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:

  1. Good faith negotiation

  2. Mediation, if negotiation fails

  3. 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.