TRAINCND

Legal

Gym Customer Agreement

Version 1.0Effective: Not yet in effectLast updated: 2026-10-31DRAFT
This document is a draft. It has not been reviewed by legal counsel, is not in effect, and does not bind anyone. Final language will be published after attorney review.

DRAFT — NOT IN EFFECT. Written for TRAINCND and awaiting counsel's review [ATTORNEY REVIEW REQUIRED]. Brackets mark choices for counsel [COUNSEL] or facts to confirm [CONFIRM].

This Gym Customer Agreement (the "Agreement") is between JR Strength and Fitness LLC, an Oregon limited liability company doing business as TRAINCND ("TRAINCND," "we," "us"), and the business that creates a TRAINCND workspace (the "Gym," "you"). The person who accepts it confirms they are authorized to bind the Gym.

1.1 TRAINCND provides an online coaching platform: a coach portal for the Gym's staff, a member app for the Gym's athletes under the Gym's name and brand, and related tools (programming, session logging, check-ins, testing results, messaging, forms and signing, optional payments) (the "Service").

1.2 Plans, prices, seat limits and features are those shown at signup or in the Gym's billing settings. We may improve or change features; we will not materially reduce the core features of a paid plan during a paid term without notice.

2.1 The Gym is responsible for the staff and athletes it invites, for what they do in its workspace, and for keeping its administrator credentials secure.

2.2 The Gym decides who gets a login. Athletes under 13 must not be given a login; the Gym may keep their records as coach-managed records. Athletes aged 13 to 17 may be given a login only with the consent of a parent or legal guardian, collected as set out in section 5. [COUNSEL: age floor and consent method]

2.3 Seat limits apply to staff and to athletes as shown on the plan. If the Gym exceeds them we may ask it to move to a larger plan.

3.1 Subscriptions renew automatically each month or year until cancelled. A trial, if offered, converts to a paid plan at its end unless cancelled before then. Discounts and free pilots apply only as stated in the code or written offer.

3.2 Fees are charged in advance through our payment processor (Stripe) to the payment method on file. Fees are non-refundable except where required by law or stated in writing. [COUNSEL: refunds]

3.3 If a payment fails we may give a grace period and then limit the workspace to its billing page until payment is made. Athlete data is not deleted during that time.

3.4 Prices exclude taxes; the Gym pays any taxes that apply to its subscription.

4.1 Ownership. As between the parties, the Gym owns the data it and its athletes put into its workspace ("Gym Data"), including athlete records, programs and signed forms.

4.2 Our role. We process Gym Data on the Gym's behalf and on its instructions, to provide and support the Service, keep it secure and improve it. We do not sell Gym Data or use it to advertise to athletes. [COUNSEL: whether a separate Data Processing Addendum is attached]

4.3 Athletes' own accounts. Where an athlete signs in, we also act directly toward that athlete under the Athlete Terms of Use and Privacy Policy (for example to keep their account secure and honor their rights requests).

4.4 Export and deletion. The Gym can export its records at any time. After cancellation we keep Gym Data for [CONFIRM: 30] days so the Gym can export it, then delete it, except copies we must keep by law or in backups that age out on their normal schedule.

4.5 Security. We use reasonable administrative, technical and physical safeguards, and will notify the Gym without undue delay of a security incident affecting its data.

4.6 Sub-processors. We use service providers to host and run the Service (listed in the Privacy Policy) and remain responsible for them.

5.1 The Gym is responsible for its relationship with its athletes, including its own client agreement, liability waiver, coaching standards and any professional licensing.

5.2 For any athlete under 18, the Gym will obtain and keep the consent of a parent or legal guardian before collecting the athlete's data and before inviting an athlete aged 13 to 17 to sign in. The Service lets a parent or guardian sign the Gym's consent form in the app or by link; the Gym remains responsible for obtaining it. [COUNSEL]

5.3 The Gym will give its athletes any notices the law requires about the data it collects, and will not upload data it has no right to share.

5.4 Health information collected through intake and check-ins is collected for the Gym's coaching. The Gym will use it only for that purpose and handle it as the law requires.

If the Gym connects its own Stripe account to take payments from athletes, the Gym is the seller of everything it sells. TRAINCND is not a party to those sales, does not hold the funds, and takes no platform fee unless a written plan says otherwise. Stripe's terms govern the Gym's Stripe account. Refunds, disputes and taxes on those sales are the Gym's.

The Gym will not use the Service to break the law, to harm or harass anyone, to infringe others' rights, to attempt to access other workspaces or our systems, or to resell the Service without our consent.

8. Brand and content

8.1 The Gym keeps all rights in its name, logo and content and lets us use them to provide the Service under its brand.

8.2 We keep all rights in the Service, its software and our exercise library. The Gym gets a non-exclusive, non-transferable right to use them during its subscription.

8.3 Unless the Gym is on a White Label plan or opts out, we may name the Gym as a customer. [CONFIRM]

The Service supports coaching. It does not diagnose, treat or give medical advice, and AI-assisted drafts are reviewed by the Gym's coaches before reaching athletes. The Gym is responsible for the training it prescribes.

The Agreement runs while the Gym has a workspace. The Gym may cancel at any time in its billing portal; cancellation takes effect at the end of the paid period. We may suspend or end a workspace for non-payment or a serious breach, with notice where reasonable.

11.1 The Service is provided "as is" and "as available," without warranties except those that cannot be excluded by law.

11.2 Neither party is liable for indirect, incidental, special or consequential damages, or lost profits.

11.3 Each party's total liability under this Agreement is limited to the fees the Gym paid in the 12 months before the claim. [COUNSEL]

11.4 The Gym will defend and indemnify TRAINCND against third-party claims arising from the Gym's coaching, its relationship with its athletes, its sales, or its breach of section 5.

Oregon law governs this Agreement, and disputes go to the state or federal courts in Oregon. [COUNSEL: arbitration] We may update this Agreement with 30 days' notice for material changes. Notices to TRAINCND go to [CONFIRM: legal contact email] and JR Strength and Fitness LLC, 5441 S Macadam Ave, Suite 6590, Portland, Oregon 97239. This Agreement, the Privacy Policy and any order form are the entire agreement.