Terms of Service

These Terms of Service ("Terms") are between you and MK Muscle Beach 10, LLC, doing business as Gold's Gym, which operates the Gold's Gym Destin club under franchise license from Gold's Gym International ("we," "us," or "our," also referred to as "Gold's Gym Destin").

Acceptance of Terms

By accessing or using goldsgymdestinfl.com (the "Site"), by submitting a form, by signing up for a free pass, or by opting in to our text or email messaging program, you confirm that you have read, understood, and agreed to these Terms and to our Privacy Policy. If you are using the Site on behalf of a household member or guest, you confirm you have the authority to accept these Terms for them. If you do not agree with any part of these Terms, you must stop using the Site.

Membership Agreements Are Separate

These Terms govern your use of the Site, our text and email messaging program, and other general business interactions through the Site. These Terms do not govern your Gold's Gym membership itself.

When you join Gold's Gym Destin, you sign a separate written membership agreement at the club. That signed membership agreement is the contract that governs your membership, including dues, billing, club access, services, cancellation, freeze rights, guest privileges, and any club rules.

If anything in these Terms appears to conflict with your signed membership agreement on membership matters, the signed membership agreement controls for those matters. These Terms still control for everything related to the Site and the messaging program.

Permitted Use of the Website

3.1 License

We grant you a personal, non-transferable, revocable license to access and use the Site for lawful personal purposes. You do not gain any ownership rights in the Site or its content by using it.

3.2 Prohibited Conduct

You agree not to do any of the following:

• Access the Site by any means other than the interfaces we provide
• Attempt to gain unauthorized access to any portion of the Site, any account, any server, or any system connected to the Site
• Scrape, harvest, or collect data from the Site by automated means
• Use bots, spiders, crawlers, or other automation tools on the Site
• Upload, send, or introduce any virus, malware, or harmful code
• Impersonate any person or entity, or misrepresent your identity or affiliation
• Interfere with or disrupt the Site, its servers, or other users' use of the Site
• Frame, mirror, or rehost the Site or any portion of it on another site
• Reverse engineer, decompile, or disassemble any portion of the Site
• Use the Site to send unsolicited communications or to violate any law

We may suspend or end your access to the Site at any time, with or without notice, if we believe you have violated these Terms.

Forms, Submissions & Eligibility

When you submit any form on the Site, including the free-pass form, the contact form, a career application, or any popup or sidebar form, you agree that:

• The information you provide is accurate, current, and complete
• You are at least 18 years old, or you are the parent or legal guardian giving consent for a minor enrolling in a youth program
• You authorize us to contact you using the phone number and email address you provided, through the channels you selected on the form

Each lead form includes a consent checkbox that covers text messages and/or marketing email. The checkbox is unchecked by default and is shown next to the disclosure language described in Section 5. Submitting the form with the box checked is your express written consent to be contacted through those channels. You may withdraw consent at any time by following the opt-out instructions in Section 5 (for text) or Section 6 (for email).

Text Messaging Program Terms

This Section 5, together with the consent checkbox shown at form submission and our Privacy Policy, constitutes the express written consent required by the Telephone Consumer Protection Act (TCPA), 47 USC §227, and by the implementing regulations of the Federal Communications Commission.

5.1 Program Name

Gold's Gym Destin SMS Messaging Program.

5.2 Program Description

An opt-in marketing and transactional text messaging program for prospects, members, and guests of Gold's Gym Destin, sent using a phone number assigned to the club.

5.3 Opt-In

You opt in by submitting a lead form on the Site with the consent checkbox checked. The checkbox is required, is not pre-checked, and appears next to disclosure text that names Gold's Gym Destin, describes the message types, states that message and data rates may apply, and confirms that consent is not a condition of purchase.

5.4 Types of Messages You May Receive

• Promotional offers, including free passes, limited-time pricing, and event invitations
• Class schedule reminders, appointment reminders, and tour confirmations
• Membership updates, account notices, and service announcements
• Responses to inquiries you submit through the Site or through reply texts

5.5 Message Frequency

Message frequency varies.

5.6 Carrier Disclaimer

Message and data rates may apply. Wireless carriers (T-Mobile, AT&T, Verizon, U.S. Cellular, and others) are not liable for delayed or undelivered messages.

5.7 Opt-Out

5.8 Help

Reply HELP to any text from us to receive a help message with our contact information. You can also call (850) 460-2000 or email [email protected] for help.

5.9 Re-Subscribing

If you previously opted out and want to opt back in, text START to the same number, or submit a new lead form with the consent checkbox checked.

5.10 Supported Carriers

All major United States carriers, including T-Mobile, AT&T, Verizon, and U.S. Cellular. Carriers are not liable for delayed or undelivered messages.

5.11 Cost

Standard message and data rates from your wireless carrier may apply. We do not charge you for the messages themselves.

5.12 Consent Is Not a Condition of Purchase

You can join Gold's Gym Destin and use any of our services without consenting to text messages. Declining to opt in will not affect your eligibility for membership, pricing, services, or any offer.

5.13 Privacy

Phone numbers, consent records, opt-in timestamps, and message history are handled as described in our Privacy Policy. We do not sell phone numbers or share them with third parties for their own marketing.

Email Communications

We send marketing email only to people who have opted in through a Site form. Every marketing email includes clear identification of the sender, a working unsubscribe link, and a valid physical mailing address. We comply with the CAN-SPAM Act of 2003, 15 USC §7701 and following. You can unsubscribe at any time by clicking the unsubscribe link in any email, by replying to ask to be removed, or by emailing [email protected].

