All Out Fitness
Last Modified: September 13th, 2026
ALL OUT FITNESS
WEBSITE & APP TERMS & CONDITIONS
Including:
TERMS OF WEBSITE & MOBILE APP USE
TERMS OF SALE
SERVICE RULES, POLICIES, STANDARDS AND REGULATIONS
GENERAL PROVISIONS
Last Modified: September 13th, 2026
THESE TERMS AND CONDITIONS GOVERN THE USE OF OUR WEBSITE(S) (www.AllOutFitness.co and any other overtly AOF affiliated websites), our APP(S), AND OTHER DIGITAL PROPERTIES, COLLECTIVELY REFERRED TO AS THE 'WEBSITE'.
"WEBSITE" = AllOutFitness.co website AND The AOF Mobile App.
IT ALSO COVERS TERMS OF SALE, SERVICE RULES, POLICIES, REGULATIONS AND STANDARDS RELATED TO OUR SERVICES AND PRODUCTS, BOTH DIGITAL AND OTHERWISE.
THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE, WHICH MAY AFFECT YOUR RIGHTS.
PLEASE READ THEM CAREFULLY BEFORE SIGNING.
TERMS OF WEBSITE & MOBILE APP USE
Acceptance of the Terms & Conditions
These Terms & Conditions are entered into by and between you and All Out United LLC, a Texas limited liability company doing business as All Out Fitness (“All Out Fitness”, “AOF”, the “Company,” “our,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms & Conditions”), govern your access to and use of www.AllOutFitness.Co and/or our mobile app(s), including, without limitation, any content, functionality, services, or products offered on or through www.AllOutFitness.Co and/or our mobile app(s) (collectively referred to as, the "Website"), whether as a guest or a registered user.
Please read the Terms & Conditions carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms & Conditions and our Privacy Policy, found at www.AllOutFitness.Co/privacy-policy, and our Copyright Policy, found at www.AllOutFitness.Co/copyright-policy, incorporated herein by reference. If you do not want to agree to these Terms & Conditions or the Privacy Policy or the Copyright Policy, you must not access or use the Website or App.
This Website is offered and available exclusively to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website or App. The Company has no obligation to verify your age.
Changes to the Terms & Conditions
We may revise and update these Terms & Conditions from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website, our materials, services, or products following the posting of revised Terms & Conditions means that you accept and agree to all such changes. You agree to check this page each time you access this Website, or use any of the materials, services, or products offered on or through this Website, so you are aware of any changes, as they are binding on you.
Release and Waiver of Liability and Assumption of Risk
You acknowledge and agree that you desire to participate in individual or group physical fitness classes or instruction (the “Activity”, “Activities”, “Services”) provided by the Company. As lawful consideration for being permitted by the Company to participate in the Activity, and for other good and valuable consideration, the receipt and sufficiency is hereby acknowledged and agreed, you hereby agree to all the terms and conditions set forth in this “Release and Waiver of Liability and Assumption of Risk” section.
YOU ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE PHYSICAL EXERCISE THAT MAY BE STRENUOUS, BE DANGEROUS, AND INVOLVE THE RISK OF SERIOUS INJURY, DEATH, AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU OR YOUR PROPERTY SUSTAINS MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE BY MEMBERS OF THE PUBLIC, THE COMPANY, ITS EMPLOYEES, CONTRACTORS, CONSULTANTS, CORPORATE OFFICERS, AGENTS, VENDORS, PARTNERS, GUEST AND VISITORS, OTHER PARTICIPANTS OR MEMBERS, LOCAL OR MUNICIPAL GOVERNMENTAL AGENCIES, OR THEIR RESPECTIVE AFFILIATES, INCLUDING (BUT NOT LIMITED TO) THEIR EMPLOYEES, CONTRACTORS, CONSULTANTS, CORPORATE OFFICERS, INVESTORS, AGENTS, VENDORS, TENANTS, LANDLORDS, PARTNERS, GUEST AND VISITORS. YOU UNDERSTAND THAT THERE IS AN INHERENT RISK OF BODILY INJURY WHEN PARTICIPATING IN ANY PHYSICAL EXERCISE, SPORT, WELLNESS, AND/OR RECREATIONAL ACTIVITIES SUCH AS THE ACTIVITIES. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY IRREVOCABLY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE COMPANY, ITS EMPLOYEES, CONTRACTORS, CONSULTANTS, CORPORATE OFFICERS, DIRECTORS, INVESTORS, AGENTS, VENDORS, PARTNERS, GUEST AND VISITORS, OTHER PARTICIPANTS OR MEMBERS, MEMBERS OF THE PUBLIC, THE OWNERS OF THE PROPERTY ON OR IN WHICH THE ACTIVITIES TAKE PLACE (REGARDLESS OF WEHTHER OR NOT A FORMAL RELATIONSHIP EXISTS BETWEEN THE PROPERTY OWNER OR THEIR AGENTS AND THE COMPANY, AND REGARDLESS OF WHETHER OR NOT THE PROPERTY OWNER OR ANY OF THEIR AGENTS HAVE ACKNOWLEDGED OR ARE AWARE OF THE USE OF THE PROPERTY BY THE COMPANY), LOCAL OR MUNICIPAL GOVERNMENTS AND THEIR AGENCIES, AS WELL AS THEIR RESPECTIVE AFFILIATES, INCLUDING THEIR EMPLOYEES, CONTRACTORS, CONSULTANTS, CORPORATE OFFICERS, PUBLIC OFFICERS, INVESTORS, OWNERS, AGENTS, VENDORS, TENANTS, LANDLORDS, PARTNERS, GUEST AND VISITORS.
