Terms of Service

Spite Fitness LLC
1901 Cleveland Ave., Ste. B
Santa Rosa, CA 95401
Website: www.spitefitness.com
Email: transform@spitefitness.com
Phone: (707) 806-2844

1. Acceptance of Terms
   By accessing or using any of Spite Fitness LLC’s facilities, services, websites, training sessions, or digital communications, including SMS or other mobile messages, you agree to be bound by these Terms of Service (“Terms”). These Terms form a binding legal agreement between you (“Client,” “you,” or “your”) and Spite Fitness LLC (“Spite Fitness,” “we,” “us,” or “our”).
   If you do not agree to these Terms, please do not use our services.
2. Use of Services
   Spite Fitness provides physical fitness training and gym services at its Santa Rosa facility. Access to the facility and participation in any sessions or services may be subject to scheduling, availability, and payment of applicable fees. Day use is limited to the business day of purchase unless otherwise stated in writing.

2.1 Facility Access
Your access is restricted to the date and scope of service purchased. Use of equipment, group classes, and on-site facilities must be in accordance with posted rules and staff instructions. You may not access restricted areas or use Spite Fitness property outside of authorized purposes.

3. User Conduct
   You agree to:

• Abide by all posted rules, staff guidance, and dress codes.
• Refrain from using any equipment in a manner that is unsafe or inconsistent with instructions.
• Treat other clients, staff, and trainers with respect.
• Not resell, assign, or transfer access to our services without written permission.
  We reserve the right to revoke access at any time for non-compliance with these Terms.

4. Payments and Fees
   All services, including day passes, must be paid in advance. Accepted forms of payment include credit cards, debit cards, and other approved digital methods. Fees are non-refundable unless otherwise required by law or stated in a written policy.
5. Assumption of Risk & Liability Waiver
   By using our services, you voluntarily assume all risks associated with physical activity and gym usage, including but not limited to equipment malfunctions or personal injury.
   You agree to hold harmless and release Spite Fitness LLC and its representatives from any claims, damages, or injuries arising from your use of the facility or participation in any training or related services. This waiver applies to claims of negligence, unless prohibited by law.
6. Binding Arbitration Agreement
   Any disputes arising from these Terms or your use of our services shall be resolved through binding individual arbitration or small claims court, rather than in court, except as outlined in Section 7.
   Arbitration will be governed by the Federal Arbitration Act and administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, available at www.adr.org.
   You and Spite Fitness waive the right to a jury trial or to participate in any class or representative action.
7. Exceptions to Arbitration
   You or Spite Fitness may:

• Bring an individual claim in small claims court;
• Seek injunctive relief for IP infringement;
• Request public injunctive relief;
• File a complaint with a government agency.
  All other disputes must be arbitrated individually.

8. Arbitration Notice and Process
   Before initiating arbitration, the party must send written notice of the dispute including:

• Name, mailing address, and contact information;
• A detailed description of the issue;
• The relief sought.
  Notices should be sent to:
  Spite Fitness LLC
  1901 Cleveland Ave., Ste. B
  Santa Rosa, CA 95401
  Both parties will attempt to resolve the dispute in good faith within 30 days. Failing that, either party may begin arbitration per AAA rules. Hearings, if needed, will occur in the county where you live.

9. Arbitration Costs
   You and Spite Fitness agree to split arbitrator fees equally unless the arbitrator decides otherwise per AAA Rule R-44(c).
10. Opt-Out of Arbitration
    You may opt out of this arbitration agreement within 30 days of accepting these Terms by sending written notice to:
    Email: rtransform@spitefitness.com
    Mail: Spite Fitness, 1901 Cleveland Ave., Ste. B, Santa Rosa, CA 95401
    Include your name, mailing address, and a clear statement of your wish to opt out.
11. Communications & Consent
    By using our services or providing your contact information, you agree to receive transactional and marketing messages via SMS, email, or phone. Message and data rates may apply.
    You can opt out of marketing texts by replying “STOP” to any message or by contacting us at transform@spitefitness.com. Consent to receive messages is not a condition of purchase.
12. Media Release
    By entering our facility or participating in any activity, you consent to being photographed or recorded. Spite Fitness may use your image in marketing without compensation. We do not intend to exploit your likeness and will not misrepresent your participation.
13. Changes to Terms
    We may update these Terms from time to time. Continued use of our services constitutes your acceptance of the revised Terms. The most recent version will be posted at www.spitefitness.com.
14. Governing Law
    These Terms are governed by the laws of the State of California. Any disputes not subject to arbitration will be resolved in the courts located in Sonoma County, California.
15. Contact Information
    Questions about these Terms may be directed to:
    Spite Fitness LLC
    Email: transform@spitefitness.com
    Phone: (707) 806-2844