Text Messaging Program Terms and Conditions (SMS, MMS & RCS)
FITNESS SF’s Text Messaging Program (the “Text Program”) is operated by FITNESS SF and its affiliates and subsidiaries (collectively, “FITNESS SF,” “we,” “us,” or “our”). The Text Program includes messages delivered by short message service (SMS), multimedia messaging service (MMS), and Rich Communication Services (RCS). These Text Messaging Program Terms and Conditions (the “Text Program Terms”) govern your participation in the Text Program. Our Terms of Service and Privacy Policy also apply to your use of the Text Program and are incorporated by reference. These Text Program Terms are in addition to, and not in lieu of, those documents.
By enrolling in or participating in the Text Program, you agree to these Text Program Terms and you provide your express consent to receive recurring SMS, MMS, and RCS messages from FITNESS SF at the mobile number you provide, including messages sent using automated technology. Consent to receive these messages is not a condition of purchasing any goods or services from FITNESS SF. If you do not agree to these Text Program Terms, do not enroll, and follow the opt-out instructions below to stop messages.
These Terms May Change
We may amend these Text Program Terms, and may modify, suspend, or cancel the Text Program or any of its features, at any time. If we make material changes, we will provide notice as required by applicable law. Your continued participation in the Text Program after changes take effect constitutes your acceptance of the updated Text Program Terms.
Text Program Basics
If you opt in, FITNESS SF may send you two types of text messages:
- Marketing messages — promotions, offers, events, classes, programs, and other news about FITNESS SF memberships, products, and services. These are sent from (415) 408-5996.
- Transactional messages — booking and appointment reminders, payment and billing notifications, account and membership updates, club closures or access changes, and other service or account-related information. These are sent from (415) 554-8588.
Messages may be delivered using SMS, MMS, or RCS technology, and may be sent using an automated system that selects and dials numbers. Messages may include interactive (two-way) communication that allows you to exchange information with FITNESS SF. The specific content, type, and frequency of messages depends on the programs you enroll in and your account activity.
Rich Communication Services (RCS)
Some messages may be delivered through Rich Communication Services (RCS), an enhanced messaging channel supported on certain devices and carriers. When messages are delivered via RCS, they may appear from a verified, branded FITNESS SF sender and may include richer content than standard SMS, such as images, formatted text, carousels, and suggested replies or action buttons. RCS also supports delivery and read receipts and typing indicators, which means FITNESS SF may be able to see when a message has been delivered to or read on your device.
RCS requires an RCS-capable device with RCS enabled and an active mobile data or Wi-Fi connection. If RCS is not available on your device, carrier, or network at the time a message is sent, the message may instead be delivered as a standard SMS or MMS message. The same consent, opt-out, and help instructions in these Text Program Terms apply to all messages, whether delivered by SMS, MMS, or RCS.
Opting In and Consent
You may enroll in the Text Program by providing your mobile number and opting in through the FITNESS SF Preference Center (under Communication Preferences) or another FITNESS SF opt-in point that displays these Text Program Terms. You may be asked to confirm your enrollment, for example by replying to an initial confirmation text we send to your mobile number.
By opting in, you represent that the information you provide is accurate and that you consent to receive recurring automated marketing and/or transactional text messages from FITNESS SF at the mobile number you provide, even if that number is listed on a federal or state do-not-call registry. Your consent is not a condition of purchasing any goods or services from FITNESS SF.
Eligibility and Valid Mobile Number
You must be at least 18 years of age, or have the permission of a parent or legal guardian, to enroll in the Text Program. You represent that you are the account holder, subscriber, or customary user of the mobile number you enroll, and that you are authorized to consent to receive messages at that number.
You must provide a valid mobile number. If you change or deactivate your mobile number, you agree to opt out of the Text Program before the change and to update your contact information with FITNESS SF, so that messages intended for you are not sent to someone who later holds that number.
Message Frequency and Costs
Message frequency varies based on your activity, the programs you enroll in, and your interactions with FITNESS SF. FITNESS SF does not charge a fee to participate in the Text Program, but message and data rates may apply, and you are responsible for any charges or fees imposed by your mobile carrier. SMS and MMS messages may count against your messaging plan, and RCS messages use your mobile data or Wi-Fi connection, so data rates may apply. Check your mobile plan for details. We send marketing messages only during reasonable hours.
Cancellation / Opting Out (Reply STOP)
You can cancel at any time by replying STOP (or UNSUBSCRIBE, UNSUB, QUIT, END, or CANCEL) to any message from FITNESS SF, whether delivered by SMS, MMS, or RCS. You may also update your preferences by logging into your FITNESS SF member account and adjusting your Communication Preferences. After you opt out, we will send a one-time confirmation text, and you will stop receiving messages from the program associated with that number. You may continue to receive messages from any other FITNESS SF text program you have not opted out of; to stop those, reply STOP to a message from that number. We honor opt-out requests promptly.