IN ADDITION, YOU ARE AWARE THAT THE ACTIVITIES ARE SOMETIMES CONDUCTED IN PUBLIC PLACES, OUTDOORS, IN OTHERWISE UNCONTROLLED ENVIRONMENTS, OR ANY COMBINATION THEREOF.
YOU UNDERSTAND THAT THERE IS AN INHERENT RISK OF BODILY INJURY WHEN PARTICIPATING IN THE ACTIVITIES IN SUCH ENVIRONMENTS. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY IRREVOCABLY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE COMPANY, ITS EMPLOYEES, CONTRACTORS, CONSULTANTS, CORPORATE OFFICERS, DIRECTORS, INVESTORS, AGENTS, VENDORS, PARTNERS, GUEST AND VISITORS, OTHER PARTICIPANTS OR MEMBERS, MEMBERS OF THE PUBLIC, THE OWNERS OF THE PROPERTY ON OR IN WHICH THE ACTIVITIES TAKE PLACE (REGARDLESS OF WHETHER OR NOT A FORMAL RELATIONSHIP EXISTS BETWEEN THE PROPERTY OWNER AND THE COMPANY, AND REGARDLESS OF WHETHER OR NOT THE PROPERTY OWNER OR ANY OF THEIR AGENTS HAVE ACKNOWLEDGED OR ARE AWARE OF THE USE OF THE PROPERTY BY THE COMPANY), LOCAL OR MUNICIPAL GOVERNMENTS AND THEIR AGENCIES, AS WELL AS THEIR RESPECTIVE AFFILIATES, INCLUDING THEIR EMPLOYEES, CONTRACTORS, CONSULTANTS, CORPORATE OFFICERS, PUBLIC OFFICERS, INVESTORS, OWNERS, AGENTS, VENDORS, TENANTS, LANDLORDS, PARTNERS, GUEST AND VISITORS, OR MEMBERS OF THE PUBLIC.
You, on behalf of yourself, your heirs, insurers, personal representatives, successors, and assigns, hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the company, its employees, contractors, consultants, corporate officers, directors, investors, agents, vendors, partners, guest and visitors, other participants or members, members of the public, the owners of the property on or in which the Activities take place (regardless of whether or not a formal relationship exists between the property owner and the Company, and regardless of whether or not the property owner or any of their agents have acknowledged or are aware of the use of the property by the Company), local or municipal governments and their agencies, as well as their respective affiliates, including their employees, contractors, consultants, corporate officers, public officers, investors, owners, agents, vendors, tenants, landlords, partners, guest and visitors, and assigns (collectively, “Releasees”), arising out of or attributable to the Activities, whether arising out of the ordinary negligence or gross negligence of the Company or any Releasees or otherwise, to the fullest extent permitted by law. You covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
Notwithstanding the foregoing, to the extent Texas law does not permit a pre-injury release of claims for gross negligence, willful misconduct, or intentional acts, nothing in this Agreement shall be construed to release the Company or any Releasee from such claims, and this limitation shall not affect the validity or enforceability of the remainder of this release as to claims of ordinary negligence.
You shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by an indemnified party arising out or resulting from any claim of a third party related to the Activities.
You acknowledge and agree that you have consulted with a qualified physician prior to engaging in the Activities and represent and warrant that you are in good health and sufficient physical condition to participate in the Activities. You further represent and warrant that none of the Company or other Releasees have in any way guaranteed any results, outcomes, or assurances of any kind relating to the Activities, such as increased physical condition, loss of weight or body fat, or otherwise.
You will not copy, record, photograph, broadcast, or transmit in any manner any portion of the Activities or any intangible or tangible materials used in connection with the Company’s provision of the Activities. Your participation in the Activities is for your own personal use and benefit and not for the use or benefit of any other person or any commercial purpose whatsoever.
You hereby irrevocably and unconditionally grant the Company, without limitation, the right to use your name and likeness in connection with any Activities, including the promotion thereof, marketing materials, or otherwise for any publicity without any further compensation or permission.
