Fitness Center Terms of Service and Membership Agreement

Effective Date: April 15, 2026
Business Name: EO VITA Inc. d/b/a EO VITA
Location: Carlsbad Village
Contact Email: members@eovita.club
Contact Phone: N/A
Mailing Address for Notices: 2868 Trails Lane, Carlsbad, CA 92008

1. Agreement; Acceptance

These Terms of Service and Membership Agreement (the "Agreement") govern access to and use of the facilities, services, programs, equipment, classes, training, recovery services, website, mobile communications, and any related offerings provided by EO VITA ("Club," "we," "us," or "our").

By signing this Agreement, purchasing a membership, booking a service, entering the Club, or using any Club service, the member or guest ("you" or "Member") agrees to be bound by this Agreement, our posted rules and policies, and any additional written policies incorporated by reference.

If you do not agree to this Agreement, do not use the Club or its services.

2. Eligibility

You represent that:

  1. You are at least 18 years old, or your parent or legal guardian has signed the applicable consent and waiver forms on your behalf.

  2. You have the legal capacity to enter into this Agreement.

  3. You will comply with this Agreement and all Club rules, policies, and staff instructions.

  4. The information you provide to the Club is accurate and current.

The Club may require proof of identity and age at enrollment, check-in, or when using certain services.

3. Membership Types and Services

The Club may offer various memberships, packages, passes, classes, training sessions, testing services, recovery services, and promotional offers. Your specific membership or purchase, including included services, exclusions, term, renewal structure, fees, and cancellation rights, will be described in your Membership Summary, Order Confirmation, or Enrollment Form, which is incorporated into this Agreement.

The Club reserves the right to add, change, suspend, or discontinue services, amenities, equipment, classes, instructors, operating hours, digital features, and programming at any time, provided that any material reduction of promised services will be handled in accordance with applicable law and any express written commitments made to you.

Nothing in this Agreement guarantees the continued availability of a particular instructor, class time, item of equipment, amenity, therapist, trainer, testing protocol, or recovery modality.

4. Health Studio Contract Disclosures

To the extent applicable under California law, this Agreement is intended to comply with California laws governing contracts for health studio services. Your contract term, if any, will be stated clearly in your Membership Summary. Any required cancellation notices, renewal disclosures, and consumer rights notices required by law will control to the extent they differ from generic language in this Agreement.

If this Agreement is treated as a contract for health studio services under California law, then the Club intends that:

  1. The contract will be in writing.

  2. A copy will be provided to you at the time of signing, including by email where permitted.

  3. Required cancellation rights and notices will be honored.

  4. The contract term and any minimum commitment period will not exceed the maximum permitted by law.

  5. Payment obligations will not exceed what is permitted by law.

5. Membership Term; Renewal; Billing Authorization

5.1 Month-to-Month Memberships

Unless otherwise stated in your Membership Summary, recurring memberships renew automatically on a month-to-month basis until canceled in accordance with this Agreement and applicable law.

5.2 Fixed-Term Memberships

If you purchase a fixed-term membership, the initial term will be stated in your Membership Summary. If your membership converts to a month-to-month or other renewal term after the initial term, that renewal structure will be disclosed at enrollment.

5.3 Recurring Payment Authorization

You authorize the Club and its payment processors to charge your designated payment method for all amounts due under this Agreement, including membership dues, late cancellation fees, no-show fees, retail purchases, guest fees, service fees, declined payment fees, taxes, and other agreed charges.

You agree to keep a valid payment method on file at all times. If a payment is declined, the Club may suspend access until your account is brought current.

5.4 Automatic Renewal Disclosures

If your membership or service is sold on an automatic renewal or continuous service basis, you acknowledge that the offer terms, renewal terms, cancellation methods, and recurring charges were presented to you before purchase in a clear and conspicuous manner, and that you consented to those terms. The Club will provide any acknowledgments, renewal notices, or change notices required by law.

