These Terms of Service ("Terms") constitute a legally binding agreement between you ("Member," "you," or "your") and True Grit Fitness LLC, a California limited liability company with its principal place of business at 6400 Irvine Blvd, Irvine, CA 92620 ("Company," "we," "us," or "our"), governing your access to and use of the services, facilities, memberships, classes, programs, and all related offerings provided by the Company (collectively, the "Services"). By accessing, registering for, or using any aspect of the Services, including but not limited to physical access to the gym facilities located at 6400 Irvine Blvd, Irvine, CA 92620, online reservations, or participation in any fitness-related activities, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy incorporated herein by reference. If you do not agree with any provision of these Terms, you must immediately cease all use of the Services. These Terms are effective as of October 16, 2025, and supersede any prior agreements or understandings, whether oral or written.
1.1 Eligibility. To be eligible for membership and use of the Services, you must be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, and possess the legal capacity to enter into these Terms. Minors under the age of eighteen (18) may access the Services only under the direct supervision of a parent or legal guardian who has executed a separate waiver and assumption of risk on their behalf, which must be provided to the Company prior to any participation. The Company reserves the right to verify eligibility and to refuse or terminate membership at its sole discretion.
1.2 Registration. Membership requires completion of a registration process, including provision of accurate personal information, such as name, contact details, and payment information. You represent and warrant that all information provided is true, accurate, current, and complete. You agree to promptly update your information to maintain its accuracy. False or misleading information may result in immediate termination of membership without refund.
1.3 Membership Types and Non-Transferability. Memberships are available in various tiers as described on the Company's website or at the facility. All memberships are personal, non-transferable, and non-assignable. Any attempt to transfer, sell, or otherwise assign a membership shall constitute a material breach of these Terms, entitling the Company to terminate the membership and pursue all available remedies, including but not limited to forfeiture of prepaid fees.
1.4 Payments and Billing. Membership fees and any additional charges (e.g., for classes, personal training, or merchandise) shall be paid monthly in advance via authorized payment methods, including credit/debit cards or electronic funds transfer. All payments are non-refundable except as expressly provided herein. You authorize the Company to charge the designated payment method on the billing date and agree to pay all applicable taxes, fees, and service charges. Late payments shall accrue interest at the maximum rate permitted by California law. The Company may update pricing upon thirty (30) days' written notice via email or posted notice at the facility.
1.5 Cancellation and Termination. Memberships may be canceled by providing thirty (30) days' written notice to the Company via email at info@true-grit.us or in person at the facility. No refunds shall be issued for partial months or unused services. The Company reserves the right to suspend or terminate your membership immediately and without notice for any violation of these Terms, including but not limited to non-payment, abusive conduct, or misuse of facilities. Upon termination, all access rights cease, and outstanding balances become immediately due.
2.1 Permitted Use. Subject to these Terms, Members are granted a limited, revocable, non-exclusive license to access and use the Company's facilities and equipment during posted operating hours for personal fitness and wellness purposes only. Use must comply with all posted rules, signage, and verbal instructions from Company staff.
2.2 Responsibility and Conduct. You agree to use all equipment, amenities, and facilities in a safe, responsible, and courteous manner, adhering to all safety guidelines and weight limits. You shall not tamper with, damage, or remove any equipment or property. Smoking, vaping, consumption of alcohol or illicit substances, and disruptive behavior are strictly prohibited. Proper athletic attire, including closed-toe shoes, is required at all times.
2.3 Cleaning and Maintenance. Members are responsible for wiping down equipment after use with provided sanitizing materials. The Company shall perform routine maintenance but disclaims liability for any interruptions due to repairs or closures.
2.4 Prohibited Activities. The following activities are expressly prohibited: unauthorized photography or videography; bringing animals (except service animals); loitering outside operating hours; or any conduct that endangers others or the property.
3.1 Reservations and Attendance. Reservations for classes and programs are on a first-come, first-served basis via the Company's online portal or app. You must arrive at least five (5) minutes prior to class start time; late arrivals may be denied entry at the instructor's discretion to maintain class integrity. No-shows or cancellations less than twenty-four (24) hours in advance may incur fees or reservation holds.
3.2 Personal Training. Personal training sessions must be scheduled in advance and paid for separately. Sessions are non-transferable and expire if not redeemed within the specified timeframe. Trainers' schedules are subject to change.
3.3 Program Modifications. The Company reserves the right to alter, cancel, or substitute classes, programs, or trainers without notice, liability, or refund, provided reasonable alternatives are offered where feasible.
4.1 Assumption of Risk. You acknowledge that participation in the Services involves inherent risks, including but not limited to physical injury, illness, property damage, or death, arising from exercise, equipment use, or interactions with other Members. You voluntarily assume all such risks and waive any claims against the Company, its officers, directors, employees, agents, or affiliates arising therefrom.
4.2 Medical Disclaimer. The Services are not medical advice. You are strongly advised to consult a licensed physician prior to commencing any fitness program, especially if you have pre-existing health conditions. The Company is not responsible for any adverse health effects.
4.3 Limitation of Liability. To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits or data, arising out of or relating to the Services, even if advised of the possibility thereof. Total liability shall not exceed the fees paid by you in the preceding twelve (12) months. These limitations apply regardless of the legal theory (contract, tort, strict liability, etc.).
4.4 Indemnification. You agree to indemnify, defend, and hold harmless the Company and its affiliates from any claims, losses, or expenses (including attorneys' fees) arising from your breach of these Terms, negligent or willful misconduct, or violation of law.
5.1 Ownership. All content on the Company's website, including text, graphics, logos, images, videos, software, and materials (collectively, "Content"), as well as trademarks, service marks, and proprietary information, are the exclusive property of the Company or its licensors, protected by United States and international intellectual property laws.
5.2 Limited License. Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable license to access and view the Content solely for personal, non-commercial use in connection with the Services. No other rights are granted.
5.3 Restrictions. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any Content without the Company's prior written consent. Unauthorized use may violate copyright, trademark, and other laws, subjecting you to civil and criminal penalties.
6.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
6.2 Venue and Jurisdiction. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Orange County, California. You irrevocably consent to the personal jurisdiction and venue therein.
6.3 Dispute Resolution. You agree to first attempt to resolve disputes informally by contacting the Company at the address provided in Section 8. If unresolved within thirty (30) days, either party may pursue remedies at law, waiving any right to class actions or jury trials to the extent permitted by law.
7.1 Amendments. The Company reserves the right to modify these Terms at any time. Updated Terms will be posted on the website with the effective date noted. Your continued use of the Services after such changes constitutes acceptance. It is your responsibility to review the Terms periodically.
7.2 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7.3 Waiver. No waiver of any breach shall constitute a waiver of any prior, concurrent, or subsequent breach.
7.4 Entire Agreement. These Terms, together with any referenced policies, constitute the entire agreement between the parties, superseding all prior understandings.
7.5 Force Majeure. The Company shall not be liable for delays or failures due to events beyond its reasonable control, including acts of God, pandemics, or government actions.
For any questions, concerns, or notices regarding these Terms, please contact: True Grit Fitness LLC, Attn: Legal Department, 6400 Irvine Blvd, Irvine, CA 92620; Email: info@true-grit.us; Telephone: (949) 418-1430. All notices must be in writing and delivered via certified mail or email with confirmation of receipt.