Welcome to Power in Motion ("we," "us," or "our"), a fitness gym located in Columbus, Ohio, dedicated to providing functional training, group classes, and a supportive community environment for our members. These Terms of Service ("Terms") govern your use of our services, including our website (thepowerinmotion.com), in-person gym facilities, and any related programs or communications offered by Power in Motion. By accessing or using our services, you ("you" or "user") agree to be bound by these Terms. These Terms apply to all end users, who are primarily residents of Ohio. If you do not agree with these Terms, please do not use our services.

These Terms comply with applicable Ohio and U.S. federal laws. They outline your rights and responsibilities as a user, as well as our commitments to you. Please read them carefully.

Power in Motion
Attn: Alex Powers
5576 N. Hamilton Road
Columbus, OH 43230
Email: info@thepowerinmotion.com
Phone: 614-623-0814

Our services are available only to individuals who are at least 18 years old or, if under 18, have parental or guardian consent and supervision. By using our services, you represent that you meet these eligibility requirements. We reserve the right to refuse service to anyone who does not meet these criteria or violates these Terms.

Power in Motion provides fitness-related services, including access to our gym facilities, group classes, personal training sessions, and online content through our website. You agree to use our services solely for lawful purposes and in accordance with these Terms. Specifically, you agree:

• To provide accurate and truthful information when interacting with our services (e.g., when completing forms or participating in programs).
• Not to engage in any activity that disrupts, damages, or interferes with our facilities, website, or other users' experiences.
• Not to use our services for unauthorized commercial purposes, such as soliciting others without permission.
• To comply with all posted gym rules, safety guidelines, and instructions from our staff during in-person activities.

We reserve the right to suspend or terminate your access to our services if you violate these Terms or engage in conduct we deem harmful to our community or operations.

All content provided by Power in Motion, including but not limited to website text, logos, images, workout plans, videos, and promotional materials, is our property or licensed to us and protected by U.S. copyright and trademark laws. You may not copy, reproduce, distribute, modify, or create derivative works from our content without prior written consent. You may use our materials for personal, non-commercial purposes related to your participation in our services (e.g., following a workout plan provided to you).

If you submit content to us (e.g., feedback, testimonials, or photos), you grant Power in Motion a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content for promotional or operational purposes, unless otherwise agreed. We will seek your consent before using identifiable content (e.g., your photo in marketing).

To ensure a safe and welcoming environment, you agree to:

• Follow all gym safety protocols, including proper use of equipment and adherence to staff instructions.
• Treat other members, staff, and visitors with respect, refraining from harassment, discrimination, or disruptive behavior.
• Report any unsafe conditions or incidents to our staff immediately.
• Assume responsibility for your personal health and fitness level, consulting a physician before participating in physical activities if necessary.

Power in Motion is not liable for injuries or damages resulting from improper use of equipment, failure to follow instructions, or pre-existing health conditions, except where caused by our gross negligence or willful misconduct.

Your privacy is important to us. Our collection, use, and protection of your personal information are governed by our Privacy Policy, available at https://thepowerinmotion.com/privacy. By using our services, you consent to the practices described therein. For Ohio residents, we provide rights to access, correct, or delete your data, and we comply with A2P 10DLC guidelines for SMS communications, ensuring explicit consent for messaging.

We reserve the right to modify, suspend, or discontinue any part of our services (e.g., class schedules, facility hours, or website features) at our discretion, with or without notice. We will make reasonable efforts to inform you of significant changes via email, website announcements, or in-person notices. Power in Motion is not liable for any inconvenience or loss resulting from such changes, except as required by Ohio law.

We may terminate or suspend your access to our services at any time, with or without cause, including for violation of these Terms, disruptive behavior, or failure to comply with gym rules. Upon termination, your right to use our services ceases immediately. You may terminate your use of our services at any time by discontinuing participation and notifying us at info@thepowerinmotion.com.

To the fullest extent permitted by Ohio law, Power in Motion, its owners, employees, and affiliates are not liable for any indirect, incidental, consequential, or punitive damages arising from your use of our services, including but not limited to injuries, property damage, or loss of data. Our total liability for any claim shall not exceed the amount you paid for the specific service giving rise to the claim, if applicable. You agree to use our services at your own risk, acknowledging the inherent risks of physical activity.

You agree to indemnify and hold harmless Power in Motion, its owners, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your misuse of our services, violation of these Terms, or infringement of third-party rights.

These Terms are governed by the laws of the State of Ohio and applicable U.S. federal law, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Franklin County, Ohio. You agree to submit to the jurisdiction of these courts. Before pursuing legal action, we encourage you to contact us to resolve disputes informally.

We may update these Terms to reflect changes in our services or legal requirements. We will notify you of material changes via email, website posting, or in-person notice at least 30 days before they take effect, unless required sooner by law. Your continued use of our services after the effective date constitutes acceptance of the updated Terms.

• Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Power in Motion regarding our services, superseding any prior agreements.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
• No Waiver: Our failure to enforce any part of these Terms does not constitute a waiver of our rights.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to a successor in the event of a merger or sale.

For questions about these Terms or our services, please contact:

Power in Motion
Attn: Alex Powers
5576 N. Hamilton Road
Columbus, OH 43230
Email: info@thepowerinmotion.com
Phone: 614-623-0814

Disclaimer: This Terms of Service is provided for informational purposes and is not legal advice. We recommend consulting an attorney to ensure it meets your specific needs, especially for compliance with Ohio laws and A2P 10DLC guidelines.