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Terms & Conditions (Website Terms of Use)

Effective Date: February 20, 2026
Welcome to Sculpt Personal Fitness (“Sculpt,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of www.sculpthm.com (the “Site”) and any related content, features, scheduling tools, online services, memberships, classes, personal training, small group training, bootcamps, assessments, and other services offered by Sculpt (collectively, the “Services”).

By accessing or using the Site or Services, you agree to these Terms. If you do not agree, do not use the Site or Services.

1) Who We Are / Contact

Questions about these Terms can be sent to: info@sculpthm.com.

2) Eligibility

You must be at least 18 years old to use the Site and purchase Services unless a parent/guardian provides consent and completes any required waivers for a minor. You represent that you have the legal capacity to enter into these Terms.

3) Changes to the Site or Terms

We may update the Site, Services, pricing, policies, or these Terms at any time. Changes become effective when posted. Your continued use after changes are posted means you accept the updated Terms.

4) Health & Medical Disclaimer (Important)

Sculpt provides fitness, wellness, and educational services not medical care.

  • Consult your physician before starting any exercise program, nutrition plan, or wellness routine—especially if you are pregnant, nursing, have a medical condition, or take medications.

  • The Site may include general fitness or nutrition information. This information is for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

  • Stop immediately if you feel pain, dizziness, nausea, shortness of breath beyond normal exertion, or any unusual symptoms, and seek medical attention.

5) Assumption of Risk & Release of Liability

Physical activity and use of fitness facilities/equipment carry inherent risks, including property damage, illness, injury, disability, or death.

By using the Site or participating in any Services (in-person or virtual), you:

  • assume all risks associated with exercise and facility use; and

  • agree that Sculpt, its owners, employees, contractors, trainers, and affiliates will not be liable for any injury, loss, or damage except to the extent caused by our gross negligence or willful misconduct where such limitation is not permitted by law.

Note: Many studios also require a separate in-person or digital waiver. These Terms do not replace any waiver you sign; both may apply.

6) Accounts, Scheduling, and Communications

If you create an account or book a session/class:

  • You agree to provide accurate, current information and keep it updated.

  • You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

  • You consent to receive service-related messages (e.g., booking confirmations, schedule changes). If you opt into marketing texts/emails, you can opt out at any time.

7) Payments, Memberships, and Billing

If you purchase a membership, package, class, or other Services:

  • You authorize Sculpt (and our payment processors) to charge your selected payment method for amounts due, including applicable taxes and fees.

  • Recurring memberships may renew automatically unless canceled in accordance with the applicable policy provided at purchase/checkout.

  • Prices, offerings, and billing cycles may change; we will post updates or notify you as required.

Chargebacks: If you initiate a chargeback or payment dispute, we may suspend your account/services while the dispute is investigated.

8) Cancellation, Rescheduling, No-Shows, and Refunds

Policies can vary by Service type and may be displayed at checkout, in your membership agreement, or in booking confirmations. Unless otherwise stated in writing by Sculpt:

  • Appointments/Personal Training: May require advance notice to cancel or reschedule to avoid being charged or forfeiting the session.

  • Classes/Small Group/Bootcamp: Late cancellations or no-shows may result in loss of the class credit or a fee.

  • Refunds: Payments are generally non-refundable once a service period begins or a session/class is delivered, except where required by law or explicitly stated otherwise.

If a specific cancellation window or refund rule is provided at the time of purchase, that rule controls.

9) Facility Rules and Conduct

When using our facility or attending sessions/classes, you agree to:

  • follow trainer/staff instructions and posted rules,

  • use equipment safely and as intended,

  • behave respectfully toward staff and other members,

  • refrain from harassment, threats, illegal activity, or disruptive conduct.

We may refuse service or suspend/terminate access for violations, safety concerns, or misuse of the Site or Services.

10) Promotions, Trials, and Special Offers

Promotions (including “free assessments,” trials, discounts, referral offers, or limited-time pricing) may have additional terms, expiration dates, eligibility requirements, and limits. We may modify or discontinue promotions at any time.

11) Intellectual Property

The Site and all content (logos, branding, text, images, videos, workout plans, designs, and other materials) are owned by Sculpt or licensed to us and protected by intellectual property laws.

You may not copy, reproduce, distribute, modify, create derivative works, sell, or exploit any Site content without our prior written permission, except for normal personal, non-commercial use of the Site.

12) User Content (Reviews, Comments, Photos, etc.)

If you submit content (e.g., testimonials, reviews, comments, photos, videos):

  • you represent you own it or have permission to post it, and it does not violate any rights or laws; and

  • you grant Sculpt a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute that content for business purposes (e.g., marketing), unless you request removal and removal is reasonably possible.

We may remove user content at any time.

13) Third-Party Links and Tools

The Site may link to third-party websites or use third-party tools (e.g., scheduling, payment processing). We do not control these third parties and are not responsible for their content, policies, or practices. Your use of third-party services is subject to their terms.

14) Privacy

Your use of the Site is also subject to our Privacy Policy (posted on the Site). If a Privacy Policy is not yet posted, we recommend adding one—especially if you collect contact forms, payments, or analytics.

15) Disclaimers (No Guarantees)

We provide the Site and Services on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law:

  • we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement;

  • we do not guarantee specific fitness results, weight loss outcomes, or uninterrupted/error-free Site access.

Results vary by individual and depend on many factors (effort, health conditions, consistency, nutrition, sleep, and more).

16) Limitation of Liability

To the fullest extent permitted by law, Sculpt will not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits/data, arising from your use of the Site or Services.

Where liability cannot be excluded, our total liability will be limited to the amount you paid Sculpt for the applicable Service in the three (3) months before the event giving rise to the claim (or the minimum amount allowed by law).

17) Indemnification

You agree to indemnify and hold harmless Sculpt and its owners, employees, contractors, and affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of:

  • your use of the Site or Services,

  • your violation of these Terms,

  • your violation of any law or third-party rights, or

  • your submitted content.

18) Termination

We may suspend or terminate your access to the Site or Services at any time if you violate these Terms, pose a safety risk, or misuse the Site. You may stop using the Site at any time. Termination does not affect obligations that should survive (e.g., payment obligations, IP, indemnity, limitation of liability).

19) Governing Law and Disputes

These Terms are governed by the laws of the state where Sculpt is headquartered, without regard to conflict of law rules. Any dispute will be brought in the state or federal courts located in that state/county, unless otherwise required by law.

Tip: Replace the above with your exact state/county (e.g., New Jersey / Mercer County) if you want this to be specific.

20) Electronic Consent

By using the Site and purchasing Services online, you consent to electronic records, notices, and signatures where permitted by law.

21) Severability

If any part of these Terms is found unlawful or unenforceable, the rest will remain in effect.

22) Entire Agreement

These Terms, along with any posted policies (e.g., Privacy Policy) and any membership/service agreements or waivers you sign, constitute the entire agreement between you and Sculpt regarding the Site and Services.

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