-party beneficiaries of this Section 11 and may enforce it.

12. Acceptable Use and Prohibited Conduct

You agree that you will not:

• share your account or Access Codes, let anyone else check in as you, or use anyone else's account (Section 9);
• spoof or falsify location, device, payment, or identity information, or commit or attempt any fraud against Gym Plus Plus, a partner gym, or our payment processor, including chargeback abuse;
• harass, threaten, abuse, or discriminate against partner gym staff, other members, gym patrons, or our team, whether in person at a gym or through the Service;
• violate a partner gym's rules or lawful staff instructions while on its premises;
• circumvent or attempt to circumvent billing, extra-visit charges, tier restrictions, or any technical protection in the Service;
• scrape, crawl, harvest, or bulk-download data from the App or Site; use bots or automated scripts against the Service; or probe, scan, or test the vulnerability of our systems without written permission (report suspected security issues to hello@gymplusplus.app);
• reverse engineer, decompile, or disassemble the App except to the extent a law expressly permits it despite this restriction;
• interfere with the operation of the Service, introduce malware, or impose an unreasonable load on our infrastructure;
• use the Service for any unlawful purpose or in violation of these Terms.

We may investigate suspected violations and may deny check-in, remove content, suspend, or terminate accounts as described in Section 22. Where conduct is unlawful, we may also involve law enforcement.

13. Intellectual Property and Your License to Use the Service

The Service — including the App, the Site, our name and logo, designs, text, graphics, and software — is owned by Gym Plus Plus or its licensors and is protected by intellectual property laws. Except for the limited license below, no rights in the Service are transferred to you.

Your license. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on an iPhone you own or control and to access and use the Site, in each case for your personal, non-commercial use of the Service. This license ends when your account is terminated or these Terms end for you.

Restrictions. You may not copy, modify, distribute, sell, lease, or create derivative works from any part of the Service; remove or alter proprietary notices; or use our name, logo, or trademarks without our prior written permission.

Feedback. If you send us ideas, suggestions, or feedback about the Service, you agree we may use them without restriction or compensation to you. This does not give us rights to your personal information, which is handled under the Privacy Policy.

14. User Content

"User Content" is content you submit to the Service — today that is primarily your optional profile photo, and it will include things like reviews or photos if we add those features. You own your User Content. You grant Gym Plus Plus a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display your User Content as needed to operate, provide, and improve the Service — for example, showing your profile photo to front-desk staff at check-in, or displaying a review you choose to post publicly alongside your first name. This license ends when you delete the content or your account, except (a) where the content has been shared with others and they retain it, (b) for any signed Waiver record and records we must keep for legal, billing, or dispute purposes, and (c) for backup copies deleted in the ordinary course.

You agree that your User Content will not:

• impersonate anyone (including using a profile photo that is not you);
• infringe anyone's intellectual property, privacy, or publicity rights;
• be unlawful, deceptive, defamatory, obscene, or harassing;
• contain other people's personal information without their permission.

We may remove or refuse User Content that we reasonably believe violates these Terms or the law, and we require a clear, compliant profile photo for check-in verification. If you believe content on the Service infringes your copyright, email hello@gymplusplus.app with enough detail for us to evaluate the claim.

15. Third-Party Services

The Service relies on third parties, each with their own terms and privacy practices:

• Payment processor. Payments are handled through Stripe under its own terms. See Section 6.3 for how payment card information is handled.
• Analytics, advertising, and tracking partners. We use analytics tools and cookies and similar technologies on the Site and in the App, and we may work with advertising, attribution, and measurement partners. What is collected, by whom, and the controls you have (including cookie choices, device settings, Apple's App Tracking Transparency prompt where it applies, and California "sale/share" opt-outs) are described in the Privacy Policy.
• Infrastructure. The Service runs on Cloudflare's platform in the United States.
• Partner gyms. Independent businesses with their own rules and agreements (Section 10).
• Apple. The App is distributed through Apple's App Store, and Apple's media services terms also apply to your download. These Terms are between you and Gym Plus Plus, not Apple, and Apple has no obligation to furnish maintenance or support for the App. Gym Plus Plus, not Apple, is responsible for the App and its content and for addressing any claims relating to the App or your use of it — including product-liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer-protection claims, and claims that the App infringes a third party's intellectual property rights, which Gym Plus Plus (not Apple) will investigate and defend. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for the App (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the App. You represent that you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms (including the license in Section 13) and may enforce them against you.

