Last modified: March 2026

TERMS & CONDITIONS

Welcome to Fitness Factory Okeechobee, LLC (“Company,” “we,” “our,” or “us”).

This website, https://www.fitnessfactoryokeechobee.com (the “Site”), and all services, products, training programs, communications, and interactions provided by Fitness Factory Okeechobee are governed by the following Terms and Privacy Policy (collectively, the “Agreement”). This includes whether online, in person, or through any third-party platform.

The Site and all related content are provided for informational, educational, and promotional purposes only. Information presented about Fitness Factory Okeechobee’s business, community, and services, including any content provided by the Company, its affiliates, or third parties, does not guarantee or represent specific results and should not be relied upon as professional, medical, financial, or other licensed advice.

To the fullest extent permitted by law, Fitness Factory Okeechobee, including its owners, directors, agents, employees, affiliates, partners, heirs, and estate assumes no responsibility or liability for any director indirect consequences resulting from any action or inaction you take based on the information provided on this Site or through any associated services, including materials linked to or from this Site.

By accessing, using, purchasing from, or interacting with the Site or any related services, you acknowledge and agree that:

  • You have read, understood, and agree to be legally bound by this Agreement; and
  • Your use of any information, recommendations, or services provided by Fitness Factory Okeechobee is done voluntarily and entirely at your own risk.

If you do not agree to these Terms, you must immediately discontinue use of the Site and all associated services.

TERMS AND CONDITIONS

Please read the following carefully. Your access to and use of this Site are subject to legally binding Terms and Conditions.  By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by theseTerms and Conditions.

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Fitness Factory Okeechobee, LLC, a Florida Limited Liability Company (“Fitness Factory Okeechobee”, “we,” “our,” or “us”).

Fitness Factory Okeechobee reserves the right, in its sole discretion, to modify, amend, supplement, or replace these Terms at any time. Any such updates will be effective immediately upon posting to the Site. Your continued use of the Site following any changes constitutes your acceptance of those revised Terms and Conditions.

1. INTELLECTUAL PROPERTY RIGHTS

All content, materials, and intellectual property on the Site, including but not limited to text, graphics, logos, images, audio, video, programs, systems, documents, and design elements are the exclusive property of Fitness Factory Okeechobee or are used with appropriate authorization and are protected under United States copyright, trademark, and other applicable laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Fitness Factory Okeechobee.‍

1.1.      Prohibited use of content (Including AI & MachineLearning). You are expressly prohibited from using, copying,reproducing, distributing, modifying, republishing, uploading, transmitting, orotherwise exploiting any content from this Site for any purpose without priorwritten consent from Fitness Factory Okeechobee.

Without limiting the foregoing, you may not use any content from this Site, in whole or in part, to:

  • Develop, train, fine-tune, or improve any artificial Intelligence system, machine learning model, large language model, or similar technology.
  • Create derivative datasets, training corpora, or automated systems.
  • Scrape, extract, or harvest data through automated or manual means.
  • Replicate or reverse engineer any proprietary programs, systems, or frameworks.

Any unauthorized use constitutes a material breach of these Terms and may result in immediate termination of access, legal action,and claims for damages, including injunctive relief.

No license or ownership rights are granted to you,whether expressly or implicitly, except as specifically stated in these Terms.

2. THIRD-PARTY WEBSITES AND SERVICES

This Site may contain links to third-party websites, platforms, applications, or services that are not owned or controlled by Fitness Factory Okeechobee. All such third-party sites, materials, and services are provided solely for your convenience. Fitness Factory Okeechobee does not control, endorse, monitor, or assume responsibility for the content, policies, practices, or availability of any third-party websites or services.

You acknowledge and agree that:

  • Your access to and use of any third-party websites or services is done entirely at your own risk.
  • Fitness Factory Okeechobee is not responsible or liable for any content, errors, omissions, or inaccuracies on third-party platforms.
  • Fitness Factory Okeechobee shall not be liable for any loss, damage, or harm, whether direct or indirect, arising from your use of or reliance on any third-party website, product, or service.

This includes, but is not limited to:

  • Transactions processed through third-party payment providers.
  • Data collection, storage, or handling by third-party platforms.
  • Service interruptions, errors, or security breaches originating from third-party systems.

These links and integrations are provided to:

  • Enhance your user experience
  • Enable access to services and scheduling tools
  • Facilitate purchases and transactions
  • Allow connection with Fitness Factory Okeechobee across platforms

You are encouraged to review the Terms, Conditions, and Privacy Policies of any third-party websites or services you choose to use.

