Terms of Service for Titanz Fitness

Effective Date: May 15, 2025

Welcome to Titanz Fitness!

These Terms of Service (“Terms”) govern your membership, access to and use of our facilities, equipment, services, website (www.titanz.net), mobile applications (including services provided through Club Ready), and participation in any related programs or promotions, including SMS marketing communications.

By accessing or using Titanz Fitness services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

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1. Membership

• Eligibility: You must be of the age of majority in your jurisdiction to become a member. If you are under the age of majority, you may be eligible for membership with the consent and guarantee of a parent or legal guardian, subject to Titanz Fitness’s policies.
• Membership Types & Fees: Titanz Fitness offers various membership types with differing fees, durations, and included services. Details of current membership options and their respective fees are available at our facility and may be displayed on our website or through the Club Ready application. All fees are subject to applicable taxes.
• Payment Authorization: You agree to pay all membership fees and other charges as outlined in your membership agreement. You authorize Titanz Fitness (and/or its third-party payment processor, such as Club Ready) to charge your chosen payment method for all amounts due.
• Recurring Billing: Many memberships are based on recurring billing. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the membership plan you select. Your membership will automatically renew at the end of each billing cycle unless you cancel it in accordance with the cancellation policy.
• Fee Changes: Titanz Fitness reserves the right to adjust membership fees. We will provide you with reasonable prior notice of any fee changes. If you do not agree to the fee change, you may cancel your membership before the change takes effect.
• Late Payments & Declined Charges: A late fee may be applied for overdue payments. If your payment method is declined, Titanz Fitness reserves the right to suspend or terminate your membership and may attempt to collect outstanding amounts.

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2. Club Ready Software and Mobile Application

• Account Creation: To access certain features, including class bookings and account management, you may need to create an account through the Club Ready software or mobile application. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.
• Accurate Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• Software Use: You agree to use the Club Ready software and mobile application only for its intended purposes related to your Titanz Fitness membership. You agree not to misuse the software or attempt to gain unauthorized access to any part of the system.
• Third-Party Terms: Your use of the Club Ready software may also be subject to Club Ready’s own terms of service and privacy policy. Titanz Fitness is not responsible for the practices of Club Ready.

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3. SMS Marketing and Other Communications

• Consent to Receive SMS Messages: By providing your mobile phone number and opting in, you expressly consent to receive informational and marketing text messages from Titanz Fitness, which may be sent using an automatic telephone dialing system or other technology, including through the Club Ready platform.
• Opt-In: You may opt-in to SMS marketing communications through various methods, including at the point of sale, via our website, or through the Club Ready application.
• Message Frequency: Message frequency will vary.
• Opt-Out: You can opt-out of receiving SMS marketing messages at any time by replying “STOP” to any message you receive from us. You may receive a confirmation message of your opt-out. After opting out, you will no longer receive marketing text messages from us unless you re-subscribe. For help, reply “HELP” to any message or contact Titanz Fitness directly.
• Message and Data Rates: Standard message and data rates may apply from your mobile carrier for any messages sent to you from us and to us from you. Titanz Fitness is not responsible for these charges.
• No Guarantee: Titanz Fitness and mobile carriers are not liable for delayed or undelivered messages.
• Purpose of Communication: We may use SMS messages and other forms of communication (e.g., email) to provide you with information about your membership, class schedules, promotions, events, and other Titanz Fitness news and updates.
• Privacy: Your mobile number and other contact information will be handled in accordance with our Privacy Policy.

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4. Code of Conduct

All members and guests are expected to:

• Behave in a respectful, courteous, and responsible manner at all times.
• Comply with all posted gym rules and staff instructions.
• Use equipment properly and safely. If you are unsure how to use any equipment, please ask a staff member for assistance.
• Wipe down equipment after use.
• Wear appropriate athletic attire and footwear.
• Refrain from using offensive language, engaging in disruptive behavior, or harassing other members or staff.
• Not bring illegal substances or weapons into the facility.
• Respect the facility and equipment. Causing damage may result in financial responsibility and/or membership termination.

Violation of the Code of Conduct may result in suspension or termination of your membership without refund.

