TERMS OF SERVICE

 

SmoothGainz LLC Membership & Training Terms and Conditions

Updated January 5, 2026

This agreement is entered into between SmoothGainz LLC and the undersigned member or client ("Client"). By signing this agreement, the Client acknowledges that they have read, understand, and agree to the following terms and conditions.

Section A: Gym Membership Terms

Membership Changes, Cancellations, and Freezes

All memberships require 30 days' written notice through submission of the official SmoothGainz cancellation form for any membership changes, including:

  • Payment date adjustments

  • Membership cancellations

  • Membership freezes

Other forms of communication, including verbal requests, email, text messages, social media messages, or app messages, are not considered valid cancellation requests.

Membership Freezes

Membership freezes are limited to four (4) times per calendar year.

No single freeze may exceed three (3) consecutive months.

By agreeing to these terms, the Client acknowledges that a membership freeze is a temporary pause and does not cancel or terminate the membership agreement.

Billing will automatically resume on the agreed-upon restart date without further notice, and access to the facility will be reactivated once payment resumes.

Paid-in-Full Memberships

Paid-in-full memberships are non-refundable.

Membership Billing Obligations

Membership payments and obligations will continue to accrue until:

  1. A valid SmoothGainz cancellation form has been submitted;

  2. The cancellation has been processed; and

  3. Any outstanding or past-due balance has been paid in full.

Access to the facility is contingent upon the Client's account remaining current and in good standing.

If a payment fails, facility access may automatically be restricted until the outstanding balance is resolved.

Membership dues will continue to accrue during any period in which access is restricted due to nonpayment.

Loss of facility access due to nonpayment does not constitute cancellation or termination of the membership agreement.

Section B: Personal Training Terms

Training Cancellation Policy

All personal training programs require 30 days' written notice of cancellation submitted exclusively through the official SmoothGainz cancellation form.

Verbal notice, text messages, social media messages, email, or any other form of communication will not be accepted as valid cancellation notice.

Twelve-Month Training Agreements

A twelve (12) month personal training agreement represents a binding financial commitment for the full agreement term.

Early cancellation requires payment of the remaining balance in full.

The only exception to this policy is submission of a signed physician's note stating that the Client is medically unable to continue training.

SmoothGainz LLC reserves the right to verify any documentation submitted.

Hybrid and Online Training Transitions

During a twelve (12) month agreement term, Clients may request to transition between Hybrid Training and Online Training.

Approval of any training-format change is at the sole discretion of SmoothGainz LLC.

A change in training format does not alter or eliminate the Client's original twelve (12) month financial obligation.

All transitions must remain within the original agreement term and pricing structure unless otherwise agreed to in writing by SmoothGainz LLC.

Temporary Financial Hardship

In cases of temporary financial hardship, SmoothGainz LLC may, at its sole discretion, approve a temporary payment installment arrangement.

Any approved installment arrangement does not reduce, waive, or modify the total amount owed under the agreement.

Failure to comply with an approved installment schedule may constitute default and may result in the remaining balance becoming immediately due.

Automatic Month-to-Month Renewal

Upon completion of the initial twelve (12) month term, the training agreement will automatically renew on a month-to-month basis at the same rate and under the same applicable terms and conditions.

To prevent renewal, the Client must submit proper cancellation notice in accordance with the cancellation policy outlined in this agreement.

Personal Training Session Cancellation Policy

All scheduled personal training sessions require a minimum of 24 hours' notice for cancellation or rescheduling.

Sessions canceled or rescheduled with less than 24 hours' notice will be forfeited and counted as used.

Monthly Session Usage

Training subscriptions include a set number of sessions per billing month based on the selected plan.

Sessions must be used within the applicable billing month.

Unused sessions do not roll over into future billing months and will be forfeited.

Trainer Availability

SmoothGainz LLC does not guarantee trainer availability outside of the Client's originally scheduled training times.

Make-up sessions are not guaranteed and are subject to trainer availability.

Section C: Online Coaching & App Access Terms

Online training and coaching may be provided through a third-party application and may include:

  • Digital workouts

  • Training programs

  • Progress tracking

  • Client check-ins

  • Nutrition-related resources

  • Educational materials

  • Other resources based on the selected coaching plan

Refund Policy

Online training and coaching are non-refundable once access has been granted, regardless of Client usage.

