1. Introduction and Acceptance
These Terms and Conditions ("Terms") govern your access to and use of the Gym Atlas website, application, and related services (collectively, the "Platform"), operated by Tech Girl LLC ("Company," "we," "us," or "our").
The Platform connects independent fitness trainers ("Trainers") with individuals seeking fitness programming and guidance ("Clients"). "You" and "User" refer to any Trainer or Client who accesses or uses the Platform.
BY CREATING AN ACCOUNT, CLICKING "I AGREE," OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE HEALTH AND SAFETY DISCLAIMER (SECTION 4), ASSUMPTION OF RISK (SECTION 5), RELEASE AND WAIVER (SECTION 6), LIMITATION OF LIABILITY (SECTION 11), AND DISPUTE RESOLUTION (SECTION 14). IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Platform.
2. The Platform's Role — We Are a Venue, Not a Provider of Fitness Services
The Company is a technology platform only. We provide software that enables Trainers and Clients to find one another, communicate, deliver programs, and process payments. We are not a fitness, health, medical, nutritional, or coaching service provider.
- We do not create, supervise, control, direct, or endorse any fitness program, exercise, routine, meal plan, or advice provided by a Trainer.
- Trainers are independent third parties, not employees, agents, partners, or representatives of the Company. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between the Company and any Trainer.
- We do not verify, guarantee, or warrant the qualifications, certifications, licensing, competence, background, or conduct of any Trainer, or the suitability, safety, accuracy, or effectiveness of any program or guidance provided through the Platform.
- Any contract for fitness services is solely between the Client and the Trainer. The Company is not a party to that relationship and is not responsible for either party's performance.
You acknowledge that you use the Platform, and engage with other Users, at your own risk.
3. Eligibility, Accounts, and Conduct
3.1 Account registration. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity under your account.
3.2 Acceptable use. You agree not to: (a) provide false information; (b) impersonate any person or entity; (c) harass, abuse, threaten, or harm another User; (d) use the Platform for any unlawful purpose; (e) circumvent the Platform to avoid fees; (f) attempt to gain unauthorized access to the Platform or other accounts; or (g) upload malicious code or content that is defamatory, obscene, infringing, or otherwise objectionable.
3.3 Suspension/termination. We may suspend or terminate any account at any time, with or without notice, for any reason, including suspected violation of these Terms.
3.4 Messaging and communications. The Platform includes messaging features that let Trainers and Clients communicate. Messages are between the participating Users; the Company is not a party to, and does not control, the content of User communications. You are responsible for the content you send. Message-based guidance is not real-time supervision and must not be used for urgent or emergency needs (see Section 7.3).
3.5 User Content and license. "User Content" means messages, text, photos, videos, and other material you submit through the Platform. You retain ownership of your User Content and grant the Company a non-exclusive, worldwide, royalty-free license to host, store, transmit, display, back up, and (where permitted) moderate that content as needed to operate the Platform, including delivering your messages to their intended recipient. You represent that you have the rights to the User Content you submit and that it does not violate these Terms or any law.
3.6 Prohibited content and conduct in messaging. In addition to Section 3.2, you agree not to use messaging or any User Content to: (a) harass, bully, threaten, defame, or abuse anyone; (b) send obscene, sexually explicit, hateful, violent, or otherwise objectionable content; (c) share content that infringes another's intellectual-property or privacy rights; (d) send spam, scams, malware, or unsolicited promotions; (e) solicit or arrange payment outside the Platform to avoid fees; or (f) share another person's private or personal information without their consent. The Company maintains a zero-tolerance policy for objectionable content and abusive users.
3.7 Monitoring, reporting, and enforcement. The Company may, but is not obligated to, monitor, review, or moderate User Content. We provide tools for you to report or flag objectionable content or abusive users and to block other Users; reported content and users are reviewed and acted upon within a reasonable time. We may remove content and suspend or terminate accounts that violate these Terms, and we may preserve and disclose User Content where we believe in good faith it is necessary to comply with law, enforce these Terms, or protect the safety of any person.
4. HEALTH AND SAFETY DISCLAIMER — NOT MEDICAL ADVICE
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND YOUR HEALTH.
4.1 Not medical advice. The Platform, the Company, and the Trainers do not provide medical advice, diagnosis, or treatment. Fitness programs, workouts, messages, and any guidance delivered through the Platform are for general fitness and informational purposes only and are not a substitute for professional medical advice, examination, diagnosis, or treatment.