3. LIMITED USE LICENSE

Where Fitness Factory Okeechobee makes materials available for download on the Site, you are granted a limited revocable, non-transferable license to download and access such materials for your personal, non-commercial use only. This license constitutes a grant of limited use rights and does not transfer any ownership, title, or intellectual property rights to you.

Under this license, you may not:

 3.1.     Modification and Copying. Modify, reproduce, duplicate, republish, distribute, or create derivative works from any materials, in whole or in part.

 3.2.     Commercial or Public Use. Use the materials for any commercial purpose or for any public display, performance, or distribution, whether commercial or non-commercial.

 3.3.     Transfer or Redistribution. Transfer, sell, sublicense, share, or otherwise make the materials available to any third party, including but not limited to uploading, hosting, or mirroring the materials on any website, server, cloud storage system, or shared environment.

 3.4.     Unauthorized Access or Use. Use the materials in any manner that violates applicable laws, infringes upon intellectual property rights, or circumvents a security or access restrictions implemented by Fitness Factory Okeechobee.

Access to digital content, programs, or materials is granted solely to the individual purchaser and may not be shared, transferred, resold, or distributed without prior written consent from Fitness Factory Okeechobee.

This license shall automatically terminate, without notice, if you violate any of these Terms. Fitness Factory Okeechobee reserves the right to terminate this license at any time, with or without cause. Upon termination of this license for any reason, you agree to immediately cease all use of the materials and to permanently delete or destroy all copies in your possession or control, whether in electronic, printed, or any other format. Access to any digital materials or content may be revoked immediately upon violation of these Terms, without refund.

3.5.     User Conduct. You agree to use the Site and all services provided by Fitness Factory Okeechobee in a lawful, respectful,and appropriate manner.

You agree not to:

  • Use the Site or services for any unlawful, fraudulent, or harmful purpose
  • Interfere with or disrupt the operation of the Site or services
  • Harass, abuse, or harm other members, staff, or third parties
  • Misuse equipment, facilities, or training guidance
  • Attempt to gain unauthorized access to systems, data, or accounts

Fitness Factory Okeechobee reserves the right, in its sole discretion, to suspend or terminate your access to the Site or services for any violation of this section.

3.6.     Account Responsibility. You are responsible for maintaining the confidentiality of any account credentials associated with your use of the Site or services and for all activities that occur under your account. You agree to notify Fitness Factory Okeechobee immediately of any unauthorized access to or use of your account. Fitness Factory Okeechobee shall not be liable for any loss or damage arising from your failure to safeguard your account information.

 3.7.     Right to Refuse Services. Fitness Factory Okeechobee reserves the right, in its sole discretion and to the fullest extent permitted by law, to refuse service, terminate memberships, or restrict access to any individual at any time, including but not limited to violations of these Terms, disruptive behavior, safety concerns, or non-payment.

4. PAYMENTS, REFUNDS, AND SERVICE TERMS

‍All purchases of services, memberships, programs, digital products, and physical products (including but not limited to supplements, merchandise, and retail items) offered by Fitness Factory Okeechobee are final and are non-refundable and non-transferable unless otherwise expressly stated in writing. We reserve the right, in our sole and absolute discretion, to make exceptions to this policy on a case-by-case basis. Any such exception shall not constitute a waiver of this policy or establish a precedent for future decisions.

For members enrolled in ongoing services, memberships, or recurring billing programs, additional Terms are governed by the applicable Membership Agreement or service-specific contract.  All recurring memberships will continue to bill unless properly canceled in accordance with the Membership Agreement. In the event of any conflict, the Terms of the Membership Agreement shall control.

Fitness Factory Okeechobee is committed to delivering high-quality services and experiences. Due to the nature of our offerings, refunds will not be issued for circumstances including, but not limited to:

  • Failure to use purchased services or sessions
  • Scheduling conflicts or inability to attend booked sessions
  • Change of mind after purchase
  • Lack of desired or expected results, as results vary by individual
  • Failure to cancel within required timeframes outlined in applicable Agreements

4.1.     Physical Product Purchases. For physical products, including supplements and merchandise:

  • All sales are final unless the product is defective or damaged upon receipt
  • Any claims for damaged or defective items must be submitted within seven (7) days of delivery
  • Fitness Factory Okeechobee reserves the right to require proof, including photographic evidence, before issuing any replacement or store credit
  • Replacements or store credit may be issued at our discretion; refunds are not guaranteed
  • We do not guarantee results from any supplement or physical product
  • Fitness Factory Okeechobee is not responsible for adverse reactions resulting from failure to review product ingredients or consult with a qualified healthcare professional.
5. HOW WE USE YOUR PERSONAL INFORMATION

Fitness Factory Okeechobee is committed to providing information in an informative, transparent, and practical manner.  All content, services, and materials provided on or through the Site, including training programs, nutritional guidance, supplement information, and general wellness recommendations, are intended for informational and educational purposes only.

