TERMS AND CONDITIONS OF AGILE4LIFEFITNESS.COM
LAST UPDATED JUNE 1, 2025
1. INTRODUCTION.
Welcome to Agile4lifefitness.com (the “Website”), an online platform owned by Agile 4 Life Fitness Limited Liability Company (“Company”) that provides remote and digital training sessions. Agile4lifefitness.com includes remote personal training, remote small group training, live broadcast classes, live chat, and training sessions based on video-on-demand.
By accessing or using the Website or using or purchasing an agile4lifefitness.com service, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions, the agile4lifefitness.com Privacy Policy (“Privacy Policy”), the agile4lifefitness.com Subscription Terms (“Subscription Terms”), any additional posted guidelines or rules applicable to specific services and features, which may be guidelines or rules applicable to specific services and features, which may be posted from time to time on the Website (the “Guidelines”) and any future modifications thereto (collectively, the “Agreement”).
By accessing our website, you are using it, and you acknowledge that you have read these Terms of Use and consent to be bound by all of the terms and all of the terms of our Privacy Policy, without modification. IF YOU DO NOT AGREE TO BE BOUND BY ALL THESE TERMS AND CONDITIONS, NAVIGATE AWAY FROM THIS WEBSITE.
2. PRIVACY.
Your privacy is important to us. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.
3. DEFINITIONS.
Company (referred to as either “We,” “us,” and “our” in this Disclaimer) = Agile 4 Life Fitness, LLC, McMinnville, OR 97128.
“Websites, website and Site”= https://agile4lifefitness.com, and https:// agile4lifefitness.punchpass.com, and all content on https://agile4lifefitness.com and https://agile4lifefitness.punchpass.com and all services offered on htts://agile4lifefitness.com and https://agile4lifefitness.punchpass.com.
“User,” “visitor,” “you,” and “your” = website visitors, customers, and any other users of our websites.
“Service” and “Services” = (but are not limited to) information, promotional newsletters, digital products, training sessions (group or individual), training programs (group or individual), video-on-demand training sessions or programs, content, membership programs, class passes, and blogs.
“Content” = all intellectual property, proprietary information, trademarked and copyrighted material, and all original works on our websites and in our Services, including, but not limited to words, documents, program names, blog posts, data, information, design, website layout, artwork, graphics, color scheme, logos, proprietary information, branding, photographs, audio recordings, and videos recordings.
“Personal Information” = information we may collect, use, request, or that you may provide to us voluntarily, and which may be used to identify you. Personal Information may include, but is not limited to, your name, email address, phone number, billing address, and credit card information.
4. THIRD PARTIES AND POLICIES.
The Website and/or the Services may provide, or third parties may provide, links or functionality in the Website and/or the Service to other websites or third-party resources (“Third-Party agile4lifeiftness.com Services”). Because Agile 4 Life Fitness has no control over Third-Party Services, you acknowledge and agree that agile4lifefitness.com is not responsible for the availability of the Third-Party Services, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from the Third-Party Services. You further acknowledge and agree that agile4lifefitness.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with the use of, or reliance upon, any such content, goods, or services available on or through Third Party Services. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third-Party Services.
5. HOW TO USE OUR WEBSITE.
You must be 18 years of age or older to view our Site. If you are not 18 and do not have the power to enter into this Agreement, you are an unauthorized user and in violation of this Agreement. By using our websites, you affirm that you are 18 years of age or older.
If you are caught violating any of these Terms and Conditions, we reserve the right to immediately terminate your access to our websites, Services, and access to any program you may have purchased from us, without refund, and to prosecute you to the full extent of the law.
6. OUR RIGHT TO CHANGE OR MODIFY.
We reserve the right to change or modify these Terms or any Policy and the Site we offer at any time without notice to you to reflect changes in our practices or keep current with relevant laws or industry standards. We also retain the right to create limits on your use and storage of User Content (defined below) at our sole discretion at any time without prior notice to you. In addition, the Company may stop (permanently or temporarily) providing the website (or any features within the website) to you or users generally, and may not be able to provide you with prior notice. We may attempt to notify any registered users of material changes by sending an email to the email address you most recently provided us in your User Account (defined below), profile, or registration (unless we do not have such an email address), and/or by posting notice of the changes on the Site. Your access to and/or use of the Site will be subject to the most current version of these Terms posted on the Site at the time of your access or use. We recommend that you check the Site from time to time to inform yourself of any changes in these Terms, and stay apprised of any other Policies that may be applicable; you are solely responsible for reviewing and becoming familiar with any modifications to these Terms.