4.2 Consult a physician first. Physical exercise can be strenuous and carries inherent risks. You should consult a qualified physician or healthcare provider before beginning, changing, or continuing any exercise program, diet, or fitness regimen, especially if you are pregnant, have or suspect any injury, illness, disability, cardiovascular condition, or other medical condition, or are taking medication. Do not disregard, avoid, or delay obtaining medical advice because of anything provided through the Platform.
4.3 Stop and seek help. If you experience dizziness, pain, shortness of breath, chest discomfort, faintness, or any other symptom of distress during or after exercise, stop immediately and seek medical attention. If you believe you have a medical emergency, call your local emergency number immediately.
4.4 Your responsibility. You are solely responsible for: (a) determining whether any program or activity is appropriate and safe for you; (b) performing all exercises with proper form and within your own limits; (c) using safe, suitable, and well-maintained equipment and environment; and (d) disclosing relevant health information to your Trainer. You assume full responsibility for your own health, safety, and wellbeing.
4.5 No results guaranteed. Individual results vary and depend on many factors outside the Company's and Trainer's control. No specific outcome, result, or level of fitness, weight loss, or performance is promised or guaranteed.
5. Assumption of Risk
You understand and acknowledge that physical exercise and fitness activities — including those designed or guided remotely through the Platform — involve inherent and significant risks, including but not limited to muscle strains, sprains, fractures, cardiovascular events, aggravation of pre-existing conditions, serious bodily injury, permanent disability, and, in rare cases, death.
You further understand that because programming and guidance are delivered remotely and the Trainer cannot physically observe, supervise, or correct you in real time, additional risks exist, including the risk that a program may not account for your specific condition or that you may perform an exercise incorrectly without immediate correction.
You knowingly, voluntarily, and freely assume all such risks, both known and unknown, and accept full responsibility for any injury, loss, or damage arising from your participation in any activity related to your use of the Platform.
6. Release, Waiver, and Covenant Not to Sue
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, in consideration of being permitted to use the Platform, you (on behalf of yourself and your heirs, executors, administrators, and assigns) hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Company and its officers, directors, employees, agents, affiliates, and licensors (the "Released Parties") from any and all claims, demands, liabilities, damages, costs, or causes of action of any kind — including those arising from negligence — that you may have arising out of or related to: (a) your use of the Platform; (b) any program, workout, advice, or guidance provided by a Trainer; (c) any act or omission of a Trainer or other User; or (d) any injury, illness, death, or property damage sustained in connection with your fitness activities.
7. Specific Terms for Clients
7.1 You are responsible for accurately describing your health status, fitness level, injuries, goals, and limitations to your Trainer. The Company is not responsible for any consequence of incomplete or inaccurate information you provide.
7.2 Programs and guidance are personalized opinions of an independent Trainer, not the Company. You are responsible for evaluating their suitability for you, and for seeking professional medical clearance where appropriate.
7.3 Message-based guidance is not real-time supervision. Response times vary, and the Platform must not be used to seek urgent or emergency assistance.
8. Specific Terms for Trainers
8.1 Independent contractor. You are an independent professional operating your own business. You are solely responsible for the programs, advice, and services you provide, and for compliance with all laws, licensing, certification, and tax obligations applicable to you.
8.2 Your representations. You represent and warrant that you: (a) hold all qualifications, certifications, and licenses you claim or that are required to provide your services; (b) will provide services with reasonable professional skill and care; (c) will not provide medical, psychological, or other advice you are not qualified or licensed to give; and (d) will obtain appropriate health information and recommend medical clearance from Clients where appropriate.
8.3 Insurance. You are responsible for obtaining and maintaining your own professional liability/indemnity and general liability insurance. The Company does not provide insurance coverage for you.
8.4 No employment. You acknowledge you are not an employee or agent of the Company and are not entitled to any employee benefits.
9. Payments, Fees, and Refunds
9.1 Client payments. Clients pay the fees stated on the Platform for the programs and coaching they purchase from a Trainer, as shown at the time of purchase. All fees are in USD unless stated otherwise and are charged on a recurring basis where a subscription is selected.
9.2 Platform commission. The Company facilitates payments between Clients and Trainers and charges a service commission of fifteen percent (15%) of each Client payment processed through the Platform. The Company deducts this commission from the amount collected and remits the remaining balance to the Trainer as that Trainer's payout. By using the Platform, Trainers authorize the Company to deduct the commission before payout. The Company may change the commission rate prospectively on reasonable notice; changes do not affect transactions already completed.
9.3 Payment processing. Payments are processed by Stripe (including via Stripe Connect for Trainer payouts), and your use of that service is subject to Stripe's terms. You authorize the Company and Stripe to charge your selected payment method. The Company is not responsible for the acts or omissions of payment processors. Trainers are responsible for providing accurate payout information and for any taxes on their earnings.