All information shared reflects the opinions, experiences, and perspectives of Fitness Factory Okeechobee and is not intended to be, and should not be construed as, medical, health, nutritional, financial, or other professional advice.

Fitness Factory Okeechobee does not provide medical services or diagnoses. No information, guidance, or communication provided by Fitness Factory Okeechobee shall be interpreted as creating any duty of care beyond that required by applicable law, and no content or communication from the Company creates a physician-patient, healthcare provider, or other licensed professional relationship.

You acknowledge and agree that:

  • You are solely responsible for your health, fitness, and lifestyle decisions
  • You should consult with a qualified physician or licensed healthcare provider before beginning any fitness program, nutritional plan, or supplement regimen
  • You should seek professional guidance regarding any medical conditions, injuries, or health concerns
  • Fitness Factory Okeechobee does not monitor your health status in real time and it is not responsible for any injuries, conditions, or outcomes resulting from your failure to disclose relevant medical information or to follow professional medical advice.

Statements regarding supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Reliance on any information provided by Fitness Factory Okeechobee is done solely at your own risk.

5.1.     Assumption of Risk. By participating in any services, programs, training sessions, or activities provided by Fitness Factory Okeechobee, you acknowledge and agree that the physical exercise and fitness activities involve inherent risks, including but not limited to injury, illness, or death.

You voluntarily assume full responsibility for any risks, injuries, or damages, known or unknown, that may occur as a result of your participation.

You acknowledge that use of the gym facilities, equipment, and services, including during unstaffed or 24-hour access periods, is undertaken at your own risk and that Fitness Factory Okeechobee does not provide continuous supervision.

6. NO GUARANTEES‍

Fitness Factory Okeechobee makes no guarantees, representations, or warranties regarding any specific outcomes or results from the use of our Site, services, programs, products, or recommendations.

You acknowledge and agree that results, including but not limited to fitness progress, weight loss, muscle gain, health improvements, or performance outcomes, vary from person to person and depend on a variety of factors, including but not limited to individual effort, consistency, physical condition, lifestyle habits, underlying health conditions, hormonal factors, metabolic function, mental and emotional health, and adherence to recommended programs.

While Fitness Factory Okeechobee is committed to providing high-quality services, tools, and support, we do not guarantee that you will achieve any particular result or benefit.

All products, including supplements, are provided without guarantees of effectiveness or specific outcomes.

Your use of the Site, services, and products is voluntary and at your own risk. Past results, testimonials, or client experiences do not guarantee or indicate future results.

7. MODIFICATIONS TO TERMS

Fitness Factory Okeechobee reserves the right, in its sole and absolute discretion, to revise, update, or modify these Terms and Conditions at any time.

All changes will be effective immediately upon posting to the Site, unless otherwise stated.  Your continued access to or use of the Site or any related services following the posting of the modifications constitutes your acknowledgment and acceptance of those updated Terms.

It is your responsibility to review these Terms periodically to remain informed of any updates. Fitness Factory Okeechobee shall not be liable for your failure to review or understand any modified Terms.

8. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Fitness Factory Okeechobee, its owners, officers, directors, employees, contractors, affiliates, agents, service providers, heirs, and estate shall not beliable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to:

  • Your access to or use of, or inability to access or use, the Site
  • Any services, programs, training sessions, memberships, or products offered by Fitness Factory Okeechobee
  • Any content, materials, or information provided through the Site or services
  • Any communications, including email, SMS, or other messaging services
  • Any third-party platform, system, or integrations

This limitation includes, without limitation, damages for:

  • Personal injury or health-related issues
  • Loss of data, revenue, or profits
  • Business interruption
  • Service interruptions or scheduling issues
  • Errors, omissions, or inaccuracies in content
  • Unauthorized access, data breaches, or system failures

This limitation of liability applies regardless of the legal theory asserted, whether in contract, tort (including negligence), strict liability, orotherwise, and applies even if Fitness Factory Okeechobee has been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of certain damages, liability shall be limited to the maximum extent permitted by law and in no event shall the total liability of Fitness Factory Okeechobee exceed the amount paid by you, if any, for the services or products giving rise to the claim.