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5. Assumption of Risk and Waiver of Liability

• Acknowledgement of Risk: You acknowledge that participation in exercise, fitness programs, and the use of gym facilities and equipment involve an inherent risk of physical injury, including but not limited to muscle strains, sprains, fractures, heart attacks, strokes, and even death. You knowingly and voluntarily assume all such risks, both known and unknown, even if arising from the negligence of Titanz Fitness or others.
• Health Representation: You represent that you are in good physical condition and have no medical reason or impairment that would prevent you from your intended use of Titanz Fitness facilities. You agree to consult with your physician before starting any new exercise program.
• Waiver and Release: In consideration of being permitted to use Titanz Fitness facilities and services, you, for yourself and on behalf of your heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue Titanz Fitness, its officers, directors, employees, agents, representatives, and Club Ready (as applicable for software-related claims directly attributable to Titanz Fitness’s provision of the software) from any and all liability, claims, demands, actions, and causes of action whatsoever, direct or indirect, arising out of or related to any loss, damage, or injury, including death, that may be sustained by you or to any of your property, whether caused by the negligence of Titanz Fitness or otherwise, while participating in any activity or while in, on, or about the premises.

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6. Privacy Policy

Titanz Fitness is committed to protecting your privacy. Our Privacy Policy, which is incorporated by reference into these Terms, explains how we collect, use, and disclose your personal information, including information collected through the Club Ready software and for SMS marketing purposes. Please review our Privacy Policy available on our website or at our facility.

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7. Membership Cancellation

• Cancellation Policy: Your right to cancel your membership and the applicable procedures and any cancellation fees will be outlined in your specific membership agreement. Generally, a written notice of cancellation may be required a certain number of days in advance.
• No Refunds for Partial Periods: Unless otherwise specified in the membership agreement or required by applicable law, membership fees are non-refundable, and we do not provide refunds or credits for any partial membership periods or unused services.

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8. Facility Rules and Regulations

• Titanz Fitness may establish and post additional rules and regulations for the safe and orderly operation of the facility and use of services. These rules are incorporated into these Terms by reference.
• Hours of operation, class schedules, and availability of equipment and services are subject to change without prior notice.

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9. Use of Third-Party Software (Club Ready)

Titanz Fitness utilizes Club Ready software for various services including, but not limited to, membership management, billing, scheduling, and communications (including SMS).

• Data Sharing with Club Ready: By using our services, you acknowledge and agree that your personal information may be shared with Club Ready to the extent necessary for them to provide these software services to Titanz Fitness. The handling of your data by Club Ready is subject to their privacy policy and terms of service.
• Service Availability: Titanz Fitness is not liable for interruptions or failures in service provided by Club Ready that are beyond Titanz Fitness’s reasonable control.

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10. Intellectual Property

All content and materials provided by Titanz Fitness, including logos, text, graphics, images, and software (including the Titanz Fitness sections of the Club Ready app), are the property of Titanz Fitness or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any such content or materials without our express written permission.

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11. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, TITANZ FITNESS PROVIDES ITS SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TITANZ FITNESS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

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12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TITANZ FITNESS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL TITANZ FITNESS’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID TITANZ FITNESS, IF ANY, IN THE LAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

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13. Indemnification

You agree to indemnify, defend, and hold harmless Titanz Fitness, its affiliates, officers, directors, employees, agents, and licensors (including Club Ready for claims specifically arising from your misuse of the software in violation of these terms that harms Club Ready via Titanz Fitness) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms.

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14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law that would require or permit the application of the laws of any other jurisdiction.

Any legal suit, action, or proceeding arising out of or relating to these Terms or your use of Titanz Fitness services shall be instituted exclusively in the state or federal courts located in Cobb County, Georgia. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

You and Titanz Fitness agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of Titanz Fitness services (collectively, “Disputes”) through good faith negotiation for a period of thirty (30) days from the time the dispute arises before initiating any formal legal proceeding.

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15. Changes to Terms of Service

Titanz Fitness reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website, through the Club Ready application, or by other means of communication. Your continued use of our services after such notice constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for any changes.

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16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

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17. Entire Agreement

These Terms, along with your specific membership agreement and our Privacy Policy, constitute the entire agreement between you and Titanz Fitness regarding your use of our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

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18. Contact Information

If you have any questions about these Terms of Service, don’t hesitate to get in touch with Titanz Fitness at:

Titanz Fitness
Email: info@titanz.net
Phone: 770-989-1884