Should the Company permanently stop the Site, you may terminate your use, User Account, and/or Subscription Agreement (defined below) according to the termination process outlined in these Terms, and upon the Company’s verification of your fulfillment of all termination requirements and in the Company’s sole discretion, the Company may refund a pro-rated portion of any remaining subscription fees paid.
7. SUBSCRIBING TO OUR SERVICES.
To access and use certain features, functions, and content within the Website and/or the agile4lifefitness.com or agile4lifefitness.com/punchpass Service, you may be required to have or purchase a subscription (“Subscription”). When you register for an account on the Site and are part of a free trial or a paid membership, you become a subscriber (“Subscriber”). Once registered, Subscribers can access agile4lifefitness.com Services.
Please see our Subscription Terms for further details on Subscriptions and other offerings, payments and billing cycles, and Subscription termination and cancellation (including statutory cancellation rights).
8. TERM AND TERMINATION.
This Agreement will remain in full force and effect while you use the Service and/or are a Subscriber. Subscriptions may be terminated at any time. Agile4lifefitness.com may, in its sole discretion and for any or no reason, terminate your Subscription by sending notice to you at the email address you provide in your Subscription application, or such other email address as you may later provide to agile4lifefitness.com. Subject to
applicable laws, if agile4lifefitness.com terminates your agile4lifefitness.com Service subscription because you have materially breached this Agreement, you will not be entitled to any refund. agile4lifefitness.com is not required to provide you with notice prior to terminating your Subscription. Agile4lifefitness.com is not required to disclose, and may be prohibited from disclosing, a reason for the termination of your account.
9. YOUR INTERACTIONS WITH OTHER SUBSCRIBERS.
Interactions with other users and Subscribers. You are solely responsible for your interactions with other users of the Website and/or the interactions with other users and Subscribers. When interacting with other Users or Subscribers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Agile4lifefitness.com
makes no representations or warranties as to the conduct of Users or Subscribers and shall not be in any way liable for any conduct of any User or Subscriber. You agree to take reasonable precautions in all interactions with other Users and Subscribers, particularly if you decide to meet offline or in person with a User and/or a Subscriber. You should not provide your financial information (for example, your credit card or bank account information) to other Users or Subscribers Service (“Users”) or Subscribers.
10. PROPRIETARY CONTENT.
All of the Content on our Site and included in our Services, including videos, designs, text, graphics, pictures, information, Services, data, (and the selection and arrangement thereof), and logos unless clearly identified as belonging to a third party, is solely owned by Agile 4 Life Fitness, LLC, and is protected by United States and international copyright, trademark, and other intellectual property laws, which prohibit its unauthorized use.
Visitors may view all publicly available Content for their own personal, non-commercial use. Registered Users who have purchased a service may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use.
Other than as expressly set forth in the immediately two prior sentences, you agree not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, or in any other way, exploit our content or any of our intellectual property, in whole or in part, whether manually or by electronic means, whether or not you have purchased such information, without the express written consent of Agile 4 Life Fitness, LLC.
We perform regular and routine searches for any infringing uses of our copyrighted material. If you wish to use our Content for any purpose other than viewing it for your own personal use, we offer licenses starting at $5,000. If it is discovered that you are using our Content other than in the ways expressly allowed by these Terms and Conditions, we will notify you and bill you accordingly. We also reserve the right, if such a violation is discovered, to immediately terminate your access to our websites and our Services, without refund, and prosecute you to the fullest extent of the law.
When you view our websites, we grant you a limited, revocable, non-transferable license for personal, non-commercial use only.
11. YOUR OBLIGATIONS.
Use of the Site is subject to these Terms and is only permitted within normal access or use of the Site and in accordance with any Subscription Agreement you may have with us. Your access to or use of the Site grants you no right or license to reproduce, or otherwise use any Company or third-party trademarks except as expressly set forth herein. Other company, products, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company.
You may access and use the Site only in compliance with these Terms, your Subscription Agreement, and all applicable local, state, national, and international law, rules, and regulations.
Unless otherwise expressly permitted by Company, you are granted a limited, personal, non-transferable, non-sub-licensable, revocable license to access our Site and, in connection with your Subscription Agreement, use the Site, and, as permitted, to electronically view, copy (except where prohibited without a license), and print to hard copy portions of the Site Materials.