9. GOVERNING LAW AND VENUE

This Agreement, and any dispute, claim, or controversy arising out of or relating to your use of the Site, services, programs, memberships, products, or any relationship with Fitness Factory Okeechobee, shall be governed by and construed inaccordance with the laws of the State of Florida, without regard to its conflict of law principles.

Subject to the dispute resolution provisions set forth in this Agreement, including any applicable arbitration requirements, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located within the State of Florida.

You hereby irrevocably submit to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or lack of jurisdiction.

10. INDEMNIFICATION

As a condition of your use of the Site and participation in any services, programs, memberships, or purchases offered by Fitness Factory Okeechobee, you agree to defend, indemnify, and hold harmless Fitness Factory Okeechobee, its owners, officers, directors, employees, contractors, trainers, affiliates, agents, service providers, heirs, and estate from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your actions or omissions, including claims brought by third parties arising from such actions or omissions:

  • Your access to or use of the Site
  • Your participation in any fitness activities, programs, or services
  • Your purchase or use of any products, including supplements or merchandise
  • Your violation of these Terms or any applicable laws or regulations
  • Any information or content you submit, transmit, or share through the Site or related services
  • Your misuse of equipment, facilities, or training guidance

This obligation shall survive the termination of your use of the Site or services and shall apply to the fullest extent permitted by applicable law.

11. ENTIRE AGREEMENT; SEVERABILITY; WAIVER

These Terms and Conditions, together with any other legal notices, policies, agreements, or guidelines referenced herein or made available by Fitness Factory Okeechobee, including but not limited to the Privacy Policy, Membership Agreements, and any service-specific Terms, constitute the entire Agreement between you and Fitness Factory Okeechobee relating to your use of the Site, services, programs, memberships, products, and any related interactions.

This Agreement supersedes all prior or contemporaneous understandings, agreements, communications, or representations, whether oral or written, regarding such subject matter.

This Agreement may not be amended, modified, or supplemented except by Fitness Factory Okeechobee as expressly set forth in these Terms.

In the event of a conflict between this Agreement and any other agreement, the more specific agreement shall control.

11.1.     Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law so as to reflect the original intent of the parties, and the remaining provisions shall remain in full force and effect.

11.2.     Waiver. The failure of Fitness Factory Okeechobee to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and shall apply only to the specific instance for which it is given.

 11.3.     Assignment. Fitness Factory Okeechobee may assign, transfer, or delegate its rights and obligations under this Agreement, in whole or in part, at any time without restriction.

You may not assign, transfer, or delegate your rights or obligations under this Agreement without the prior written consent of Fitness Factory Okeechobee.  Any attempted assignment in violation of this provision shall be null and void.

 11.4.     No Agency or Partnership. Nothing in this Agreement shall be construed to create any partnership, joint venture, employment, or agency relationship between you and Fitness Factory Okeechobee.

11.5.     Survival. The provisions of this Agreement that by their nature should survive termination, including but not limited to limitation of liability, indemnification, dispute resolution, and intellectual property rights, shall survive termination of this Agreement.

12. FORCE MAJEURE

Fitness Factory Okeechobee shall not be liable for any failure or delay in performance under this Agreement resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, power outages, internet or system failures, government actions, labor disputes, pandemics, or interruptions in third-party services.

In such events, Fitness Factory Okeechobee reserves the right to modify, suspend, or terminate services without liability.

13. DISPUTE RESOLUTION AND BINDING ARBITRATION

Any dispute, claim, or controversy arising out of or relating to this Agreement, your use of the Site, services, memberships, programs, products, or any relationship with Fitness Factory Okeechobee shall be resolved through final and binding arbitration in the State of Florida, rather than in court, except as otherwise required by law.

The arbitration shall be conducted by a mutually agreed-upon arbitrator and shall be governed by applicable arbitration rules. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.1.     Class Action Waiver. To the fullest extent permitted by applicable law, you agree that a dispute, claim, or proceeding shall be brought solely in your individual capacity and not as part of any class action, collective action, consolidated action, orrepresentative proceeding.

You further agree that you waive any right to participate in or bring a claim as a plaintiff or class member in any purported class, collective, or representative proceeding against Fitness Factory Okeechobee.

The arbitrator shall have no authority to:

  • Combine or consolidate claims of multiple individuals
  • Preside over any form of class or representative proceeding
  • Award relief on behalf of anyone other than the individual party

If any portion of this arbitration provision is found to be unenforceable, the remaining portions shall remain in full force and effect.

This arbitration provision shall survive the termination of this Agreement.