(Effective Date: July 14, 2025)
Quick‑Read Index (click or scroll)
1. Definitions
2. Acceptance of Terms
3. Description of Services
4. Eligibility & Medical Responsibility
5. Booking, Membership, Payments & Refunds
6. Pricing & Promotions
7. Health, No‑Professional‑Advice & Results Disclaimer
8. Assumption of Risk & Waiver Reference
9. Intellectual Property
10. User Conduct & Enforcement
11. Supplements & FDA Notice
12. Third‑Party Links & Affiliates
13. Privacy & Data Handling
14. Surveillance Notice
15. LIMITATION OF LIABILITY
16. INDEMNIFICATION
17. Governing Law & Venue
18. Dispute Resolution (Arbitration & Class‑Action Waiver)
19. Modifications & Notice
20. Severability & Entire Agreement
21. Contact Information
1. DEFINITIONS
"Site" – all web pages, booking portals, and social‑media integrations operated by EFR.
"Services" – the fitness, recovery, wellness, and ancillary offerings described in Section 3.
"User," "you," or "your" – any individual accessing or using the Site or Services.
"Membership" – any recurring paid plan granting access to Services for a defined period.
"Waiver" – the General Waiver & Release of Liability you must sign prior to in‑person participation.
2. ACCEPTANCE OF TERMS
By accessing the Site, YOU AGREE to these Terms & Conditions ("Terms"), the Waiver, and the Privacy Policy.
3. DESCRIPTION OF SERVICES
The Site enables you to learn about, purchase, schedule, and/or participate in personal & small‑group training, yoga, boxing, infrared sauna, red‑light therapy, cold plunge, circulation & compression therapy, acupuncture, Reiki, nutrition coaching, supplement sampling, and future offerings (collectively, the "Services").
4. ELIGIBILITY & MEDICAL RESPONSIBILITY
Users must be (a) at least 18 years old or (b) minors with verified parental/guardian consent per the Waiver. You are solely responsible for obtaining any necessary medical clearance before using the Services.
5. BOOKING, MEMBERSHIP, PAYMENTS & REFUNDS
5.1 Auto‑Renewal & Minimum Term – All recurring memberships renew every 28 days with a three‑month minimum commitment unless otherwise stated in writing.
5.2 Billing Authorization – You authorize EFR to charge the payment method on file for all fees, taxes, and penalties.
5.3 Cancellation Window – 30 days written notice prior to the next billing date is required to avoid renewal.
5.4 NO REFUNDS / NO ROLLOVERS – Once a membership, program, session pack, or recovery service has processed or renewed, THERE ARE NO CREDITS, REFUNDS, OR ROLLOVERS for unused portions. All exception requests must be submitted in writing with supporting documentation and are granted solely at EFR’s discretion.
5.5 Recovery‑Service Deposits & Forfeiture – A $35 deposit is required to reserve recovery services.
• Cancellation of appointment with more than 24 hours before appointment → deposit applied.
• Cancellation with less than 24 hours before appointment or no-show → deposit forfeited and the session (if from a pack or membership) is deducted.
• Two late cancels/no‑shows revoke priority premium time slots for a minimum of 30 days.
5.6 Freezes & Transfers – Freezes are granted solely at EFR’s discretion and only for Members in good standing. Requests will be considered only when the anticipated absence exceeds seven (7) consecutive days. Absences longer than thirty (30) consecutive days require verifiable documentation (e.g., physician’s note). Total freeze time may not exceed sixty (60) days per calendar year. Memberships and Services remain non‑transferable.
5.7 No Guarantee of Availability – EFR does not guarantee the availability of any specific instructor, class, service, or time slot. Schedules are subject to change without notice.
6. PRICING & PROMOTIONS
Prices are in U.S. dollars and may change without notice. Promotional rates apply only during the advertised period and cannot be retroactively applied.
7. HEALTH, NO‑PROFESSIONAL‑ADVICE & RESULTS DISCLAIMER
Information on the Site is for general educational purposes only and does NOT constitute professional medical, nutritional, or therapeutic advice. Consult a qualified professional before acting on any information. NO GUARANTEE of weight‑loss, performance, or aesthetic results is made. Statements about supplements or therapies have NOT been evaluated by the FDA and are NOT intended to diagnose, treat, cure, or prevent disease.
8. ASSUMPTION OF RISK & WAIVER REFERENCE
Purchases or reservations confirm your agreement to the Waiver, including ASSUMPTION OF RISK, RELEASE OF LIABILITY, and ARBITRATION provisions.
9. INTELLECTUAL PROPERTY
"Empowered Fitness & Recovery," "EFR," "Get Your Edge," logos, and Site content are EFR property. Unauthorized use is prohibited.
10. USER CONDUCT & ENFORCEMENT
You agree to uphold the Waiver’s Code of Conduct and refrain from unlawful, abusive, or infringing activity. EFR may suspend or terminate access and memberships for violations.
11. SUPPLEMENTS & FDA NOTICE
Supplements are for personal use only. Discontinue use and consult a physician if adverse reactions occur.
12. THIRD‑PARTY LINKS & AFFILIATE DISCLOSURE
The Site may link to third‑party sites. EFR is not responsible for their content or privacy practices and may earn affiliate commissions, disclosed where required.
13. PRIVACY & DATA HANDLING
Personal Information is processed per the Privacy Policy. By using the Site, you consent to such processing, including on‑premises surveillance.
14. SURVEILLANCE NOTICE
Audio and video surveillance is conducted in compliance with Illinois law. By entering our premises, you consent to such recording.
15. LIMITATION OF LIABILITY
To the fullest extent permitted by law, EFR’s liability shall not exceed the greater of (a) fees paid in the preceding 12 months OR (b) US $100. EFR is not liable for indirect, incidental, consequential, or punitive damages.
16. INDEMNIFICATION
You will indemnify and hold harmless EFR, its owners, employees, contractors, agents, successors, and assigns from any losses, damages, liabilities, or costs (including attorneys’ fees) arising from your breach of these Terms or misuse of the Site or Services.
17. GOVERNING LAW & VENUE
These Terms are governed by Illinois law. Exclusive venue for any permitted court proceeding is Cook County, Illinois.
18. DISPUTE RESOLUTION (ARBITRATION & CLASS‑ACTION WAIVER)
Any dispute will be resolved exclusively by binding arbitration under the AAA Consumer Rules in Cook County, Illinois. Proceedings are individual; both parties WAIVE jury trials and class actions. Each party bears its own legal fees; arbitrator fees are split equally.
19. MODIFICATIONS & NOTICE
EFR may modify these Terms at any time. Material changes—including but not limited to changes to cancellation policies, dispute‑resolution procedures, or data‑handling practices—will be announced via email or prominent Site notice.
20. SEVERABILITY & ENTIRE AGREEMENT
If any provision is unenforceable, the remainder remains in force. These Terms, the Waiver, and the Privacy Policy constitute the entire agreement and supersede prior understandings.
21. CONTACT INFORMATION
Empowered Fitness & Recovery LLC
3350 W. Salt Creek Lane
Suite 109
Arlington Heights, IL 60005
Email: [email protected]
Phone: (224) 379‑0416
Last updated: July 14, 2025