5.5 Price Changes

For month-to-month memberships, the Club may change recurring dues or fees on prospective billing cycles by giving advance notice required by law or, if no specific notice period is required, at least 30 days' prior notice.

6. Cancellation and Termination

6.1 Member Cancellation

You may cancel your membership in the manner permitted by applicable law and your Membership Summary. Unless a different method is required by law, cancellation requests may be submitted in person, by email to members@eovita.club, or by first-class mail to 2868 Trails Lane, Carlsbad, CA 92008.

If your membership includes a required notice period for termination after any minimum term, that notice period will be stated in your Membership Summary and will not exceed what is permitted by law.

Cancellation becomes effective as of the date determined under your membership terms and applicable law. Fees already earned, accrued, or nonrefundable under applicable law may still be charged.

6.2 Statutory Cancellation Rights

Where required by law, you may cancel within any mandatory cooling-off period and receive any refund required by law. You may also have statutory cancellation rights in the event of death, disability, relocation, or material failure by the Club to provide the agreed services, to the extent required by law.

If California law or another applicable law grants you greater cancellation rights than those described in this Agreement, the law will control.

6.3 Club Termination or Suspension

The Club may suspend or terminate your membership, package, access privileges, or services immediately for any of the following:

  1. Nonpayment or repeated declined payments.

  2. Violation of this Agreement or Club rules.

  3. Unsafe, threatening, abusive, discriminatory, harassing, or disruptive conduct.

  4. Damage to equipment or Club property.

  5. Use of the Club in a manner that creates risk to yourself, other members, guests, or staff.

  6. Suspected fraud, chargebacks, or misuse of membership privileges.

  7. Conduct that the Club reasonably believes may harm the reputation, operations, or legal compliance of the Club.

The Club may also deny entry to any person for safety, security, or operational reasons.

7. Refund Policy

Except as required by law or expressly stated in writing:

  1. Membership dues already billed are nonrefundable.

  2. Enrollment fees, initiation fees, access card fees, and administrative fees are nonrefundable.

  3. Unused classes, sessions, packages, and appointments expire as stated at purchase and are nonrefundable.

  4. Retail product sales are subject to the Club's posted retail return policy.

  5. Promotional, discounted, founding member, presale, or charter offers may be subject to separate written terms.

Nothing in this Section limits any refund rights that cannot legally be waived.

8. Freezes, Holds, and Medical Pauses

The Club may, but is not required to, allow temporary membership freezes or holds under a written freeze policy. Any allowed freeze must comply with the procedures, minimum and maximum durations, documentation requirements, and fees stated in that policy and applicable law.

Medical freezes or disability-related accommodations will be considered in good faith and handled in accordance with applicable law.

9. Club Rules and Member Conduct

You agree to follow all posted and communicated Club rules, including rules related to safety, hygiene, attire, equipment use, class reservations, age restrictions, guest access, locker use, photography, recording, recovery services, and staff instructions.

Without limitation, you agree that you will not:

  1. Use equipment in an unsafe or improper manner.

  2. Enter staff-only or restricted areas.

  3. Harass, intimidate, or interfere with staff, members, or guests.

  4. Bring prohibited items, including weapons, illegal drugs, or alcohol not expressly permitted by the Club.

  5. Conduct unauthorized personal training, coaching, therapy, instruction, solicitation, or commercial activity on Club premises.

  6. Photograph or record others without their consent where prohibited by Club policy.

  7. Misuse lockers, access credentials, towels, recovery facilities, or member benefits.

  8. Enter the facility while knowingly having a contagious condition that creates unreasonable risk to others.

The Club may update rules from time to time. Material updates may be posted in the Club, on the website, or sent electronically.

10. Class Reservations; Appointments; Late Cancels; No-Shows

Certain classes, personal training sessions, testing appointments, and recovery services may require advance booking. By reserving a spot, you agree to the applicable attendance, cancellation, and no-show policy.

