Terms of Service
These Terms of Service (the “Terms”) govern your access to and use of firstgenfit.com (the “Site”), our mobile, email, and SMS communications, and any in-person or online services provided by First Generation Fitness (“FGFIT,” “we,” “us,” or “our”). By accessing the Site or using our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using the Site or any FGFIT services, you agree to these Terms and any policies referenced herein (including our Privacy Notice). If you do not agree, do not use the Site or our services.
2. Eligibility & Accounts
- Age. You must be at least 18 years old to purchase memberships. Individuals ages 13–17 may participate only with a parent/guardian who provides consent and signs required forms.
- Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
- Accurate Information. You agree to provide current, complete, and accurate information and to update it as needed.
3. Memberships, Billing & Cancellations
Additional membership terms may be presented at purchase and are incorporated into these Terms.
| Topic | Summary |
|---|---|
| Billing & Autopay | Most memberships renew automatically on a recurring basis. You authorize FGFIT and our payment processors to charge your payment method on the schedule shown at checkout until you cancel per these Terms. |
| Pricing & Taxes | Prices are subject to change with notice as required by law. Sales tax and fees may apply. |
| Refunds | All sales are final unless otherwise stated or required by law. Missed sessions, unused time, or partial months are generally not refundable. |
| Cancellation Policy | Ongoing memberships require 30 days’ advance written notice to cancel (email acceptable). Your membership remains active and billable during the notice period. |
| Pauses/Holds | At our discretion, we may allow temporary holds for injury, illness, or travel. Documentation may be required. Hold terms and any admin fees will be disclosed at the time of request. |
| Declined Payments | If a payment is declined, you authorize us to reattempt charges and assess reasonable late or processing fees where permitted. |
| Personal Training Packs | Session packs expire per the terms shown at purchase. No-shows or late cancellations may forfeit a session. |
4. Class Reservations & Attendance
- Pre‑registration. Advance registration may be required to secure a spot.
- Minimum enrollment. Classes may be cancelled if minimum attendance is not met. When feasible, we will notify registrants in advance.
- Late arrivals & no‑shows. We may release your spot at class start time. Late cancellations or no‑shows may incur a fee or count against class allowances.
- Schedule changes. Class times, coaches, programming, and formats are subject to change.
5. Health, Safety & Assumption of Risk
Participation in fitness activities involves inherent risks, including serious injury or death. By participating in any FGFIT activity, you acknowledge and voluntarily accept all risks, whether caused by you, others, equipment, or the facility.
- Medical Clearance. You represent that you are physically fit to participate, and you agree to consult a qualified healthcare professional before starting any new program. If you experience dizziness, fainting, pain, or shortness of breath, stop and seek medical attention.
- Waiver & Release. To the fullest extent permitted by law, you release and hold harmless FGFIT, its owners, coaches, staff, and agents from any and all claims arising from your participation, except to the extent caused by our gross negligence or willful misconduct.
- Rules & Instructions. You agree to follow all posted rules and staff instructions. We may refuse service to anyone who creates an unsafe environment or violates our policies.
- Personal Property. We are not responsible for lost, stolen, or damaged belongings.
6. Nutrition & Coaching Disclaimers
Information provided through the Site or by our staff, including nutrition guidance, is for educational purposes only and is not a substitute for medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified provider regarding a medical condition or dietary change.
7. Code of Conduct & Facility Rules
- Treat members and staff with respect; harassment or discrimination will not be tolerated.
- Use equipment properly; re‑rack weights and clean equipment after use.
- Closed‑toe athletic shoes are required on the training floor.
- Children/minors must be supervised and may only participate with proper consent.
- No filming/photography of others without consent. By being on premises or at events, you may be photographed or recorded; you grant FGFIT the right to use such media for lawful promotional purposes unless you email us to opt out.
8. Intellectual Property
The Site and its content, including text, graphics, logos, videos, and programming, are owned by FGFIT or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Site except as expressly permitted in writing.
9. User Content
If you submit reviews, comments, photos, or other content (“User Content”), you grant FGFIT a worldwide, non‑exclusive, royalty‑free license to use, reproduce, modify, publish, and display such content for our business purposes. You represent that you own or control all rights to your User Content and that it does not infringe, violate, or misappropriate any third‑party rights or laws.
10. Electronic Communications (Email & SMS)
- Consent. By providing your email or phone number, you consent to receive transactional and promotional messages from FGFIT, including via autodialer or prerecorded voice. Consent is not a condition of purchase.
- SMS Terms. Message frequency varies. Message and data rates may apply. Reply STOP to cancel and HELP for help.
- Opt‑out. You can unsubscribe from marketing emails via the unsubscribe link. We may still send transactional messages (e.g., receipts, schedule updates).
11. Privacy
Your use of the Site is also governed by our Privacy Notice, which describes how we collect, use, and share information. If a separate privacy policy is posted on the Site, that policy controls.
12. Third‑Party Services
We may use third‑party platforms for scheduling, payments, messaging, or content. Those services are governed by their own terms and privacy policies. We are not responsible for third‑party sites or services.
13. Dispute Resolution
Governing Law & Venue. These Terms are governed by the laws of the State of Michigan, without regard to its conflict‑of‑law principles. Subject to the arbitration provision below, the exclusive venue for disputes is the state or federal courts located in Michigan, and you consent to personal jurisdiction there.
Binding Arbitration; Class Action Waiver. Except for small‑claims matters or claims for injunctive relief, any dispute arising out of or relating to these Terms or the services shall be resolved by binding arbitration on an individual basis under the Commercial Arbitration Rules of the American Arbitration Association. You and FGFIT waive any right to a jury trial and to participate in a class or representative action. You may opt out of arbitration by emailing us within 30 days of first accepting these Terms. If this arbitration clause is found unenforceable, the remainder of this Section and these Terms will still apply.
14. Disclaimers
The Site and services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, FGFIT disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non‑infringement. We do not warrant that the Site will be uninterrupted, secure, or error‑free.
15. Limitation of Liability
To the fullest extent permitted by law, FGFIT and its owners, employees, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits or revenues, arising out of or related to your use of the Site or services, even if we have been advised of the possibility of such damages. Our total liability for any claim will not exceed the amount you paid to FGFIT for the service giving rise to the claim in the 12 months preceding the event.
16. Indemnification
You agree to defend, indemnify, and hold harmless FGFIT and our owners, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site or services, your violation of these Terms, or your User Content.
17. Changes to the Terms
We may update these Terms from time to time. If we make material changes, we will post the updated Terms on the Site and update the “Last Updated” date above. Your continued use of the Site or services after the changes become effective constitutes acceptance of the updated Terms.
18. General
- Severability. If any provision is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
- No Waiver. Our failure to enforce any right or provision is not a waiver of such right or provision.
- Entire Agreement. These Terms, along with any additional terms provided at purchase, constitute the entire agreement between you and FGFIT regarding the Site and services.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Accessibility. We strive to make our services accessible. If you need a reasonable accommodation, please contact us.
Contact Us
If you have questions about these Terms or our services, contact us:
First Generation Fitness (FGFIT)
Email: firstgenfit@gmail.com
Phone: (810) 673-3355
.