Gym & Studio Terms

1. Who these terms are between

These Gym & Studio Terms ("Gym Terms") are an agreement between Garrett Makes It, LLC ("MuscleBuddy", "we", "us") and the gym, studio, club or other organisation that buys a gym plan (the "Organisation"). The Organisation is the customer, not the person who completes the checkout. By ticking the box at checkout, that person confirms they are authorised to bind the Organisation, and the Organisation accepts these Gym Terms.

The Terms of Service at /terms also apply to every individual account, including the accounts of the Organisation’s owners, staff and trainers. Where these Gym Terms and the Terms of Service disagree about the Organisation’s plan, these Gym Terms govern.

2. Plans, seats and billing

A gym plan is a monthly subscription for a stated number of member seats. Each active seat gives one member Pro access for as long as they remain an active member of the Organisation and the plan is paid. The plan renews automatically each month at the then-current price, charged to the payment method on file, until the Organisation cancels it from the billing page in MuscleBuddy. Cancelling stops the next renewal; seats stay active until the end of the period already paid for.

Payments are non-refundable and a period is not pro-rated on cancellation, except where the law says otherwise. A plan change takes effect immediately, with the difference for the rest of the period charged or credited on the next invoice. We may change prices for future periods with notice before the affected renewal. The Organisation is responsible for any taxes on the plan other than taxes on our income.

If the Organisation has more active members than its plan allows, every member keeps their seat for a grace period while the Organisation upgrades or removes members; after it, the seat limit is enforced.

3. When the plan ends

When the plan ends, whether by cancellation, non-payment or termination, members lose the Pro access their seat provided at the end of the paid period. Their MuscleBuddy accounts, and all the training, nutrition and health data in them, stay theirs: they keep using the Service on whatever plan they choose, and nothing in them is deleted because the Organisation’s plan ended.

The Organisation’s staff and trainers lose access to member data through the Organisation when the plan ends or when a member leaves the Organisation, whichever is first. Organisation-level records (branches, equipment lists, schedules and aggregate analytics) are kept for 90 days so a renewed plan can pick up where it left off, and are then deleted unless the Organisation asks for earlier deletion.

4. Member data

Each member owns the data in their own account and decides what the Organisation’s staff and trainers may see, under the same rules that apply to a coach in section 8 of the Terms of Service. Staff and trainers may use member data only to provide the Organisation’s services to that member.

MuscleBuddy is an independent controller of members’ account data: we collect it from the member, under our Privacy Policy, to provide the Service to them, and we do not process it on the Organisation’s instructions. The Organisation is an independent controller of whatever member data its staff and trainers view or export for its own purposes, and is responsible for having a lawful basis and giving its own notices for that use.

Where we process personal data on the Organisation’s behalf and on its instructions, such as staff accounts the Organisation creates or information it uploads about people who are not members, we do so as its processor under Schedule A below.

Organisation analytics are shown only in aggregate, and only for groups large enough that no individual member can be singled out.

5. Staff and trainers

The Organisation is responsible for the conduct of the people it gives access to, and for removing access when someone leaves. Every staff member and trainer is bound by the Terms of Service as a user, and by the coach rules in its section 8 when they work with a member’s data: they access only what the member has shared, only to serve that member, and they do not present AI-generated output as their own professional medical or clinical advice.

MuscleBuddy is not a business associate and does not sign business associate agreements. If the Organisation or anyone working for it is a HIPAA covered entity, it must not use the Service to create, receive or store protected health information about patients.

6. Acceptable use and suspension

The Organisation must not use the Service unlawfully, resell or sublicense seats, give seats to people who are not genuinely its members, or use member data for advertising, profiling or sale. We may suspend the Organisation’s access to gym features for a material breach of these Gym Terms or to protect members or the Service, and will tell the Organisation why unless the law or an investigation prevents it. Suspension of the Organisation never suspends a member’s own account.

7. Warranties and liability

The Service is provided "as is" and "as available", as described in section 11 of the Terms of Service, and is not a medical device or a substitute for professional advice.

To the extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or goodwill, arising from these Gym Terms. Each party’s total liability under these Gym Terms is limited to the fees the Organisation paid for the gym plan in the twelve months before the claim arose. These limits do not apply to the Organisation’s payment obligations, to either party’s indemnity obligations, to a party’s fraud or wilful misconduct, or to liability that cannot be limited by law.

The Organisation will indemnify MuscleBuddy against third-party claims arising from its staff’s and trainers’ conduct toward members, or from its use of member data outside these Gym Terms.

8. Governing law and disputes

These Gym Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. Before starting any proceeding, the party with the dispute will contact the other (us at garrett@garrettmakesit.com) and allow 30 days to resolve it informally. Any dispute not resolved informally will be brought only in the state or federal courts located in Florida, and each party consents to their jurisdiction. The consumer arbitration agreement in section 14 of the Terms of Service does not apply to a dispute under these Gym Terms.

If the Organisation is a sole trader who counts as a consumer under the law where they live, nothing in this section removes rights that law gives them, including the right to bring proceedings in their home courts.

9. Term, changes and contact

These Gym Terms last for as long as the Organisation has a gym plan, and sections 3, 4, 7 and 8 survive its end. We may update these Gym Terms; a new version applies from the Organisation’s next checkout or renewal after we tell its owner, and the Organisation may cancel before then if it does not agree.

Questions about these Gym Terms? Contact Garrett Makes It, LLC at garrett@garrettmakesit.com or by phone at (386) 243-4263.

Schedule A: Data processing terms

This schedule applies only where section 4 says MuscleBuddy processes personal data as the Organisation’s processor.

Instructions: we process that data only to provide the gym features to the Organisation and on its documented instructions, which are these Gym Terms and its use of the Service’s settings. Confidentiality: everyone we authorise to process it is bound to keep it confidential. Security: we protect it with the measures described in the Security section of our Privacy Policy. Sub-processors: the Organisation authorises the service providers listed in our Privacy Policy; we will give notice of a new one through the Service before it receives this data, and the Organisation may object and cancel. Assistance: we will help the Organisation answer requests from the people the data is about and meet its security, breach-notification and impact-assessment obligations, as far as the Service allows. Breaches: we will notify the Organisation without undue delay after becoming aware of a breach affecting this data. Deletion: when the plan ends we delete this data within 90 days unless the law requires us to keep it. Audit: we will make available the information reasonably needed to show compliance with this schedule.

Where the GDPR or UK GDPR applies, this schedule is intended to meet Article 28, and a transfer outside the EEA or UK is covered by the safeguards described in our Privacy Policy.