Unless otherwise stated in a service-specific policy:

  1. A reservation may be canceled without penalty if canceled at least [24] hours before the scheduled start time.

  2. Late cancellations and no-shows may result in a fee, session forfeiture, or temporary loss of booking privileges.

  3. The Club may cancel or reschedule appointments or classes for staffing, safety, maintenance, low attendance, or other operational reasons.

Service-specific cancellation windows and fees should be attached as a schedule or posted policy.

11. Personal Training, Coaching, Testing, and Recovery Services

The Club may offer personal training, coaching, assessments, metabolic testing, VO2 max testing, lactate testing, red light therapy, sauna access, compression therapy, neuro-based recovery modalities, and other wellness or performance services.

These services are provided for general fitness, educational, recovery, or wellness purposes only and are not medical care, physical therapy, chiropractic care, mental health care, diagnosis, or treatment unless expressly provided by a separately licensed provider under a separate agreement.

You understand and agree that:

  1. Results are not guaranteed.

  2. Recommendations are general in nature and may not be appropriate for every individual.

  3. You are responsible for consulting a physician or other licensed provider regarding any condition, limitation, contraindication, medication, or symptom relevant to your participation.

  4. Some services may have separate intake forms, informed consents, contraindication screenings, and waivers, all of which are incorporated by reference when signed.

The Club may refuse or discontinue any service if staff reasonably believe the service is not appropriate or safe for you.

12. Health Acknowledgment

You acknowledge that physical exercise, strength training, cardio exercise, group classes, personal training, testing protocols, heat exposure, compression, stretching, mobility work, and recovery services involve inherent risks, including the risk of serious injury, illness, abnormal physiological response, disability, or death.

You represent that you are voluntarily participating in Club activities and either:

  1. Are in good physical condition and able to participate without undue risk, or

  2. Have consulted an appropriate licensed medical professional and obtained clearance to participate.

You agree to stop exercise or participation and notify staff immediately if you experience dizziness, pain, faintness, shortness of breath beyond normal exertion, chest discomfort, nausea, or any other concerning symptom.

13. Assumption of Risk; Release; Waiver of Liability

To the fullest extent permitted by law, you voluntarily assume all risks of participating in Club activities and using Club premises, equipment, facilities, services, parking areas, sidewalks, showers, locker rooms, saunas, recovery areas, and related spaces, including risks arising from ordinary negligence related to active or passive conditions of the premises, equipment, training environment, and participation in recreational and fitness activities.

To the fullest extent permitted by law, you release and waive claims against the Club and its owners, parents, subsidiaries, affiliates, landlords, managers, officers, directors, employees, contractors, trainers, agents, successors, and assigns (collectively, the "Released Parties") for personal injury, illness, property damage, economic loss, or wrongful death arising out of or related to your use of the Club or participation in its services, except to the extent caused by gross negligence, reckless conduct, willful misconduct, or any liability that cannot be waived under applicable law.

This release is intended to be as broad and inclusive as permitted by California law, but not broader.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against claims, demands, actions, damages, losses, liabilities, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

  1. Your breach of this Agreement.

  2. Your misuse of the Club or services.

  3. Your negligent, reckless, unlawful, or intentional acts or omissions.

  4. Injury or damage caused by you to any person or property.

This Section does not require you to indemnify a Released Party for that party's sole gross negligence, reckless conduct, or willful misconduct where prohibited by law.

15. Emergency Medical Response

If the Club believes you may be injured, ill, impaired, or in need of urgent care, you authorize the Club to contact emergency responders, provide basic first-response assistance within staff training limits, and share relevant information with emergency personnel. You are responsible for any resulting medical or transportation costs.

The Club is not obligated to provide medical supervision or emergency medical services on site unless expressly stated otherwise.

16. Not Medical Advice

All Club content, coaching, testing output, metrics, educational materials, and staff communications are for informational and general fitness purposes only. They do not constitute medical advice, diagnosis, treatment, or a substitute for consultation with a licensed medical professional.