Help (Reply HELP)
For help with the Text Program, reply HELP to any text message from FITNESS SF, call us at (415) 348-6377, or visit fitnesssf.com/contact. Replying HELP will not opt you out of the Text Program; to stop messages, follow the opt-out instructions above.
Your Privacy and Your Mobile Information
We respect your privacy. No mobile information — including your mobile phone number and your SMS opt-in or consent — will be sold, rented, or shared with third parties or affiliates for their own marketing or promotional purposes. We may share your information with service providers who help us operate the Text Program (such as messaging platform and carrier partners), solely to deliver messages you have requested and consistent with our Privacy Policy.
FITNESS SF is subject to the California Consumer Privacy Act (CCPA), as amended. For details about the personal information we collect, how we use it, and the privacy rights available to California residents — including the right to know, delete, correct, and opt out of certain sharing — please review our Privacy Policy.
Participating Carriers
The Text Program may not be available on, or compatible with, all mobile carriers or devices, and message content may not be viewable on every carrier. RCS availability and features depend on your device, carrier, and network, and messages may be delivered as SMS or MMS where RCS is unavailable. Carriers are not liable for delayed or undelivered messages. FITNESS SF is not liable for any delays, failures, or errors in the transmission or delivery of messages, which depend on factors outside our control.
Arbitration
Our Terms of Service include an Arbitration Agreement that governs disputes between you and FITNESS SF. Subject to limited exceptions described in the Terms of Service, that Arbitration Agreement may, to the extent permitted by law: (a) eliminate your right to a trial by jury; and (b) substantially affect your rights, including by limiting your ability to bring, join, or participate in class or consolidated proceedings. By participating in the Text Program, you accept and agree to be bound by the Arbitration Agreement, which is incorporated by reference, except as otherwise restricted by applicable law.
Indemnification
In addition to any other indemnification obligations in the Terms of Service, you agree to indemnify, defend, and hold harmless FITNESS SF and its owners, directors, officers, agents, and employees from any loss, liability, claim, demand, damage, or cost, including reasonable attorneys’ fees, made by any third party arising out of your use of the Text Program or your provision of a mobile number that is not your own or for which you are not an authorized account holder or user.
Limitation on Liability
IN ADDITION TO ANY LIMITATIONS ON OUR LIABILITY SET FORTH IN THE TERMS OF SERVICE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FITNESS SF IS NOT RESPONSIBLE OR LIABLE FOR ANY FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH THE TEXT PROGRAM, FOR ANY ERRORS IN SUCH INFORMATION, OR FOR ANY ACTION YOU TAKE OR FAIL TO TAKE IN RELIANCE ON THE TEXT PROGRAM OR ITS MESSAGES.
Contact Us
FITNESS SF — Jackovics Enterprises, Inc., 200 Nellen Ave., Suite #205, Corte Madera, CA 94925. Phone: (415) 348-6377. Web: fitnesssf.com/contact.
I hereby release and agree to hold FITNESS SF and any related entity harmless from and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses, and compensation for damage or loss to myself and/or property that any act may cause, or failure to act from FITNESS SF or associated entity, or that may otherwise arise in any way in connection with any services received from FITNESS SF or any associated entity. I understand that this release discharges FITNESS SF or any associated entity from any liability or claim that I, my heirs, or any personal representatives may have against FITNESS SF with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from FITNESS SF or any associated entity. This liability waiver and release extends to the gym and all owners, partners, and employees.
Weight training and related exercise activities are inherently dangerous in which participants and other individuals are at constant risk. I hereby, upon signing this waiver, relieve FITNESS SF of any liability to injury or harm that may result from the usage of equipment and facilities. I understand I am using the equipment and facilities at my own risk and will assume all responsibilities and claims to injury or harm. I agree I am at least 18 years old or 14 years old with a parent/guardian written authorization to use the facilities.
LIABILITY FOR PROPERTY
The Gym is not liable to you or your guest for articles, including automobiles or their contents, that are damaged, lost, or stolen while in or about the Gym premises, including parking lots. If you or your guest(s) cause any damage to the Gym facilities, you are liable to the Gym for the cost of repair or replacement. FITNESS SF HIGHLY RECOMMENDS THAT YOU DO NOT BRING ANY VALUABLES INTO THE GYM. DO NOT LEAVE VALUABLES IN THE LOCKER ROOM.
GYM CLOSURE
The entire Gym may be temporarily closed for holidays and/or for maintenance purposes without extensions, credits, or refunds to your membership. Should the facilities be unavailable for use at any other time due to damage by acts of God, catastrophe, accident, or other reasons beyond the control of the Gym, the membership term will be extended for a period equal to the time of such unavailability. Specific areas may be closed for maintenance or remodeling purposes from time to time without extensions or compensation to your membership.