We are not responsible for third-party services we do not control, and links from the Service are not endorsements — but this does not limit our own obligations under these Terms or the Privacy Policy.

16. Electronic Communications and Text Messages

16.1 Doing business electronically

You consent to receive communications from us electronically — in the App, by email, and by text message — and you agree that agreements, notices, disclosures, receipts, and other communications we provide electronically satisfy any legal requirement that they be in writing. To access and retain electronic records you need an iPhone that can run the App or a device with a current web browser, internet access, and an email address or a phone number able to receive text messages; by continuing, you confirm you can access records in these formats. If our requirements change in a way that creates a material risk you cannot access records, we will notify you and you may withdraw consent without penalty. You can request a paper copy of a legal record, or withdraw your consent to electronic records, by emailing hello@gymplusplus.app; because the Service is app-based, withdrawing consent may mean you can no longer use it. Keep your email address and phone number current so notices reach you. To sign in to the App, we email you a one-time 6-digit verification code each time you sign in — keep your email account secure, since anyone with access to it could sign in as you.

16.2 Text messages (SMS)

• Waitlist launch text. If you join the waitlist, we send one text when we launch in your area, as described in Section 5.
• Account and service texts. If we have a phone number on file for you, we may also text you about your membership when needed (for example, a billing failure or a required notice).
• Opting out. Reply STOP to any text from us to stop receiving texts, or email us. Reply HELP or email us for help.
• Rates and delivery. Message and data rates may apply, message frequency varies with your use of the Service, and delivery depends on your carrier. Consent to marketing texts is never a condition of buying a membership.

17. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY PARTICULAR GYM, AMENITY, OR HOUR OF OPERATION WILL BE AVAILABLE; THAT CHECK-IN WILL WORK IN ALL LOCATIONS OR NETWORK CONDITIONS; OR THAT USE OF THE SERVICE WILL PRODUCE ANY PARTICULAR FITNESS OR HEALTH RESULT. NOTHING IN THE SERVICE IS MEDICAL ADVICE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. You may have rights under your state's laws that these Terms cannot change.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) GYM PLUS PLUS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED US DOLLARS ($100).

These limits apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), but they do not apply to liability that cannot be limited under applicable law — which may include liability for gross negligence, willful misconduct, fraud, or death or personal injury where a state does not permit such limits. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Each provision of Sections 17, 18, and 19 allocates risk between the parties and is an essential basis of the bargain; the pricing of the Service reflects this allocation, and these provisions apply even if a limited remedy fails of its essential purpose.

19. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Gym Plus Plus and its owners, officers, employees, and agents from third-party claims, and the reasonable costs (including attorneys' fees) of defending them, to the extent arising out of: (a) your violation of these Terms; (b) your misuse of the Service, including sharing Access Codes or enabling someone else to use your membership; (c) your User Content; or (d) your violation of law or of a partner gym's rules while on its premises. We will notify you promptly of any claim subject to this section and may, at our expense, participate in the defense with counsel of our choice. This section does not require you to indemnify us for claims to the extent caused by our own breach of these Terms or unlawful conduct.

20. Dispute Resolution: Arbitration and Class Action Waiver

This section affects your legal rights. Please read it, including your right to opt out within 30 days (Section 20.6). In short: we ask you to talk to us first; if that fails, disputes are resolved by binding individual arbitration rather than a lawsuit in court, except for small-claims cases and certain injunctions, and neither of us may bring class actions.

20.1 Informal resolution first

Most issues can be fixed by support, fast. Before starting arbitration or any court proceeding, you and we each agree to first send the other a written notice of the dispute ("Notice of Dispute") — yours goes to hello@gymplusplus.app with the subject "Notice of Dispute"; ours goes to the email on your account. The notice must describe the dispute, what happened, and the resolution requested, and must include your name and the phone number or email on your account. You and we agree to try in good faith to resolve the dispute within 60 days of the notice; if it is not resolved, either party may proceed under this Section 20. Applicable statutes of limitation are paused during this 60-day period.

