Terms of Service
Effective Date: [Insert date] • HPC South Florida LLC d/b/a EMBR
These Terms of Service (“Terms”) govern your access to and use of the website located at https://www.embrtrainingzone.com (the “Site”) and the services, memberships, classes, and products offered by HPC South Florida LLC, doing business as EMBR (“EMBR,” “we,” “us,” or “our”). By accessing the Site, creating an account, purchasing a membership or product, or booking a class, you agree to be bound by these Terms. If you do not agree, do not use the Site or our services.
1. About Us
EMBR is a HYROX training facility operated by HPC South Florida LLC, a Florida limited liability company. Our mailing address, contact email, and phone number are provided in the “Contact Us” section below.
2. Eligibility
You must be at least 18 years of age to create an account, purchase a membership, buy products, or otherwise enter into these Terms. Individuals under 18 may only use our services and facility with the consent and supervision of a parent or legal guardian who agrees to these Terms on their behalf and executes any required waiver.
3. Accounts and Registration
Certain features — including membership management, class booking, and online purchases — require an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us immediately of any unauthorized use.
4. Memberships and Billing
Memberships are offered on the terms and pricing presented at the point of sale. By purchasing a recurring membership, you authorize us and our payment processor to charge your payment method on a recurring basis (e.g., monthly) until the membership is cancelled in accordance with these Terms.
• Auto-renewal: Recurring memberships automatically renew for successive billing periods unless cancelled before the next billing date.
• Cancellation: You may cancel as described in your membership agreement.
• Freezes/holds: You may freeze/hold as described in your membership agreement.
• Price changes: We may change membership pricing on prospective notice to you as required by law.
5. Class Booking, Cancellations, and No-Shows
Classes and sessions may be reserved through the Site or a connected scheduling provider, subject to availability and capacity limits. [Insert your cancellation window, late-cancel fee, and no-show policy.] We reserve the right to modify class schedules, substitute instructors, or cancel classes.
6. Products and Online Orders
We may offer apparel, merchandise, and related products for purchase through the Site. All orders are subject to acceptance and product availability. Prices, descriptions, and availability may change without notice, and we reserve the right to correct pricing errors and to limit or cancel quantities.
7. Payments
Payments are processed by third-party payment processors. By providing a payment method, you represent that you are authorized to use it and you authorize the applicable charges, including taxes and fees. We do not store full payment card numbers on our own servers; card data is handled by our processor under its terms and security standards.
8. Assumption of Risk; Waiver and Release of Liability
Physical activity carries inherent risks. HYROX training, functional fitness, use of equipment, and related activities involve strenuous exertion and the risk of injury, illness, or, in rare cases, death. By using our facility, participating in classes, or engaging with our services, you knowingly and voluntarily assume all such risks.
To the fullest extent permitted by law, you release, waive, and discharge EMBR (HPC South Florida LLC), its owners, officers, employees, trainers, and agents from any and all claims, liabilities, or damages arising out of or related to your participation, whether caused by negligence or otherwise. This online waiver supplements, and does not replace, any separate physical liability waiver you are required to sign before training.
9. Health Acknowledgment and Medical Disclaimer
You represent that you are physically able to participate in the activities offered and that you have consulted a physician if you have any condition that could be affected by exercise. Information provided by EMBR, its trainers, or the Site is for general fitness purposes only and is not medical advice. Stop exercising and seek medical attention if you experience pain, dizziness, or discomfort.
10. Rules of Conduct
You agree to follow all posted facility rules and staff instructions, to use equipment properly, and to treat other members and staff with respect. We may suspend or terminate access for conduct that is unsafe, disruptive, harassing, or in violation of these Terms.
11. Text Messaging (SMS) Program
If you opt in, EMBR may send you recurring marketing and promotional text messages. Consent is not a condition of any purchase or membership. Message frequency varies. Message and data rates may apply. You can opt out at any time by replying STOP, and reply HELP for help. Our handling of mobile data is described in our Privacy Policy, and mobile opt-in information is not shared with third parties for their marketing purposes.
12. Intellectual Property
The Site and its content — including the EMBR name, the “Embrace the standard” tagline, logos, text, graphics, and design — are owned by or licensed to HPC South Florida LLC and are protected by intellectual property laws. You may not copy, reproduce, or use our marks or content without our prior written permission. HYROX is a trademark of its respective owner; EMBR is an independent training facility.
13. User Content
If you submit reviews, photos, testimonials, or other content, you grant EMBR a non-exclusive, royalty-free, worldwide license to use, display, and reproduce that content in connection with our business. You are responsible for the content you submit and represent that you have the rights to share it.
14. Third-Party Services and Links
The Site may link to or integrate third-party services (such as scheduling, payment, and email/SMS platforms). We are not responsible for the content, policies, or practices of third parties, and your use of their services is governed by their terms.
15. Disclaimer of Warranties
Except as expressly stated, the Site and services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free.
16. Limitation of Liability
To the fullest extent permitted by law, EMBR and HPC South Florida LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising out of or related to your use of the Site or services. Our total aggregate liability for any claim will not exceed the amount you paid to us in the [insert period, e.g., six (6) months] preceding the claim.
17. Indemnification
You agree to indemnify and hold harmless EMBR, HPC South Florida LLC, and its owners, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Site or services, your violation of these Terms, or your violation of any law or third-party right.
18. Dispute Resolution and Governing Law
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Insert an arbitration and class-action-waiver clause if you want disputes resolved through binding arbitration; otherwise, specify that disputes will be resolved in the state or federal courts located in Palm Beach County, Florida. Have legal counsel finalize this section.
19. Changes to These Terms
We may update these Terms from time to time. The “Effective Date” above indicates the latest revision. Material changes will be posted on the Site, and your continued use after changes take effect constitutes acceptance.
20. Termination
We may suspend or terminate your account or access to the Site and services at any time for any reason, including violation of these Terms. Provisions that by their nature should survive termination — including waivers, disclaimers, limitations of liability, and indemnification — will survive.
21. Contact Us
Questions about these Terms? Contact us at: info@embrtrainingzone.com