You agree not to post or transmit through our websites any material that violates or infringes on the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You agree not to post or transmit through our websites any material that contains injurious formulas, recipes, or instructions, which encourage a criminal offense, give rise to civil liability, or otherwise violate any law.
You agree not to post or transmit through our websites any material that would constitute cyberbullying, stalking, abusing, sexually exploiting, violently exploiting, or harassing any other users of our websites. We have a zero-tolerance policy, and a violation of this term will result in your comments being immediately removed, and we reserve the right to prosecute to the fullest extent of the law.
You acknowledge and agree that we have sole discretion as to whether your content is objectionable, and we have the right to remove it without explanation or legal consequences. You also acknowledge and agree that should your content give rise to further legal action, we reserve our right to pursue, and if a third party should choose to take legal action against you based on content you posted or transmitted on our websites, you agree to hold us harmless and fully indemnify us for any actions or consequences that result. You agree that we are in no way liable to you for any defamatory or injurious conduct of any other user and agree to release us from any and all claims arising from such conduct.
You agree not to post or transmit through our websites any content that contains software viruses or other harmful computer software that interferes with or disrupts the operation of our websites or any computer hardware or software. You acknowledge and agree that you are solely responsible for all electronic communications sent to us from your computer, phone, tablet, or other devices.
12. OUR MATERIALS.
- Intellectual Property.
You acknowledge and agree that our websites consist of original work which has been produced with care, creativity, and a significant investment of time, effort, and expense, and needs to be protected from unauthorized use. You may not represent any of our Content as your own, and you acknowledge and agree that to do so constitutes theft and is a violation of our intellectual property rights. You agree not to share purchased materials with others who have not purchased them. You acknowledge and agree not to use our Content to gain profit, or attempt to gain profit, whether financially or in any other way.
All of the copyrights on our websites are solely owned by Agile 4 Life Fitness, LLC. Our logos, tag lines, names, icons, and design elements are trademarks belonging to Agile 4 Life Fitness, LLC, which help consumers identify us, and are protected by United States Intellectual Property law. You agree not to use them in any way that is likely to cause confusion among consumers, imply a connection between us, an endorsement by us, or discredit our brand in any way.
Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
All rights not expressly granted here or by express written consent are reserved by us.
2) Digital Millennium Copyright Act
Agile 4 Life Fitness, LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Agile 4 Life Fitness, LLC
McMinnville, Oregon 97128
USA
info@agile4lifefitness.com (email to: info@agile4lifefitness.com)
If you believe that your work has been copied on the websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
3) Express Written Permission.
Requests for express written permission to use any of the Content on our websites or in our Services shall be made prior to such use, in accordance with these Terms and Conditions, and can be addressed at: info@agile4lifefitness.com.
4) Our Free Materials.
If you choose to download a free resource from our website, you acknowledge and agree that this free resource is to be used for your personal, non-commercial use only. You agree not to edit, distribute, or copy this free resource in any way. You agree that if you share this free resource, you will provide Agile 4 Life Fitness, LLC proper credit and you will not represent the material to be your own. You further agree that you will not attempt to profit financially or in any other way from this free resource.
5) Our Newsletter.
If you choose to “opt-in” or subscribe to our free newsletter, in exchange for providing your email address, you acknowledge and agree that you are subscribing to a free, no-obligation “advice” email newsletter and that no purchase is necessary to participate. You agree that if you no longer wish to be subscribed to our newsletter, you may “opt out” or unsubscribe at any time, by clicking on the link provided at the bottom of every newsletter or by contacting us at info@agile4lifefitness.com. If you are unable to remove yourself from our free newsletter, you agree that the minimal intrusion of receiving our free newsletter will cause you no personal, emotional, or financial harm, and you will take no action against us for any damages or injuries.
If you choose to “opt in,” you agree to receive communications from us electronically and acknowledge and agree that we may provide notices or disclosures to you in electronic form.
13. YOUR MATERIALS.
- Intellectual Property.
You may have the opportunity to upload, post, submit, or otherwise transmit material (“Your Material”) to our website. You expressly acknowledge and agree that once you submit Your Material for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT AGILE 4 LIFE FITNESS, LLC, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.
