TERMS OF SERVICE
Last Updated: January 2026
1. Acceptance of Terms
By accessing and using the Everyday Athlete Health Club website (everydayathletehc.com) and services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our website or services.
2. Services Overview
Everyday Athlete Health Club ("Everyday Athlete," "we," "us," or "our") provides personalized training, coaching, health assessments, and related wellness services at our private facility located at 10420 Mastin St., Overland Park, KS 66212.
3. Membership and Registration
3.1 Eligibility
Members must be 18 years of age or older
Members must complete a health history questionnaire and movement assessment
We reserve the right to refuse membership to any individual at our sole discretion
3.2 Membership Limitations
Membership is limited and exclusive
Acceptance into the program is at the sole discretion of Everyday Athlete
Membership is non-transferable
3.3 Accurate Information
You agree to provide accurate, current, and complete information during registration
You agree to update your information as needed to maintain accuracy
4. Fees and Payment
4.1 Membership Fees
Membership fees are based on the tier selected (Foundation, Performance, or VIP)
Specific pricing is provided during consultation and outlined in your membership agreement
Fees are non-refundable unless otherwise stated in your membership agreement
4.2 Payment Terms
Payment terms are specified in your individual membership agreement
Failure to pay fees may result in suspension or termination of membership
We reserve the right to change fees with 30 days' notice to active members
5. Cancellation and Termination
5.1 Member Cancellation
Cancellation terms are specified in your individual membership agreement
Written notice is required for all cancellations
Cancellation does not entitle members to refunds for services already rendered
5.2 Our Right to Terminate
We reserve the right to terminate or suspend membership immediately, without prior notice, for:
Violation of these Terms and Conditions
Disruptive, threatening, or inappropriate behavior
Non-payment of fees
Providing false or misleading information
Any conduct we deem harmful to other members, staff, or our facility
6. Health and Safety
6.1 Medical Clearance
You are responsible for consulting with your physician before beginning any exercise program
You must disclose any health conditions, injuries, or limitations that may affect your ability to participate safely
You agree to inform us immediately of any changes to your health status
6.2 Assumption of Risk
By participating in our programs, you acknowledge that:
Physical exercise involves inherent risks, including risk of injury
You are voluntarily participating with full knowledge of these risks
You assume all risks associated with participation
6.3 Medical Emergencies
In the event of a medical emergency, we may contact emergency services on your behalf
You authorize us to obtain emergency medical treatment if necessary
You are responsible for all costs associated with emergency medical treatment
7. Liability Waiver and Release
7.1 Release of Liability
To the fullest extent permitted by law, you release and discharge Everyday Athlete Health Club, its owners, officers, employees, contractors, and agents from any and all claims, demands, or causes of action arising from:
Personal injury or property damage occurring at our facility
Injury resulting from participation in training, coaching, or related services
Use of equipment or facilities
Any acts or omissions by our staff
7.2 Indemnification
You agree to indemnify and hold harmless Everyday Athlete from any claims, damages, or expenses (including attorney fees) arising from your breach of these terms or your use of our services.
8. Code of Conduct
Members are expected to:
Treat staff and other members with respect and courtesy
Follow all facility rules and staff instructions
Use equipment properly and safely
Maintain appropriate hygiene and attire
Respect the private and exclusive nature of the facility
Prohibited conduct includes:
Harassment, discrimination, or intimidation of any kind
Theft or vandalism
Use of illegal substances
Recording or photographing without consent
Solicitation or commercial activity without permission
9. Privacy and Confidentiality
9.1 Personal Information
We collect and use personal information as described in our Privacy Policy
Health information is treated as confidential and protected under applicable law
You consent to our use of your information for program delivery and communication
9.2 Photography and Testimonials
We may photograph or record activities at our facility for marketing purposes
You may opt out of being photographed by notifying staff
Any testimonials or reviews you provide may be used in our marketing materials
10. Intellectual Property
All content on our website and in our programs, including text, graphics, logos, training protocols, and assessment methods, is the property of Everyday Athlete Health Club and protected by copyright and trademark laws.
You may not:
Reproduce, distribute, or create derivative works from our content
Use our training protocols or methods for commercial purposes
Remove copyright or proprietary notices
11. Chiropractic and Medical Services
11.1 Scope of Services
Chiropractic services are provided by licensed practitioners
These services are integrated into your training program but are distinct professional services
Separate consent and documentation may be required for chiropractic treatment
11.2 No Medical Advice
Our coaching and training services do not constitute medical advice
We do not diagnose, treat, or cure medical conditions
Always consult qualified healthcare professionals for medical concerns
12. Third-Party Services and Referrals
We may refer you to third-party providers (nutrition specialists, medical professionals, etc.)
We are not responsible for services provided by third parties
Your relationship with third-party providers is independent of your membership with us
13. Limitation of Liability
To the maximum extent permitted by law:
Our total liability for any claim shall not exceed the amount you paid for membership in the 12 months preceding the claim
We are not liable for indirect, incidental, consequential, or punitive damages
Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you
14. Modifications to Terms
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective upon posting to our website. Your continued use of our services after changes are posted constitutes acceptance of the modified terms.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms are governed by the laws of the State of Kansas, without regard to conflict of law principles.
15.2 Dispute Resolution
Any disputes arising from these Terms or your membership shall be resolved through:
Good faith negotiation
Mediation, if negotiation fails
Binding arbitration in Johnson County, Kansas, if mediation fails
15.3 Class Action Waiver
You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms, together with your membership agreement and our Privacy Policy, constitute the entire agreement between you and Everyday Athlete Health Club regarding our services.
18. Contact Information
For questions about these Terms and Conditions, please contact us:
Everyday Athlete Health Club
10420 Mastin St.
Overland Park, KS 66212
Email: EverydayAthleteHC@gmail.com
By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.