These Terms of Service ("Terms") govern your access to and use of the website at fitsiclubs.com (the "Site"), operated by Fitsi Escondido ("Fitsi," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
The Site is informational; your membership agreement controls
The Site provides information about Fitsi Escondido, our facilities, memberships, and promotions, and lets you request a free day pass or contact us. Membership purchases, billing, cancellation, and gym access are governed by the separate membership agreement and gym rules you enter into at sign-up (payment and membership processing are handled by our provider, ABC Fitness). If anything on the Site conflicts with your signed membership agreement, the membership agreement controls.
Pricing and promotions
Prices, fees (including monthly dues, enrollment fees, processing fees, and the annual maintenance fee), promotions, hours, amenities, and other details described on the Site are subject to change at any time without notice and may contain errors or omissions. Any offer — including a free day pass or first-time guest offer — is subject to eligibility requirements and may be modified, limited, or withdrawn at any time. The amounts and terms confirmed at the point of sale govern your purchase.
Free day pass
A free day pass is intended for eligible, first-time, local guests and is subject to presenting a valid government-issued photo ID and following all gym rules. We may limit, modify, condition, or decline passes in our sole discretion.
Eligibility
You must be at least 18 years old (or the age of majority in your state of residence) to purchase a membership. By using the Site, you represent that the information you provide is accurate and that you are authorized to provide it.
Acceptable use
You agree not to misuse the Site, including by attempting to gain unauthorized access, interfering with its operation or security, introducing malicious code, scraping or harvesting data, or using the Site for any unlawful purpose.
Communications consent
By providing your contact information and selecting the applicable consent options, you agree that we may contact you as described in our Privacy Policy and in the consent language presented at the point of collection, including by SMS/text message where you have opted in. You may opt out at any time (reply STOP to texts; use the unsubscribe link in emails).
Intellectual property
The Site and its content — including text, graphics, logos, images, and layout — are owned by or licensed to Fitsi and are protected by intellectual-property laws. You may not copy, reproduce, modify, distribute, or create derivative works from the Site or its content without our prior written permission.
Third-party services and links
The Site links to and integrates third-party services (for example, ABC Fitness for membership checkout, mapping, analytics, and advertising). We do not control and are not responsible for third-party services, and your use of them is subject to their own terms and policies.
Disclaimers
The Site and all content are provided "as is" and "as available," without warranties of any kind, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure, or that any information on the Site is accurate, complete, or current.
Limitation of liability
To the fullest extent permitted by law, Fitsi and its owners, managers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, revenue, or goodwill, arising out of or relating to your use of (or inability to use) the Site. Our total aggregate liability for all claims relating to the Site will not exceed one hundred U.S. dollars ($100.00). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Fitsi and its owners, employees, and affiliates from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site or your violation of these Terms.
Governing law and venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to their jurisdiction.
Changes to these Terms
We may update these Terms at any time. Changes are effective when posted, with the "Last updated" date revised above. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
Contact
Fitsi Escondido
1529 E Valley Pkwy, Escondido, CA 92027
Phone: (442) 257-2203
Email: info@fitsiescondido.com