This “Release and Waiver of Liability and Assumption of Risk” section constitutes the sole and entire agreement between you and the Company, and all other Releasees, with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this “Release and Waiver of Liability and Assumption of Risk” section or invalidate or render unenforceable such term or provision in any other jurisdiction. This “Release and Waiver of Liability and Assumption of Risk” section is binding on and shall inure to the benefit of you, the Company, all other Releasees, and their respective successors and assigns.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS “RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK” SECTION AND THAT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY OR ANY OTHER RELEASEE.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service, product, or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
To access the Website or any of the services, products, or resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (www.AllOutFitness.Co/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, terminate your account, or restrict or bar your access to the Website, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms & Conditions, Privacy Policy, or any other document referenced herein or therein.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, programs, content, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms & Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You a prohibited from:
You must not access or use for any commercial purposes any part of the Website or any services, products, or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: Info@AllOutFitness.Co.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms & Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms “All Out United” and “All Out Fitness” and “Free The Fit!”, the Company logo(s), and all related names, logos, product and service names and marks, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Website:
Additionally, you agree not to:
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms & Conditions.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of operating, providing, and promoting the Service.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot, and do not undertake to, review any material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy (www.AllOutFitness.Co/copyright-policy) for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy (www.AllOutFitness.Co/privacy-policy). By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Provisions
All purchases through our site or other transactions for the sale of services, products, materials, or information formed through the Website, or resulting from visits made by you, are governed by the Terms of Sale and Service Rules, Policies, Standards and Regulations sections of these Terms & Conditions, which can be found below.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms & Conditions.
TERMS OF SALE
Refund Policy: All purchases through our site or other transactions for the sale of services, products, materials, or information formed through the Website, or resulting from visits made by you, are final. All Out Fitness does not issue cash refunds under any circumstances, beyond your statutory rights. Where a cancellation or drop entitles you to a refund under our Cancellation policy, that refund will be issued solely as a Credit to your AOF wallet, as described in the Credits and Wallet Policy below — never as cash.
We strongly encourage you to be modest in your initial membership purchases, and to make sure you like us, can reach the venue on time and in a convenient manner, and enjoy our services before making larger purchases.
No refund or Credit will be issued for any class from which you are excluded or removed due to a violation of these Terms & Conditions, including but not limited to the Dress Code, Anti-Harassment, and Non-Recording policies.
Cancellations: You may drop an enrolled class at any time through the AOF app. If you drop 12 hours or more before the class start time, you will receive a Credit to your AOF wallet equal to the class price. If you drop less than 12 hours before the class start time, no Credit will be issued and the class will not be refunded. This includes switching time slots — switching within the 12-hour window is treated as a drop and does not qualify for a Credit. AOF's default cancelation window is 12 hours but AOF reserves the right to modify this window for certain classes and events.
Cancellations must be made through the app; cancellations conveyed via email, phone calls, or voicemail are not accepted, and trainers and staff cannot accept verbal cancellations.
We greatly appreciate your understanding — late cancellations hurt small businesses like ours and limit another user's opportunity to improve their health.
Reservations & Late Policy: We enforce a strict late arrival policy. YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN AWAY to another user without refund. AOF has no obligation to offer you a spot in the class (should one even be available) should you arrive late and your spot be given away to another user.
All reservations must be made through the ALL OUT FITNESS app. Trainers and staff are not able to accept verbal reservations. Attempts to reserve reservations via email, phone calls, or voicemail will not be honored.
Credits and Wallet Policy: From time to time, All Out Fitness may issue credits to your AOF wallet ("Credits"). Credits are issued in the following circumstances and are subject to the following expiration terms:
Refund Credits. If a class you paid for is canceled by the trainer or All Out Fitness, or if you cancel or drop a class in a manner that entitles you to a refund under our Cancellation policy above, we will issue a Refund Credit to your AOF wallet in lieu of a cash refund. Refund Credits expire five (5) years from the date of issuance.
Promotional and Goodwill Credits. All Out Fitness may, in its sole discretion, issue promotional or goodwill credits to your AOF wallet as a marketing incentive or as a courtesy. Promotional and Goodwill Credits expire six (6) months from the date of issuance.
General Terms Applicable to All Credits. Credits have no cash value under any circumstances and are not redeemable for cash. Credits are redeemable solely for All Out Fitness services and are non-transferable. Credits are applied automatically to your account balance at checkout, prior to any charge to your payment method on file. Upon expiration, Credits are forfeited in full and All Out Fitness retains any associated value; no cash or other compensation will be provided for expired Credits.
Business Closure. In the event All Out Fitness ceases operations, all outstanding Credits — regardless of type — are forfeited in full. Credits have no cash value, and All Out Fitness has no obligation to redeem, refund, or otherwise compensate you for any unused Credits upon cessation of operations.