20.2 Agreement to arbitrate

Except as provided in Section 20.3, you and Gym Plus Plus agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Waiver, the Privacy Policy, or the Service (including its marketing, and including disputes about the scope or enforceability of this arbitration agreement) will be resolved by final and binding arbitration on an individual basis, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at adr.org) as modified by this Section 20, before a single arbitrator. Judgment on the award may be entered in any court with jurisdiction. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides the enforceability of the class action waiver in Section 20.5. This Section 20 is an agreement between you and Gym Plus Plus only: it does not cover, and does not require arbitration of, claims between you and a partner gym, which are governed by any agreement you have with that gym (such as its own waiver).

20.3 Exceptions

• Small claims. Either party may bring an individual claim in small claims court in your county of residence (or Olmsted County, Minnesota) if it qualifies and remains there.
• Injunctive relief for misuse. Either party may seek injunctive or other equitable relief in court to stop actual or threatened infringement or misuse of intellectual property, or unauthorized access to or attacks on the Service.
• Non-waivable claims. Nothing in this section prevents you from bringing a claim before a federal, state, or local agency, or waives any claim or forum that applicable law says cannot be waived.

20.4 Arbitration procedure, fees, and location

The AAA's Consumer Arbitration Rules govern filing, fees, and procedure. The consumer filing fee is capped by those rules; for claims seeking less than $10,000, Gym Plus Plus will pay the AAA administration and arbitrator fees beyond your capped filing fee, unless the arbitrator finds the claim frivolous or filed for an improper purpose. Hearings, if any, will take place in the county where you live, by videoconference or telephone if you prefer or the AAA rules provide, or at another location the parties agree on. The arbitrator may award the same individual relief a court could, including damages and individual injunctive or declaratory relief, and must apply these Terms and applicable law. Either party may elect to have a claim under $25,000 decided on written submissions without a hearing, subject to the arbitrator's discretion under the AAA rules.

20.5 Class action waiver

You and Gym Plus Plus each agree that disputes may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding without the written consent of all parties. If a court or arbitrator finally determines, after all appeals, that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief — and only that one — shall be severed from arbitration and may be brought in a court described in Section 21, and all remaining claims stay in individual arbitration.

20.6 Your 30-day right to opt out

You may opt out of this arbitration agreement and class action waiver by emailing hello@gymplusplus.app with the subject "Arbitration Opt-Out" within 30 days of the date you first accept these Terms (or, if we later materially change this Section 20, within 30 days after the change takes effect for you). Include your full name and the phone number and email on your account, and state clearly that you are opting out of arbitration. Opting out does not affect any other part of these Terms, does not affect any prior arbitration agreement you did not opt out of, and has no negative effect on your membership.

20.7 Coordinated filings

If 25 or more arbitration demands raising similar claims are filed against Gym Plus Plus with the assistance of the same or coordinated counsel or organizations, the parties agree the AAA may administer them under its rules and procedures for multiple or coordinated case filings then in effect, including staged or batched resolution, so that the cases are handled efficiently and fairly. Those procedures may include resolving an initial set of bellwether cases first and using the results to inform a global mediation before the remaining cases proceed. This section does not change the individual-arbitration requirement of Section 20.5, and the arbitrator in each case may award only individual relief.

20.8 Jury trial waiver; severability; survival

To the extent any dispute proceeds in court rather than arbitration, you and Gym Plus Plus each waive the right to a trial by jury to the fullest extent permitted by law. Except as stated in Section 20.5, if any part of this Section 20 is found unenforceable, the remainder remains in effect. This Section 20 survives termination of your account or these Terms. If this entire arbitration agreement is found unenforceable, or if you opt out under Section 20.6, then disputes will be resolved exclusively in the courts described in Section 21, and the jury trial waiver and (to the extent enforceable in court) the class action waiver still apply.

21. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Minnesota, USA, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 20. If a dispute is not subject to arbitration (for example, because you opted out, the claim falls under an exception, or arbitration is found unenforceable), it will be brought exclusively in the state or federal courts located in Olmsted County, Minnesota, and you and we consent to personal jurisdiction and venue there — except for small-claims cases as described in Section 20.3, and except that if the consumer-protection laws of the state where you live give you a non-waivable right to bring the claim, or to rely on your own state's law, in your home state, nothing in this section takes that right away.

22. Suspension and Termination

22.1 By you

You may cancel your membership as described in Sections 6 and 7, and you may delete your account at any time in the App or by emailing hello@gymplusplus.app. Deleting your account does not by itself erase amounts you owe (including remaining Commitment Plan payments), and data retention after deletion is described in the Privacy Policy.

22.2 By us

We may suspend or terminate your account or check-in access, with notice where practicable, if:

• you materially breach these Terms — including code sharing, location spoofing, fraud, chargeback abuse, harassment or abuse of gym staff or members, or repeated violation of partner gym rules;
• your payment fails and remains unpaid after we notify you;
• we reasonably believe suspension is needed to protect the security or integrity of the Service, partner gyms, other members, or to comply with law.

For minor issues we will generally warn you or suspend before terminating, but we may terminate immediately for serious misconduct (such as fraud or threats to safety). We may also discontinue the Service, or stop serving a market, with reasonable advance notice.

22.3 Effect of termination

When your membership ends: your license to use the App ends, Access Codes stop being issued, and amounts you owe for periods and visits before termination remain due. If we terminate without cause, or discontinue the Service in your market, we will refund the unused portion of any period you prepaid and you will owe no further Commitment Plan payments. If we terminate for your material breach, you remain responsible for amounts owed under your plan, except where applicable law provides otherwise. Sections that by their nature should survive — including 11 (Waiver, Assumption of Risk, Release), 13 (IP), 14 (User Content license, as limited there), and 17 through 21 and 24 — survive termination.

23. Changes to These Terms

We may update these Terms as the Service evolves. When we do, we will post the updated Terms on the Site and in the App and update the "Last updated" date above. For material changes, we will give you advance notice in the App and by email or text, at least 30 days before the change takes effect where the change reduces your rights or increases your obligations. If you do not agree to a change, cancel before its effective date; continuing to use the Service after the effective date means you accept the updated Terms. Changes will not apply retroactively: the version of these Terms in effect at the time of an event governs disputes about that event, and a material change to Section 20 (arbitration) does not apply to disputes that arose before the change and gives you a fresh 30-day opt-out window (Section 20.6).

24. Miscellaneous

• Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, such as natural disasters, epidemics, utility or telecommunications failures, war, civil unrest, labor disputes, or government action.
• Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions remain in full force. (Section 20.5 has its own specific severability rule.)
• Assignment. You may not assign or transfer these Terms or your membership. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate or successor, and will notify you of any assignment that changes who provides the Service.
• No waiver. Our not enforcing a provision is not a waiver of our right to enforce it later. Any waiver must be in writing.
• Entire agreement. These Terms, the Waiver, and any feature-specific rules referenced in Section 1 are the entire agreement between you and Gym Plus Plus about the Service and supersede prior agreements about it. The Privacy Policy describes our data practices and is referenced by these Terms.
• No third-party beneficiaries. Except for partner gyms under Section 11 and Apple and its subsidiaries under Section 15, these Terms create no third-party beneficiary rights. The agreements between Gym Plus Plus and partner gyms are separate documents and give members no rights.
• Notices. Legal notices to us must be sent to hello@gymplusplus.app. We give notices to you in the App, by email, or by text to the contact information on your account; notices are effective when sent or posted.
• Interpretation. Section headings are for convenience only. "Including" means "including without limitation."
• Survival. Provisions that by their nature should survive termination do, as described in Section 22.3.

25. Contact

Questions about these Terms, billing, cancellation, refunds, or anything else: hello@gymplusplus.app. Gym Plus Plus is based in Rochester, Minnesota, USA.