Terms of Service & Liability Waiver

PHOENIX STRENGTH TERMS OF SERVICE & LIABILITY WAIVER

Last Updated: September 1, 2026

These Terms of Service and Liability Waiver (“Agreement”) govern your participation in personal training, online fitness coaching, nutrition guidance, programming, consultations, and related services provided by Phoenix Strength Performance LLC, doing business as Phoenix Strength (“Phoenix Strength,” “we,” “us,” or “our”).

By purchasing, enrolling in, accessing, or participating in Phoenix Strength services, and by affirmatively accepting this Agreement during checkout, you acknowledge that you have read, understood, and agreed to the following terms.

1. SERVICES

Phoenix Strength provides fitness-related services that may include individualized exercise programming, strength and conditioning programs, online coaching, in-person personal training, nutrition guidance, accountability, exercise demonstrations, progress monitoring, consultations, and coach communication.

Specific services may vary depending on the program or membership purchased.

2. HEALTH ACKNOWLEDGMENT

You understand that exercise and changes to physical activity or nutrition may involve risks and may not be appropriate for every individual.

You are responsible for determining whether you are physically capable of participating in Phoenix Strength services. You agree to disclose relevant limitations, injuries, restrictions, or other circumstances that may affect your ability to participate safely.

You should consult an appropriate licensed healthcare professional before beginning or modifying an exercise or nutrition program when appropriate for your circumstances.

You agree to stop exercising and seek appropriate medical attention if you experience symptoms that may indicate a medical emergency or other serious health concern.

3. PHOENIX STRENGTH DOES NOT PROVIDE MEDICAL CARE

Phoenix Strength does not provide medical diagnosis, medical treatment, physical therapy, psychotherapy, or other licensed healthcare services unless expressly stated otherwise.

Fitness coaching and information provided through Phoenix Strength are not substitutes for individualized medical advice, diagnosis, or treatment from an appropriately licensed healthcare professional.

4. NUTRITION GUIDANCE

Any nutrition information provided by Phoenix Strength is intended for general fitness, performance, habit-building, and educational purposes.

Unless specifically provided by an appropriately licensed professional acting within their legal scope of practice, nutrition guidance is not medical nutrition therapy and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

5. ASSUMPTION OF RISK

You understand and acknowledge that physical exercise and fitness activities involve inherent risks, including but not limited to muscle strains, sprains, falls, equipment-related injuries, cardiovascular events, aggravation of pre-existing conditions, serious bodily injury, disability, and, in rare circumstances, death.

These risks may exist whether services are provided in person or remotely.

You voluntarily choose to participate in Phoenix Strength services and knowingly assume the inherent and reasonably foreseeable risks associated with your participation.

6. ONLINE AND REMOTE COACHING

For remote or online coaching, Phoenix Strength cannot directly supervise your environment, equipment, exercise technique, or physical condition at all times.

You are responsible for selecting a safe training environment, using appropriate equipment, following instructions, exercising within your abilities, and stopping any activity that causes unusual or concerning pain, dizziness, shortness of breath, or other concerning symptoms.

7. RELEASE AND WAIVER OF LIABILITY

To the fullest extent permitted by California law, you voluntarily release and agree not to hold Phoenix Strength Performance LLC, Phoenix Strength, and their owners, managers, employees, coaches, contractors, agents, and representatives liable for claims arising from the ordinary negligence of the released parties in connection with your voluntary participation in Phoenix Strength fitness activities or services.

This release is intended to apply only to the extent permitted by applicable law.

Nothing in this Agreement is intended to release or waive liability that cannot legally be waived, including liability arising from gross negligence, reckless or willful misconduct, fraud, intentional injury, violations of law, or any other liability that applicable law prohibits from being waived.

8. NO GUARANTEE OF RESULTS

Fitness, strength, performance, body composition, and other results vary significantly between individuals.

Phoenix Strength does not guarantee any particular result, amount of weight loss, muscle gain, strength improvement, athletic achievement, or timeframe for results.

Your results depend on numerous factors, including adherence, effort, nutrition, recovery, sleep, training history, genetics, lifestyle, and other circumstances.

9. CLIENT RESPONSIBILITIES

You agree to provide accurate information, follow coaching instructions to the best of your ability, communicate relevant concerns or limitations, use equipment responsibly, and exercise within your capabilities.