Do not disregard professional medical advice or delay seeking it because of information obtained from the Club.

17. Minors

No person under 18 may use the Club except as expressly permitted by the Club and with all required parent or guardian signatures, consents, waivers, supervision arrangements, and program-specific permissions.

A parent or legal guardian who signs on behalf of a minor agrees to be bound by this Agreement on the minor's behalf to the extent permitted by law and accepts responsibility for the minor's conduct and compliance.

The Club may impose age limits for the facility generally or for specific areas, equipment, classes, childcare, locker rooms, saunas, and recovery services.

18. Guests and Day Pass Users

All guests and day pass users must register, provide requested information, comply with Club rules, and sign any required waivers or guest agreements before entering or participating.

Members are responsible for ensuring that their guests comply with all Club rules. The Club may deny or revoke guest privileges at any time.

19. Lockers; Personal Property; Lost and Found

Lockers are provided as a convenience only unless otherwise stated. Do not leave valuables unattended. The Club is not a bailee of your property and is not responsible for lost, stolen, or damaged personal property, except as required by law.

Items left in lockers, cubbies, or on Club premises may be removed, stored, donated, or discarded after any period stated in the Club's lost-and-found policy.

The Club may open lockers for safety, sanitation, maintenance, emergencies, suspected policy violations, or operational reasons.

20. Damage to Club Property

You are responsible for damage to Club property, equipment, or facilities caused by your misuse, negligence, intentional acts, or violation of this Agreement. The Club may charge your payment method for repair or replacement costs after providing notice and a reasonable explanation, to the extent permitted by law.

21. Photo, Video, and Security Monitoring

For safety, security, operational, and quality-control purposes, the Club may use video surveillance in common areas where permitted by law. Surveillance will not be used in prohibited private areas such as restrooms, showers, or changing areas.

From time to time, the Club may capture photographs or video for marketing or social media. The Club will seek any permissions required by law or by its own policy before using an identifiable image of you for promotional purposes. You may opt out by notifying the Club in writing at members@eovita.club, subject to operational limitations for group or event photography.

Members and guests may not photograph or record others in violation of Club policy.

22. Communications; Email; SMS

By providing your contact information, you consent to receive operational and transactional communications from the Club, including communications regarding billing, bookings, waitlists, account issues, policy updates, maintenance notices, and service-related messages, by email, phone call, or text message, as permitted by law.

If you separately opt in to marketing emails or SMS, you may revoke that consent in the manner provided in the message or by contacting the Club. Consent to marketing messages is not a condition of purchase.

23. Privacy

The Club may collect personal information, health-related screening information, payment data, usage data, and communications data in connection with operating the business and providing services. Our collection, use, storage, and disclosure of personal information are governed by our Privacy Policy, which is incorporated by reference.

Where applicable, the Club will provide notices required by California privacy law. Health or biometric information collected for screenings, assessments, or recovery services may be subject to additional written consents or policies.

24. Website and Digital Services

If the Club provides a website, app, member portal, online booking tool, or digital content, the Club grants you a limited, revocable, nonexclusive, nontransferable right to use those digital services for personal, noncommercial use in connection with your membership or purchases.

You agree not to:

  1. Copy, scrape, reverse engineer, interfere with, or misuse digital systems.

  2. Share passwords or access credentials.

  3. Upload malicious code or attempt unauthorized access.

  4. Use Club content, trademarks, videos, or materials for commercial purposes without written permission.

The Club may suspend digital access for maintenance, security, or violations of this Agreement.

25. Intellectual Property

All Club names, logos, slogans, programming, written materials, digital content, videos, photographs, graphics, training materials, and other intellectual property are owned by or licensed to the Club and may not be copied, reproduced, distributed, or exploited without prior written permission.

26. ADA and Accessibility; Reasonable Accommodations

The Club will make reasonable efforts to comply with applicable accessibility laws and to consider reasonable accommodation requests. Members seeking accommodations should contact members@eovita.club so the Club can engage in an appropriate process.