By posting any of Your Material, you automatically warrant and guarantee that you are the owner of that material and its copyright, or that you have the express permission of the owner and copyright holder to post it on our website. The responsibility of determining whether you own Your Material and have permission to upload, post, submit, or otherwise transmit the material is entirely yours. You acknowledge and agree that we are in no way liable for any material you may upload, post, submit, or otherwise transmit to our website. You acknowledge and agree that you are solely liable for any damage or injury that results in any way from Your Material, including any damages from copyright, trademark, or proprietary rights infringement. You agree to hold us harmless from and against all claims and liabilities arising from any potential or actual infringement and or violation claimed against you. By uploading, posting, submitting, or otherwise transmitting Your Material, you automatically warrant and guarantee that you are not violating any laws, rules, regulations, or rights of third parties.
2) Security of Your Materials.
If you upload, post, submit, or otherwise transmit Your Material via our website, you acknowledge and agree that third parties may see and have access to that content. We do not make any warranties or guarantees regarding the security of any content that you upload, post, submit, or otherwise transmit to our website.
3) Our License to Your Materials.
When you upload, post, submit, or otherwise transmit Your Material to our website, you grant us an irrevocable worldwide, royalty-free, non-exclusive license to the content, in perpetuity, without any credit or compensation to you. This license grants us the right to use Your Materials for any purpose, including, to modify, change, transmit, publish, perform, sub-license, reproduce, broadcast, post, sell, create derivative works of or distribute, for promotional, business development, and marketing purposes, in whole or in part, in any way now known or developed in the future. You also grant us proprietary rights and intellectual property rights to Your Material without any additional permission needed from you or compensation to you by us. You also grant us the right to use Your Material and to identify you, or not identify you, as the author/uploader of Your Material by using your name, email address, photograph, or screen name, or any other reasonable manner of identification.
4) Your Account.
To access certain Services on our website, you may be required to create an account, including a username and password, or provide other Personal Information such as your name and email address. In order to purchase our Services, you will also be required to submit payment information and a billing address. You acknowledge and agree that any information you provide to us is voluntary, and if you do not wish to disclose such information, you can refrain from using our websites and Services. You agree that any information you provide to us will be accurate and up to date. You agree not to impersonate someone else or provide an email address other than your own and you acknowledge and agree that should information you provide to us prove to be inaccurate or if you choose to impersonate another, this may constitute a legal violation and you agree to be financially and legally responsible for any consequences that may result. You agree not to use your account in a way that is illegal, unauthorized, or violates any laws in your jurisdiction. You agree to promptly inform us of any need to deactivate a password or username or change any unique identifier. We reserve the right to delete or change your password or username, or change any unique identifier at any time and for any reason, and shall have no liability to you for any loss or damage caused by such action.
5) Other Communications.
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
14. TESTIMONIALS.
All testimonials posted on our websites have been provided voluntarily, are factual, and reflect the real-life experiences of users of our Services. Any testimonials or examples shown through our websites, programs, and/or services are only examples of what may be possible. You acknowledge and agree that these testimonials are not a guarantee that you will have the same or similar results. Agile 4 Life Fitness, LLC can not and does not make any guarantees or promises that you will achieve the same or similar results as a result of using our websites, programs, products, or services due to many varying factors, including other life choices, nutritional intake, supplementation, workout intensity, timing, health issues, and/or treatments, and genetics
15. THIRD-PARTY RESOURCES.
Our websites may contain links or recommendations to third-party websites and resources, including but not limited to photography, business, technology, health, fitness, or other related services. You agree that these are only recommendations and Agile 4 Life Fitness, LLC is in no way liable for the services provided by any third party. You acknowledge and agree that we are not responsible or liable for the functionality, accuracy, content, and policies of these third-party websites or resources. A link on our websites to a third-party website or resource does not imply any endorsement by, affiliation with, or approval of that third-party website and its resources.
These third-party websites and resources may have their own Terms and Conditions and Privacy Policies, and you acknowledge and agree that it is your sole responsibility to review those Terms and Conditions and Privacy Policies. We make no guarantees or warranties regarding the functionality, legality, or accuracy of any content on third-party websites or resources. We accept no responsibility for any loss, damage, or injury that may result from your use of them. You acknowledge and agree that you are solely responsible for, and assume all risk arising from, your use of any third-party websites or resources.
16. COMMERCE.
We may offer Services for purchase on our website. You acknowledge and agree that by making a purchase on our websites, you are subject to these Terms and Conditions, including our refund policy.
- SERVICES AND PRICING.