You remain responsible for your own decisions and actions while participating in Phoenix Strength services.

10. MEMBERSHIP AND RECURRING BILLING

If you purchase a recurring Phoenix Strength membership or subscription, you authorize the payment method provided at checkout to be charged at the price and billing interval disclosed to you before purchase until the subscription is canceled.

The applicable price, billing frequency, and material subscription terms will be presented during checkout.

Your subscription will automatically renew according to the billing interval disclosed at checkout unless you cancel it before the next applicable renewal charge.

11. CANCELLATION

You may cancel a recurring subscription through the online cancellation method Phoenix Strength makes available to you.

Cancellation stops future renewal charges but does not ordinarily reverse charges that were properly incurred before cancellation.

Phoenix Strength will provide cancellation options and notices as required by applicable law.

12. REFUNDS

Except where required by law or expressly stated otherwise at the time of purchase, payments for coaching services, memberships, and subscription periods that have already begun are non-refundable.

Phoenix Strength may, at its discretion, issue refunds or credits in exceptional circumstances. Any discretionary refund does not create an obligation to provide similar refunds in the future.

13. FAILED PAYMENTS

If a recurring payment fails, Phoenix Strength or its payment processor may attempt to collect the payment again.

Access to services may be suspended or terminated if required payments remain unpaid.

14. COMMUNICATIONS

By enrolling in Phoenix Strength services, you agree to receive communications reasonably necessary to provide your coaching or membership, including onboarding information, scheduling information, billing notices, service updates, and direct coaching communications.

Marketing communications will be handled in accordance with applicable law and available opt-out rights.

15. THIRD-PARTY SERVICES

Phoenix Strength may use third-party services and platforms to provide portions of its services, including payment processors, coaching software, website providers, scheduling platforms, email providers, and other technology services.

Your use of certain third-party platforms may also be subject to those providers’ respective terms and privacy practices.

16. INTELLECTUAL PROPERTY

Phoenix Strength programming, written materials, exercise libraries, educational resources, graphics, videos, branding, and other proprietary materials are provided for your personal, non-commercial use unless otherwise stated.

You may not reproduce, distribute, sell, publicly publish, sublicense, or commercially exploit Phoenix Strength proprietary materials without prior written permission.

17. PHOTOS, VIDEOS, AND TESTIMONIALS

Purchasing or participating in Phoenix Strength services does not automatically grant Phoenix Strength permission to use your name, likeness, photographs, videos, transformation images, or testimonials for advertising or promotional purposes.

Phoenix Strength will obtain separate permission when such consent is required.

18. TERMINATION OF SERVICES

Phoenix Strength reserves the right to suspend or terminate services for nonpayment, abusive or threatening conduct, misuse of services, material violations of this Agreement, or conduct that reasonably creates safety or operational concerns.

Where appropriate, Phoenix Strength may provide notice or an opportunity to resolve the issue before termination.

19. PRIVACY

Phoenix Strength may collect and process information reasonably necessary to operate its business and provide services.

Additional information concerning the collection, use, disclosure, and protection of personal information may be provided in the Phoenix Strength Privacy Policy.

20. ELECTRONIC AGREEMENT

You agree that electronic acceptance of this Agreement, including checking a box or otherwise affirmatively accepting these terms during online checkout, constitutes your electronic signature and agreement to be bound by these terms to the extent permitted by applicable law.

You should retain a copy of this Agreement for your records.

21. GOVERNING LAW

This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.

22. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as appropriate, and the remaining provisions will remain in effect.

23. ENTIRE AGREEMENT

This Agreement, together with the specific pricing, subscription terms, and other material terms disclosed at the time of purchase, constitutes the agreement between you and Phoenix Strength regarding the subjects addressed herein, except for any separate written agreement expressly entered into between you and Phoenix Strength.

24. CONTACT

Questions regarding these Terms or Phoenix Strength services may be directed to:

Phoenix Strength Performance LLC
DBA Phoenix Strength
Email: jason@phoenixstrengthco.com

ACKNOWLEDGMENT

By affirmatively accepting these terms, you acknowledge that:

You have read and understand this Agreement.
You understand that physical exercise involves inherent risks.
You voluntarily assume the risks described above.
You understand the recurring billing and cancellation terms applicable to your subscription.
You agree to the release and waiver of liability described above to the fullest extent permitted by law.
You understand that you are entering into a legally binding agreement.