9.4 App store purchases. If you purchase through the iOS or Android app, the applicable app store's payment terms and fees may also apply, and that store may process the transaction.
9.5 Cancellations and refunds.
- Cancel anytime. You may cancel a subscription at any time through your account settings. Cancellation stops future renewals; your access continues through the end of the billing period you have already paid for.
- No partial-period refunds. Except as required by law or expressly stated, fees already paid for a current or past billing period are non-refundable, because coaching services are delivered during that period.
- Statutory rights preserved. Nothing in this Section limits any non-waivable refund or cooling-off right you may have under applicable consumer-protection law, which prevails to the extent it applies.
- Disputes between Client and Trainer. Because programs and guidance are provided by independent Trainers, service-quality disputes are primarily between the Client and the Trainer. The Company may, at its sole discretion and without obligation, issue goodwill credits or refunds or mediate, but is not required to do so.
- Chargebacks. If you initiate a chargeback, we may suspend your account pending resolution. We reserve the right to contest chargebacks we believe are improper.
Full details are in our Refund Policy at https://gymatlas.fitness/legal/refund-policy.
10. Disclaimer of Warranties
THE PLATFORM AND ALL CONTENT, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, SAFETY, OR QUALITY OF ANY PROGRAM, GUIDANCE, OR TRAINER. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
11.1 IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR PERSONAL INJURY OR DEATH ARISING FROM THE ACTS OR OMISSIONS OF A TRAINER OR OTHER USER, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES YOU PAID TO THE COMPANY IN THE twelve (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. (For reference, comparable platforms cap at: Trainerize — CDN$100; TrueCoach — the greater of two months' fees or US$1,000. A "greater of fees-paid or fixed floor" cap is the industry norm.)
11.3 Some jurisdictions do not allow the exclusion or limitation of certain damages (including for death or personal injury caused by negligence, or for fraud). In such jurisdictions, the above limitations apply only to the extent permitted by law, and nothing in these Terms excludes liability that cannot lawfully be excluded.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any law or third-party right; (d) for Trainers, the programs, advice, or services you provide and any injury or damage they cause; and (e) for Clients, your fitness activities and any information you provide.
13. Intellectual Property and User Content
13.1 The Platform and its software, design, and trademarks are owned by the Company and protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose.
13.2 Trainers retain ownership of original program content they create, but grant the Company a non-exclusive, worldwide, royalty-free license to host, store, display, and transmit that content as necessary to operate the Platform and deliver it to Clients.
13.3 Clients may use programs delivered to them for their own personal, non-commercial use only and may not redistribute or resell them.
14. Dispute Resolution and Governing Law
14.1 Governing law. These Terms are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules.
14.2 Binding arbitration; class-action and jury-trial waiver. (Recommended approach — this mirrors what leading platforms such as Trainerize and TrueCoach use for US users. Confirm with your attorney.)
Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by FINAL AND BINDING ARBITRATION on an INDIVIDUAL BASIS, administered by JAMS under its applicable rules, in Seattle, Washington (the same venue Trainerize uses).
YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR PRIVATE ATTORNEY GENERAL ACTION. No arbitration will be consolidated with any other proceeding without all parties' consent.
Consumer carve-out / opt-out. [Your attorney should add: (a) a 30-day right to opt out of arbitration; and (b) carve-outs preserving rights that consumer-protection laws make non-waivable.] Nothing in this section prevents either party from bringing an individual claim in small-claims court or seeking injunctive relief for intellectual-property misuse. 14.3 You agree to first attempt to resolve any dispute informally by contacting us at support@gymatlas.fitness.
15. Privacy
Your use of the Platform is also governed by our Privacy Policy at https://gymatlas.fitness/legal/privacy, which explains how we collect, use, and share personal and health-related information. Health data may be subject to special legal protections (e.g., GDPR special-category data); ensure your Privacy Policy and practices comply.
16. Changes to These Terms
We may modify these Terms at any time. Material changes will be notified via the Platform or email. Your continued use after changes take effect constitutes acceptance. If you do not agree, stop using the Platform.
17. Miscellaneous
17.1 Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
17.2 No waiver. Our failure to enforce any provision is not a waiver.
17.3 Entire agreement. These Terms, together with any policies referenced herein, constitute the entire agreement between you and the Company regarding the Platform.
17.4 Assignment. You may not assign these Terms without our consent; we may assign them freely.
17.5 Survival. Sections 4–6 and 10–14 survive termination.
18. Contact
Questions about these Terms: Tech Girl LLC, Kirkland, WA, USA, support@gymatlas.fitness.