THE GENERAL RULES
I agree to abide by all rules and regulations of FITNESS SF as they appear in this Agreement, whether now in effect or to become effective at a future date. All signs posted in the gym or on the premises shall be considered a part of the rules and regulations.
I must check in at the Front Desk upon arrival or after returning to the Gym by using the FITNESS SF app, Member Portal, or by presenting a valid photo ID each time upon entry.
I am expected to leave the premises by closing time.
No loud or abusive language is permitted.
No aggressive behavior is allowed. Clothing with abusive language, images, or graphics is also prohibited.
No alcohol, smoking, vaping, or drugs are allowed on the premises.
No sale, distribution, or promotion of prescription or non-prescription drugs.
No personal notice, advertising, or other literature, either posted or on clothing for distribution, is allowed.
No adjustments to the television, radios, heater, air conditioner, fans or other equipment.
I must wipe down equipment after use and re-rack their weights.
Cups, papers, bottles, and trash must be disposed of in the proper receptacles provided.
Excessive smells are not allowed. Body odor, perfume, etc.
Children under 14 are not allowed in the Gym.
Adhere to posted time limits on cardio equipment, massage, and accessory devices, such as massage chairs, beds, and Normatec boots. Cardio Equipment has a 30-minute time limit.
Cell phone use must be non-disruptive to other members. Cell phones or other photographic or video recording devices are not allowed to be used in the locker room.
Members and Guests are not allowed to train or give instruction to other members.
Anyone using FITNESS SF facilities or present on FITNESS SF premises must identify themselves upon request by staff.
No inappropriate behavior is allowed, which may result in immediate termination without a refund.
Profile Photos are required from all members.
Checking in is required with the FITNESS SF App or by showing your ID each time you enter the gym.
Personal audio or video devices must be played privately through headphones.
No loitering in locker rooms.
UNAUTHORIZED PERSONAL TRAINING & COACHING POLICY
Members and Guests are strictly prohibited from providing or receiving personal training or instruction from non-FITNESS SF trainers anywhere on FITNESS SF premises, including but not limited to facilities, parking areas, and other property. This includes Members or Guests providing instruction, coaching, or training to other members. The prohibition also extends to virtual or remote training conducted via any electronic device while on FITNESS SF premises. FITNESS SF reserves the right to suspend or terminate membership for violations of this policy.
VIDEO SURVEILLANCE
FITNESS SF utilizes video surveillance throughout its facilities and premises for the safety and security of our members, guests, and staff. By entering any FITNESS SF location or being present on its premises, you acknowledge and consent to being recorded. Video surveillance is used for security, safety, and operational purposes and may be reviewed or disclosed as permitted or required by law.
FLOOR RULES
I must wear appropriate exercise wear and clean athletic shoes.
Swimsuits, underwear, open-toed shoes, street clothes, offensive attire, and jeans are not allowed.
No food or drinks are allowed on the exercise floor.
No hard or black-soled exercise shoes are allowed on the group exercise floor.
Members and Guests must replace all free weights on appropriate racks after use.
Free weights are to be lowered carefully to the floor upon completion of the exercise.
Abuse of any equipment will not be tolerated. Machines or bars may not be overloaded.
Members and Guests must use safety belts and/or stops whenever they are provided with any exercise equipment.
POLICY ON PERSONAL FILMING & PHOTOGRAPHY IN THE FACILITY
Purpose:
This policy ensures a comfortable, safe, and respectful environment for all members, guests, and staff. It provides clear guidelines for those who wish to record themselves during their workouts while maintaining the privacy of others, minimizing disruptions, and keeping shared spaces safe and accessible.
Scope:
This policy applies to all members, guests, visitors, and anyone else present within the gym facilities who wish to use photographic or video recording devices, including smartphones, cameras, and tripods.
Guidelines:
1. No Filming of Other Members or Guests:
Personal filming is strictly limited to capturing yourself only. Under no circumstances should other members, guests, or staff be included in your footage.
If anyone is inadvertently captured in your recording, you must delete or edit the footage to remove them promptly.
2. Use of Equipment and Set-Up:
Tripod stands, and other camera supports are permitted only if they do not obstruct walkways, emergency exits, exercise areas, or equipment usage.
Your setup must not create a tripping hazard or limit other members’ access to gym facilities.
3. Time and Location Restrictions:
Keep recording sessions concise. Do not monopolize equipment or space if others are waiting.
Choose camera angles and filming spots that minimize the possibility of accidentally including others in the background.
4. Respect and Consideration:
Be aware of your surroundings. If your filming is causing discomfort or impeding another member’s workout, you must stop or move to another area.