Although we strive to be as clear as possible in describing our Services and listing their correct prices, you acknowledge and agree that there may be inaccuracies on our website. The prices advertised on our websites are subject to change. If a discrepancy in pricing is discovered, we will inform you as soon as possible and allow you to purchase at the correct price or cancel your purchase. We reserve the right to refuse or cancel any order with an incorrect price listing. We reserve the right to change or discontinue any Services or features listed on the website, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We reserve the right to change our prices at any time, with no notice required. Our Services are offered subject to the acceptance of your order. We reserve the right to refuse to sell a Product or service to you, with no obligation to assign a reason for doing so.
2) FINANCIAL RESPONSIBILITY.
If you elect to purchase a Service and you make a payment through our websites, your Personal Information, including (but not limited to) your full name, address, telephone number, email, method of payment, credit card number and billing information may be collected by us and by an authorized third-party payment processor. You agree that all information you furnish for such purposes will be accurate, complete, and up-to-date. You warrant and guarantee that you are an authorized user of the credit card or account you use to place your order and that there are sufficient funds in your account to cover your purchase.
You acknowledge and agree that you are financially responsible for any purchases you make through our website or by another person authorized by you to act on your behalf. If it is discovered that you charged an unauthorized payment using a credit card or account belonging to someone other than yourself, you acknowledge and agree that you alone remain financially responsible for such purchases.
Upon execution of any Purchase on our websites, you agree to pay the full purchase amount for one-time purchases, or the subscription payments as agreed upon for a specific membership or program.
In the event you fail to make the payment, Agile 4 Life Fitness, LLC has the right to immediately disallow your participation until payment is paid in full, including disallowing access to classes and programs. If you have not made your payment within fourteen (14) days, Agile 4 Life Fitness, LLC has the right to terminate your access.
3) SAFETY OF YOUR PERSONAL INFORMATION.
Although we take measures to safeguard your Personal Information, we make no guarantees or warranties regarding its safety or our ability to prevent its loss or misuse. You acknowledge and agree that we are not liable for any unauthorized access to or use of your information, regardless of negligence, failures, tort, breach of implied or express contract, or other causes of action, regardless of damages. You acknowledge and agree that in no event shall total liability exceed the price of the Services that you purchased from us, or if you have not purchased our Services, then in no event shall total liability exceed $100 to any one person or collective plaintiffs.
We may use third-party payment processors to complete the commercial transactions for the Services on our website. You acknowledge and agree that those third-party payment processors may have terms, conditions, and policies that are different from those that govern our website. You agree that we are not liable for the terms, conditions, and policies of any third-party payment processor. You acknowledge and agree that by making a purchase on our website, you may also be subject to the terms, conditions, and policies of these third-party payment processors and, by making such a purchase, you agree to comply with their terms, conditions, and policies. We encourage you to visit their websites and read their policies prior to making any purchases on our website. You agree to release us, and any third payment processor we may use, from any claims for damages you may incur as a result of making a purchase from us, and agree not to file any claims against us or any third payment processor we may use, arising from your purchase through our website.
4) WAIVER AND CLIENT AGREEMENT
When you purchase our Services, on completion of your purchase, you will be presented with and asked to enter into a separate and additional agreement with us and be asked to sign a Waiver of Liability, depending on which Service you purchase (together with “Additional Agreement”).
If you do not agree to that Additional Agreement, you will not be able to complete your purchase. If you do agree to that Additional Agreement, your purchase of the Service will constitute your acceptance, and a new contract will be formed between us which will govern that purchase, and you will be bound by that Additional Agreement. That Additional Agreement and all of its terms will be in effect alongside these Terms and Conditions, and both shall apply. In the event of any conflict between the two agreements, the Additional Agreement shall prevail.
5) PAYMENTS AND DELIVERY.
Prior to processing your payment, you authorize us to complete a standard authorization check to make sure your payment is valid. If your payment does not process fully, we reserve the right to refuse to complete your purchase. No order is deemed accepted by us until payment has been processed.
When you purchase a Service from us, we will email you to confirm the placement of your order with details regarding your purchase. If there is an error in this email confirmation, you agree to notify us as soon as possible. For digital products, delivery is considered complete when your payment has been processed and we have sent you your confirmation email with the Service’s download link, whether or not you have opened this email. For physical products, delivery costs will be added to the total cost and clearly displayed on your checkout page prior to purchase. Applicable taxes will also be clearly displayed on your checkout page prior to purchase. Any purchases you make on our websites are subject to availability. Delivery times may vary according to availability and are subject to shipping delays for which we are not responsible.
6) REFUNDS.
We stand behind our Services, and your satisfaction is very important to us. Because we have invested significant time, education, creativity, and effort in creating our Services, our refund policy is as follows: No refunds will be given.