Terms of Service
1. Agreement
These Terms of Service ("Terms") govern your access to and use of the Gym Optional mobile application, website, and related services (collectively, the "Services"). The Services connect clients seeking personal training with independent personal trainers for virtual training sessions and related features such as messaging, scheduling, and payments.
By creating an account or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 18 years of age to register as a trainer. You must be at least the age of majority in your jurisdiction (and at least 13 years old, or older where a higher minimum applies) to register as a client. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.
3. Nature of the marketplace
Gym Optional provides a technology platform that facilitates connections between clients and trainers. Gym Optional does not directly provide personal training services. Any agreement for training services is between the client and the trainer, subject to these Terms and the policies stated in the app.
Trainers are independent contractors and independent businesses, not employees, agents, joint venturers, or partners of Gym Optional. Gym Optional does not control the manner, method, or means by which trainers perform their services. Trainers determine their own rates, schedules, availability, training methods, and whether to accept or decline any booking. Nothing in these Terms creates an employment relationship, partnership, or agency between Gym Optional and any trainer.
Gym Optional does not endorse, guarantee, or assume responsibility for any trainer's qualifications, certifications, fitness advice, training methods, or the quality or safety of any training session. Verification of trainer profiles is limited to a review of submitted materials and does not constitute a background check, endorsement, or guarantee of competency, safety, or fitness to provide personal training services.
4. Accounts and security
You must provide accurate registration information and keep your credentials confidential. You are responsible for all activity under your account. Notify us promptly at support@gymoptional.com if you suspect unauthorized access.
5. Trainer obligations and independent contractor acknowledgment
If you register as a trainer, you acknowledge and agree to the following:
Independent contractor status. You are an independent contractor and not an employee of Gym Optional. You are solely responsible for determining how, when, and where you provide your services. You are free to use other platforms and maintain other clients outside of Gym Optional. There is no exclusivity requirement.
Taxes. You are responsible for your own income taxes, self-employment taxes, and any other applicable taxes. Gym Optional does not withhold taxes on your behalf. You may receive a 1099 form or equivalent tax document where required by law.
Licenses and certifications. You are responsible for obtaining and maintaining any licenses, certifications, permits, or other credentials required to lawfully provide personal training services in your jurisdiction.
Insurance. You are strongly encouraged to obtain and maintain professional liability insurance and general liability insurance appropriate for providing personal training services. Gym Optional does not provide insurance coverage for trainers.
No employee benefits. Gym Optional does not provide you with employee benefits of any kind, including but not limited to health insurance, retirement plans, workers' compensation, unemployment insurance, or paid time off.
Client safety. You are responsible for ensuring that exercises and training methods you recommend are appropriate and safe for each individual client. You agree to ask clients about relevant health conditions, injuries, or limitations before and during training sessions.
Profile accuracy. You will provide accurate profile and verification materials where requested.
Legal compliance. You will comply with all applicable laws and professional standards applicable to your services.
Payments. You understand that Stripe (or successor payment processors) facilitates payments and payouts according to their terms and our integration.
Subscription fees. Subscription or listing fees, where applicable, are described in the app and billed according to the checkout flow you accept.
6. Client obligations
If you register as a client, you agree to:
- Provide accurate booking and payment information.
- Attend sessions you book or cancel according to the cancellation policy stated in the app.
- Use messaging and video features responsibly and respectfully.
7. Assumption of risk and medical disclaimer
THIS IS NOT MEDICAL ADVICE. Gym Optional and the trainers on the platform do not provide medical advice, diagnosis, or treatment. The Services are not a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider.
CONSULT YOUR DOCTOR. You should consult with a qualified healthcare provider before beginning any exercise program, particularly if you have any pre-existing health conditions, injuries, disabilities, or concerns about your physical ability to exercise. If you experience pain, dizziness, shortness of breath, or any other concerning symptoms during a session, stop exercising immediately and seek medical attention.
ASSUMPTION OF RISK. You acknowledge that physical exercise involves inherent risks, including but not limited to physical injury, disability, pain, suffering, illness, disfigurement, temporary or permanent health impairment, and death. By using the Services and participating in any training session, you voluntarily assume all such risks, whether or not caused by the negligence of any trainer, Gym Optional, or any other party. You agree that you are voluntarily participating in these activities and assume all risks of injury or harm that may result.
WAIVER. To the maximum extent permitted by applicable law, you waive any and all claims against Gym Optional, its officers, directors, employees, agents, and affiliates arising from or related to any injury, illness, damage, or loss sustained during or as a result of any training session arranged through the Services.
8. Payments, fees, and refunds
- Payments are processed by Stripe. Card and banking details are handled by Stripe under its privacy policy and terms.