Credit Forfeiture: Credits are forfeited upon termination of your account for violation of this user agreement, as determined by AOF's sole discretion. Credits are also forfeited if you voluntarily delete or close your account.
SERVICE RULES, POLICIES, STANDARDS AND REGULATIONS
Non-Recording Policy: Recording, filming, photographing, or livestreaming any class, session, or Activity — including instructor content, choreography, or other participants — without All Out Fitness's prior written consent is strictly prohibited. Violation of this policy may result in immediate removal from the class or session, with no refund or Credit issued for that class, and may result in a penalty fee of $500 per occurrence. By accepting these Terms, you authorize All Out Fitness to charge the payment method on file for any penalty fee owed under this policy. Following any such charge, All Out Fitness will send notice to the email address on your account identifying the amount and reason for the charge.
Dress Code Policy: We want you to come to class fully prepared for strenuous activity: enclosed running shoes, athletic shorts/pants, athletic top, towel, mat and water bottle. Adequate hydration and regulation of your body temperature are critical during exercise, especially when exercising outdoors where environmental factors such as humidity can affect your body. As such please be sure to bring adequate water. It is suggested to bring more than you think you need and to cool your water with ice during warm weather. A sports bra is considered an appropriate athletic top. All Out Fitness reserves the right to refuse training to any client who is not properly attired or is wearing clothing that may be considered unreasonably revealing or offensive to other members such as a t-shirt with vulgar, violent, sexually suggestive, politically specific, or racially offensive language or graphics. Determination as to what is considered a violation of this policy rests solely with us.
Anti-Harassment Policy: The harassment or bullying of company trainers, employees, officers, clients, vendors or any of their guests based on actual or perceived beliefs (including political beliefs), sexual orientation, racial background, nationality, religious affiliation, etc. will not be tolerated and can result in removal from class without refund, termination of service for an indeterminate amount of time without refund, or termination of service permanently without refund. Behavior does not have to be ongoing to qualify as harassment or bullying. Determination as to what is considered a violation of this policy rests solely with us.
Personal Belongings: You agree that the Company, its employees, contractors, consultants, corporate officers, investors, agents, vendors, partners, guest and visitors, other participants or members, local or municipal governmental agencies, as well as their respective affiliates, including (but not limited to) their employees, contractors, consultants, corporate officers, agents, vendors, tenants, landlords, partners, guest and visitors are in no way responsible for the safekeeping of your personal belongings at any time. You assume all risk of loss for any of your personal belongings, including vehicles parked in and/or on either public or private property.
GENERAL PROVISIONS
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express prior written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms & Conditions.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, CONSULTANTS, CORPORATE OFFICERS, DIRECTORS, INVESTORS, AGENTS, VENDORS, PARTNERS, GUEST AND VISITORS, OTHER PARTICIPANTS OR MEMBERS, LOCAL OR MUNICIPAL GOVERNMENTS OR THEIR AGENCIES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND AFFILIATES, INCLUDING THEIR EMPLOYEES, CONTRACTORS, CONSULTANTS, CORPORATE OFFICERS, AGENTS, VENDORS, TENANTS, LANDLORDS, PARTNERS, OR GUEST AND VISITORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its employees, licensors, service providers, contractors, consultants, corporate officers, directors, investors, agents, vendors, partners, guest and visitors, other participants or members, local or municipal governments or their agencies, as well as their respective successors and affiliates, including their employees, contractors, consultants, corporate officers, agents, vendors, tenants, landlords, partners, guest and visitors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms & Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and County of Dallas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
You and the Company agree that any dispute arising from these Terms & Conditions or use of the Website, including, without limitation, disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be resolved through final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law. Arbitration shall be conducted in Dallas County, Texas. This mutual agreement to arbitrate applies equally to the Company and to you, and neither party may unilaterally elect to litigate a dispute in court in lieu of arbitration. Any disputes arising from participation in our services — regardless of whether or not those services were secured through our website or app — similarly follow these same arbitration rules.
You and the Company agree that any arbitration will be conducted on an individual basis only, and not as a class, collective, or representative action.
More information, including specifics regarding rules and procedures of the arbitration process, can be found here: https://www.adr.org/
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES, PER TEXAS STATUTE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.
Entire Agreement
The Terms & Conditions, our Privacy Policy, and our Copyright Policy (our Privacy Policy can be found at www.AllOutFitness.Co/privacy-policy and our Copyright Policy at www.AllOutFitness.Co/copyright-policy) constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by All Out United LLC, doing business as All Out Fitness. They can be contacted by post via their registered agent:
Registered Agent Solutions, Inc
ATTN: All Out United, LLC
5301 Southwest Parkway
STE 400
Austin, TX 78735
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (www.AllOutFitness.Co/copyright-policy) in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: Info@AllOutFitness.Co.