Transactional emails about your account, your free pass, your appointment, or a request you submitted may continue after you unsubscribe from marketing. You can ask us to stop transactional email by contacting us, with the understanding that this may limit our ability to deliver the service you requested.

Intellectual Property

7.1 Site Content

All content on the Site, including text, graphics, photos, videos, layouts, designs, logos, icons, and software, is owned by MK Muscle Beach 10, LLC, by Gold's Gym International, or by our licensors, and is protected by United States and international copyright, trademark, and other intellectual property laws. You may view the Site and print or download pages for your personal, non-commercial use. You may not copy, modify, distribute, sell, republish, or create derivative works from any Site content without our prior written permission.

7.2 Gold's Gym Trademarks

The Gold's Gym name and logo are registered trademarks of Gold's Gym International. We use these marks under franchise license from Gold's Gym International. All rights in those marks belong to Gold's Gym International.

7.3 Reservation of Rights

All rights not expressly granted in these Terms are reserved by MK Muscle Beach 10, LLC, by Gold's Gym International, or by our licensors.

User Submissions

If you send us feedback, suggestions, reviews, comments, photos, videos, or any other content through the Site, through email, or through our social media channels (each a "Submission"), the following apply: your Submission is non-confidential and non-proprietary; you grant us and our affiliates a perpetual, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish, display, and distribute the Submission for any purpose, including marketing; you represent that you own or have the right to submit the content, and that the Submission does not violate the rights of any third party or any law; and we are under no obligation to use, credit, or compensate you for any Submission. If you do not want to grant us these rights, please do not submit content to us.

Third-Party Links & Services

The Site may link to third-party websites or services that we do not own or control, including career application platforms, social media platforms, payment processors, mapping services, and analytics providers. We provide these links for convenience. We are not responsible for the content, terms, privacy practices, or availability of any third-party site or service. Your use of any third-party site or service is governed by that third party's own terms and privacy policy. You access them at your own risk.

Disclaimers

The Site and all content on it are provided "as is" and "as available," without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

Information on the Site is provided for general informational purposes only. It is not medical advice, nutritional advice, or personalized fitness advice. Consult a qualified medical or fitness professional before starting any exercise program, changing your diet, or acting on any health or fitness information you read on the Site. You are responsible for your own training decisions. To the maximum extent permitted by law, we are not liable for any injury, loss, or damage that results from reliance on Site content.

Limitation of Liability

To the maximum extent permitted by law, in no event will MK Muscle Beach 10, LLC, Gold's Gym International, our officers, directors, employees, contractors, agents, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for lost profits, lost revenue, lost data, business interruption, or loss of goodwill, arising out of or related to your use of the Site or these Terms, even if we have been advised of the possibility of such damages.

In any event, our total cumulative liability to you for all claims arising out of or related to the Site or these Terms is limited to one hundred dollars ($100.00). This limitation does not apply to claims for statutory damages under federal or state law where such limitation would be unenforceable, including without limitation claims under the Telephone Consumer Protection Act. Some jurisdictions do not allow the limitation or exclusion of certain damages. In those jurisdictions, our liability is limited to the smallest amount permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless MK Muscle Beach 10, LLC, Gold's Gym International, and our officers, directors, employees, contractors, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site; your violation of these Terms; your violation of any law or the rights of any third party; or any content you submit to us. We may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of any such claim.

Governing Law & Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Except for disputes resolved by arbitration under Section 14, any lawsuit arising out of or related to these Terms or your use of the Site must be brought exclusively in the state or federal courts located in Okaloosa County, Florida. You consent to the personal jurisdiction of those courts and waive any objection to venue in those courts.

Arbitration & Class Action Waiver

14.1 Agreement to Arbitrate

Except as set out below, you and MK Muscle Beach 10, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our text or email messaging program will be resolved by binding individual arbitration, and not in a court of law.

14.2 Arbitration Administrator and Rules

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at adr.org. The arbitrator's decision will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

You and MK Muscle Beach 10, LLC each agree to bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.4 Exceptions

This Section 14 does not apply to disputes about your signed club membership agreement, which are governed by that agreement; small claims court actions, if the claim qualifies and stays in small claims court; or claims for injunctive or equitable relief to protect intellectual property rights.

14.5 30-Day Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, send a written notice to [email protected] within 30 days of the date you first accepted these Terms. Your notice must include your full name, your mailing address, the phone number or email you used on our forms, and a clear statement that you want to opt out of the arbitration agreement. If you opt out within 30 days, this Section 14 will not apply to you. Opting out of arbitration will not affect any other part of these Terms.

14.6 Severability Within This Section

If the class action waiver in Section 14.3 is found unenforceable for any reason, the rest of Section 14 will also be unenforceable, and the dispute will proceed in court under Section 13.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any signed club membership agreement, constitute the entire agreement between you and MK Muscle Beach 10, LLC regarding the Site and the messaging program. These Terms supersede any prior agreement or understanding on those subjects.

Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated version on the Site and update the "Last updated" date at the top. If the changes are material, we may also provide notice by email or by a banner on the Site. Your continued use of the Site after the updated Terms are posted means you accept the updated Terms. If you do not agree to the updated Terms, stop using the Site.

Contact Us

For questions about these Terms, the Site, or our text and email messaging program, contact us:

Gold's Gym Destin (MK Muscle Beach 10, LLC)
34990 Emerald Coast Pkwy, Destin, FL 32541
Phone: (850) 460-2000
Email: [email protected]

Operating Entity

These Terms of Service apply to and are enforceable by the entity that operates the Gold's Gym Destin club under franchise license from Gold's Gym International:

The Gold's Gym name and logo are registered trademarks of Gold's Gym International and are used under franchise license.