Nothing in this Agreement limits any nonwaivable rights under disability-access or anti-discrimination law.

27. Anti-Harassment; Non-Discrimination

The Club is committed to maintaining a respectful environment. Discrimination, harassment, retaliation, or threatening conduct based on protected characteristics or otherwise prohibited by law will not be tolerated.

Members should report concerns promptly to management at members@eovita.club. The Club may investigate and take corrective action in its discretion.

28. Facility Access; Hours; Closures; Maintenance

Club hours, staffing, and access methods may vary and may be changed at any time. The Club may close portions of the facility or the entire facility temporarily for cleaning, repairs, maintenance, private events, weather, emergencies, staffing shortages, legal compliance, or other operational reasons.

Temporary closures, equipment downtime, class substitutions, and similar interruptions do not necessarily entitle a Member to a refund, credit, or extension unless required by law or expressly provided in writing.

29. Force Majeure

The Club is not liable for delay, interruption, or failure to perform to the extent caused by events beyond its reasonable control, including acts of God, severe weather, natural disaster, epidemic, pandemic, governmental orders, labor disputes, supply shortages, utility failures, internet outages, civil disturbance, terrorism, war, or similar events.

If required by law, the Club will provide any mandated remedy in the event of prolonged inability to provide services.

30. Dispute Resolution; Venue; Governing Law

This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles.

Any dispute arising out of or relating to this Agreement or your use of the Club shall be brought in the state or federal courts located in San Diego County, California, unless a different forum is required by law.

31. Limitation of Liability

To the fullest extent permitted by law, the Released Parties will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to this Agreement, the Club, or any services, even if advised of the possibility of such damages.

To the fullest extent permitted by law, and except for claims that cannot be limited by law, the total aggregate liability of the Released Parties for any claim arising out of or relating to this Agreement will not exceed the amount paid by you to the Club in the 12 months preceding the event giving rise to the claim.

This Section does not limit liability for gross negligence, reckless conduct, willful misconduct, or other liability that cannot be limited under applicable law.

32. Notices

Any notice required under this Agreement may be given:

  1. To the Club, by personal delivery, first-class mail, or email to the addresses listed above.

  2. To you, by hand delivery, email, text message for operational notices where permitted, postal mail, posting in your member portal, or other reasonable method using the contact information on file.

You are responsible for keeping your contact information current.

33. Assignment

You may not assign or transfer your membership or rights under this Agreement except as expressly permitted by the Club in writing. The Club may assign this Agreement in connection with a sale of assets, merger, financing, restructuring, or transfer of the business.

34. Entire Agreement; Priority of Documents

This Agreement, together with your Membership Summary, Enrollment Form, signed waivers, service-specific consents, Privacy Policy, Club rules, and any schedules or addenda expressly incorporated by reference, constitutes the entire agreement between you and the Club regarding the subject matter herein.

If there is a conflict between this Agreement and a mandatory consumer notice or service-specific addendum, the more specific document will control to the extent of the conflict.

35. Amendments

The Club may update this Agreement from time to time. Material changes will be communicated as required by law. Your continued use of the Club after the effective date of an updated Agreement constitutes acceptance of the revised Agreement, except to the extent a separate signature or affirmative consent is required by law.

No oral statements by staff will modify this Agreement unless confirmed in a written amendment signed by an authorized representative of the Club.

36. Severability

If any provision of this Agreement is held unenforceable, invalid, or unlawful, that provision shall be enforced to the maximum extent permitted, and the remainder of the Agreement shall remain in full force and effect.

37. Electronic Signatures

Electronic signatures, electronic acknowledgments, and electronic delivery of documents shall have the same force and effect as original signatures and paper delivery to the extent permitted by law.

38. Contact Information

Questions regarding this Agreement should be directed to:

EO VITA
2868 Trails Lane, Carlsbad, CA 92008
members@eovita.club
N/A