- Pricing may include session fees set by trainers plus platform or booking fees as disclosed at checkout.
- Trainer subscriptions (where applicable) renew according to the terms presented at purchase until canceled as permitted.
- Cancellation and refunds for sessions follow the policy displayed in the app (including timing windows such as cancellation relative to session start). Gym Optional may facilitate refunds through Stripe according to that policy; ultimate settlement may depend on Stripe and banking timelines.
9. Virtual sessions, video, and conduct
Conduct. You agree to use video and messaging features lawfully and respectfully. You agree not to harass, abuse, discriminate against, or endanger others. You agree not to use the Services for unlawful, fraudulent, or misleading activity. We may suspend or terminate accounts that violate these rules or threaten community safety.
No recording without consent. You may not record, capture, screenshot, or otherwise reproduce any portion of a video training session without the express prior consent of all participants. Unauthorized recording may violate applicable law and will result in immediate account termination.
Privacy. You are responsible for ensuring your participation environment is appropriate for a video session. Gym Optional is not responsible for any content visible or audible during a session that is outside its control.
10. Reviews and content
Users may submit reviews or other content where the app allows. You grant Gym Optional a non-exclusive license to host, display, and distribute such content as needed to operate the Services. You represent that your content does not infringe third-party rights. We may remove content that violates these Terms or applicable law.
11. Intellectual property
The Gym Optional name, logo, app design, and related materials are owned by Gym Optional or its licensors. You may not copy, modify, or reverse engineer the Services except as permitted by law.
12. Disputes between clients and trainers
Gym Optional is a technology platform and is not a party to any agreement between a client and a trainer for training services. Any disputes regarding the quality, safety, content, or outcome of a training session are between the client and the trainer. Gym Optional may, at its sole discretion, facilitate communication between the parties or take action on accounts (such as suspension or termination) where it determines a violation of these Terms has occurred, but is under no obligation to mediate, arbitrate, or resolve any dispute between users.
13. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, GYM OPTIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
GYM OPTIONAL DOES NOT WARRANT OR GUARANTEE THE QUALIFICATIONS, IDENTITY, BACKGROUND, SKILLS, OR COMPETENCY OF ANY TRAINER. VERIFICATION OF TRAINER PROFILES IS LIMITED AND DOES NOT CONSTITUTE AN ENDORSEMENT, BACKGROUND CHECK, OR GUARANTEE OF ANY KIND.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GYM OPTIONAL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY INJURY, ILLNESS, OR DAMAGE ARISING FROM OR RELATED TO ANY TRAINING SESSION.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO GYM OPTIONAL FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100), EXCEPT WHERE PROHIBITED BY LAW.
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted.
15. Indemnity
You will defend, indemnify, and hold harmless Gym Optional and its affiliates, officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your content; (c) your violation of these Terms; (d) your violation of third-party rights; (e) any training session in which you participated as a client or trainer; or (f) any claim by a third party arising from your acts or omissions in connection with the Services.
16. Arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Binding arbitration. You and Gym Optional agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except that either party may bring qualifying claims in small claims court.
Class action waiver. YOU AND GYM OPTIONAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this specific provision is found to be unenforceable, then the entirety of this arbitration section shall be null and void.
Opt-out. You may opt out of this arbitration provision by sending written notice to support@gymoptional.com within 30 days of first accepting these Terms. If you opt out, you and Gym Optional may exercise your respective rights to seek resolution in court.
Costs. Gym Optional will pay all AAA filing, administration, and arbitrator fees for claims under $10,000. For claims above $10,000, fees will be allocated according to AAA rules. Each party will bear its own attorneys' fees unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award fees to the prevailing party.
17. Termination
You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms, create risk or legal exposure, or for operational reasons with reasonable notice where feasible.
Trainers may delete their trainer account through in-app flows where provided; such deletion may cancel subscriptions and bookings as disclosed at the time of deletion.
18. Changes
We may modify these Terms. We will post updated Terms and update the effective date. Continued use after the effective date constitutes acceptance, except where applicable law requires additional notice or consent.
19. Governing law
These Terms are governed by the laws of the State of Delaware, USA, excluding conflict-of-law rules, unless a different jurisdiction is required by mandatory consumer protection law in your place of residence.
To the extent any dispute is not subject to arbitration under Section 16, it shall be resolved in the courts located in Delaware, USA, unless applicable law requires otherwise.
20. Miscellaneous
These Terms constitute the entire agreement regarding the subject matter here. If any provision is invalid, the remainder remains in effect. Failure to enforce a provision is not a waiver.
21. Contact
Email: support@gymoptional.com
Website: https://gymoptional.com
This document is provided for general information and does not constitute legal advice. Have qualified counsel review before publication.