If a Member, Guests, or Staff Member requests that you adjust your filming to ensure no one else is captured, you must comply immediately.
5. No Commercial Filming Without Approval:
Commercial or professional filming for paid content or brand endorsements requires prior written approval from gym management.
6. Enforcement and Compliance:
Gym staff has the authority to ask you to stop filming, reposition your equipment, or remove it altogether if they believe it compromises the safety, privacy, or comfort of other Members or Guests.
Failure to comply with this policy may result in loss of filming privileges, suspension, or termination of membership, as determined by the gym’s standard disciplinary procedures.By entering the facility, members and guests acknowledge and agree to abide by this policy. Non-compliance may result in immediate corrective action as described above.
LOCKER RULES
Items may never be stored in day-use lockers overnight. THE GYM WILL OPEN LOCKERS AND DONATE ANY CONTENT TO CHARITY. Storage lockers can be rented at select locations, subject to availability. DO NOT LEAVE VALUABLES IN LOCKERS OR VEHICLES.
PETS
Pets are not allowed in any FITNESS SF facilities except for well-trained and sociable dogs in designated areas at certain locations; see location for details. Dogs will not be actively monitored and are the sole responsibility of their owner. Owners are responsible for cleaning up after their dogs. As defined by applicable laws, service dogs are permitted throughout the facilities.
PARKING
Complimentary parking is not available at all locations at all times. FITNESS SF is not responsible for lost or stolen items in your vehicle. Parking is limited to a maximum of 2 hours per day while using the gym and is subject to location-specific policies and changes. All Members and Guests must register their vehicle and prominently display a FITNESS SF parking sticker on their vehicle if they wish to use FITNESS SF parking spaces.
ARBITRATION OF DISPUTES
IF THERE IS A DISPUTE OVER A MINIMUM OF $1000 BETWEEN THE GYM AND THE MEMBER OR GUEST, BOTH PARTIES AGREE TO SUBMIT THE DISPUTE TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION AT ITS OFFICE NEAREST TO THE GYM JOINED. THE ARBITRATION WILL BE CONDUCTED UNDER THE ASSOCIATIONS COMMERCIAL RULES OF ARBITRATION. THIS MEANS THAT NEITHER THE MEMBER, OR GUEST, NOR THE GYM CAN SUE ONE ANOTHER IN COURT OVER SUCH DISPUTES. THE MEMBER, OR GUEST, AND THE GYM AGREE TO HAVE A NEUTRAL ARBITRATOR DECIDE DISPUTES, NOT A JURY OR A JUDGE. EACH PARTY AGREES TO WAIVE THE RIGHT TO A JURY TRIAL AND TO APPELLATE REVIEW. THE ARBITRATOR MAY CONTINUE IN THE MEMBER OR GUEST’S ABSENCE IF, AFTER DUE NOTICE, THE MEMBER OR GUEST FAILS TO APPEAR. THE DISPUTE WILL COVER ANY ASPECT ARISING FROM OR RELATING TO THE MEMBERSHIP AND THIS AGREEMENT, WHICH INCLUDES WITHOUT LIMITATION, FINANCIAL OBLIGATIONS, FACILITIES, REPRESENTATIONS AND INJURIES.
Disclaimers
All the information on the Services is published in good faith and for general information purposes only. We do not make any warranties about the completeness, reliability, and accuracy of this information. Any action you take upon the information found through our Services is strictly at your own risk, and we will not be liable for any losses and damages in connection with the use of our Services.
You must promptly notify us if your username or password is lost, stolen, or used without permission. Through our Services, you can visit other websites by following hyperlinks to these sites.
While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites, and the links to other websites do not imply a recommendation for all the content found on these sites. You can verify that your contact information is accurate, complete, and current and modify your privacy preferences (including opting out of receiving certain types of communications) by logging in to your account and going to your account preferences page. For other personal information, we will use commercially reasonable efforts to provide you with access so you can request that we correct data that is inaccurate or delete data if we are not required to retain it by law or for legitimate business purposes. We may decline to process requests that we deem unreasonable, repetitive, require technical modifications, jeopardize the privacy of others, are impractical, or for which access is not otherwise required by applicable law.
Please also be aware that when you leave our website, other sites may have different privacy policies and terms, which are beyond our control. This Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond our control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This Policy only applies to information collected through the Services. This Policy does not apply to any information we may collect from you in any place other than the Services.
Weight training and related exercise activities are inherently dangerous activities in which participants and other individuals are at constant risk. I hereby, upon signing this waiver, relieve FITNESS SF of any liability to injury or harm which may result from usage of equipment and facilities. I understand that I am using the equipment and facilities at my own risk, and will assume all responsibilities and claims to injury or harm. I agree I am at least 18 years old or 14 years old with a parent/guardian written authorization to use the facilities.