It is the Client's responsibility to complete assigned workouts, participate in coaching, and submit requested check-ins.

Missed check-ins, inactivity, or failure to use the coaching platform do not qualify the Client for a refund, credit, or extension.

Digital Content

All digital content provided by SmoothGainz LLC is the intellectual property of SmoothGainz LLC unless otherwise stated.

Content may not be copied, reproduced, distributed, shared, sold, or reused without prior written permission from SmoothGainz LLC.

Third-Party Technology

SmoothGainz LLC is not responsible for outages, application crashes, service interruptions, or other technical disruptions involving third-party applications or platforms.

Reasonable efforts will be made to assist with resolving technical issues when possible.

Section D: Billing Authorization, Notices & Collections

Billing Authorization

The Client authorizes SmoothGainz LLC to initiate recurring electronic payments, including EFT, credit card, or debit card payments, for applicable memberships and training services until a valid cancellation form has been received and processed.

If a scheduled billing date falls on a weekend or holiday, payment may be processed on the next business day.

Electronic Notices

Invoices, billing notices, cancellation forms, account communications, and other notices may be delivered electronically, including by:

  • Email

  • Text message

  • App notification

  • Other electronic communication methods used by SmoothGainz LLC

Electronic notices are considered received when sent.

Delinquent Payments

If a payment fails, access to the facility and/or training services may automatically be restricted until the outstanding balance is resolved.

Dues and applicable fees will continue to accrue under this agreement until:

  1. The outstanding balance has been paid in full; and

  2. A valid cancellation form has been submitted and processed, if applicable.

Cancellation Requirements

Cancellations are only valid when completed through the official SmoothGainz LLC cancellation form.

A minimum of 30 days' notice is required.

Verbal requests, emails, text messages, social media messages, or other informal communications are not valid forms of cancellation.

Collections & Recovery Costs

In the event of nonpayment, the Client agrees to pay reasonable costs incurred by SmoothGainz LLC in connection with recovering the unpaid balance.

These costs may include, without limitation:

  • Court filing fees

  • Service of process fees

  • Certified mailing or postage fees

  • Administrative fees related to collections

  • Collection agency fees

  • Attorney's fees

  • Other reasonable recovery costs

Administrative collection fees may be assessed at $25 per delinquent month until the account is resolved.

Collection agency and/or attorney's fees may be assessed up to 50% of the outstanding balance, including applicable interest and fees.

The Client acknowledges that these fees are intended to reasonably compensate SmoothGainz LLC for costs associated with recovering delinquent accounts.

Credit Reporting & Collections

SmoothGainz LLC reserves the right to assign delinquent accounts to a licensed collection agency and/or report eligible delinquent accounts to applicable credit reporting agencies where permitted by law.

Section E: Legal Terms & Disclaimers

Governing Law

This agreement will be governed by the laws of the State of Montana.

Any dispute arising from or relating to this agreement will be resolved in Yellowstone County, Montana, unless otherwise required by applicable law.

Results Disclaimer

SmoothGainz LLC does not guarantee any specific fitness, health, strength, weight-loss, muscle-gain, performance, or body-composition result.

Individual results vary based on numerous factors, including participation, adherence, nutrition, lifestyle, health status, genetics, and consistency.

Force Majeure

SmoothGainz LLC will not be held liable for circumstances beyond its reasonable control, including but not limited to:

  • Illness

  • Natural disasters

  • Severe weather

  • Government-mandated closures

  • Equipment failure

  • Utility interruptions

  • Application or software failure

  • Internet outages

  • Other events beyond the reasonable control of SmoothGainz LLC

Severability

If any provision of this agreement is determined to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Updates to These Terms

SmoothGainz LLC may periodically update these Terms and Conditions.

Notice of material changes may be provided electronically, including by email.

Continued use of SmoothGainz facilities, training services, online coaching, or related services after updated terms become effective may constitute acceptance of the revised terms, subject to applicable law.

Client Acknowledgment

I, [first_name] [last_name], acknowledge that I have had sufficient opportunity to read this agreement in its entirety.

I understand its terms and agree to be bound by them.

I acknowledge that no verbal statements or representations outside of this written agreement modify or supersede these terms unless agreed to in writing by SmoothGainz LLC.

[signature]

[date]