Effective Date: May 7, 2026 • Last Revised: May 7, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SUITEFIT PLATFORM. BY CREATING AN ACCOUNT, BOOKING A SESSION, OR USING ANY PART OF THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER IN SECTION 26. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

Who we are. SuiteFit LLC (“SuiteFit,” “we,” “us,” or “our”) is a limited liability company formed and existing under the laws of the State of Minnesota. We operate a technology platform and marketplace, accessible at suitefit.net and through the SuiteFit mobile application (the “App”), through which users seeking fitness services (“Residents”) can discover, book, and pay for sessions with independent, third-party personal trainers (“Trainers”). SuiteFit does not itself provide fitness services, employ Trainers, or supervise the content or safety of any training session.

Contact us. SuiteFit LLC, 20 NE 2nd St., Unit 2803, Minneapolis, MN 55413 | Email: admin@suitefit.info | Phone: 612-472-5724

Privacy Policy. Your use of the Services (defined below) is also subject to our Privacy Policy, available at https://suitefit.net/privacy-policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, share, and protect personal information for the entire Service — the Site, the App, and the marketplace — and includes the disclosures required under the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), the Minnesota Consumer Data Privacy Act (MCDPA), the Washington My Health My Data Act (MHMDA), and other applicable state privacy laws.

1. Definitions

“Services” means the SuiteFit website at suitefit.net (the “Site”), the App, the marketplace functionality (including booking, scheduling, payments, messaging, and reviews), and any related features, content, or programs offered by SuiteFit. “Resident” means a user who books or attempts to book a session through the Services. “Trainer” means a third-party fitness professional who offers services through the Services. “Content” means text, images, photographs, video, audio, software, data, and other material made available through the Services.

2. Our Services; Health and Fitness Risk Acknowledgment

The Services are provided for general wellness, informational, and recreational purposes. They are not medical services and do not provide medical advice, diagnosis, treatment, or therapeutic care. SuiteFit is not a healthcare provider and does not hold itself out as one.

Health and fitness risk acknowledgment. Physical exercise, including personal training sessions, involves inherent risks of injury, illness, or death. By using the Services, you acknowledge these risks and represent that: (a) you are physically capable of participating in fitness activities; (b) you have consulted with a qualified healthcare professional if you have pre-existing health conditions, injuries, or concerns about your fitness for exercise; and (c) you assume full responsibility for your health and safety during any session booked through the Services. SuiteFit has no duty to evaluate your fitness for exercise, screen your health history, or assess Trainer suitability for your particular health circumstances.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation.

3. Eligibility and User Representations

By using the Services, you represent and warrant that:

you are at least 18 years of age and have the legal capacity to enter into binding contracts;
all registration information you submit is true, accurate, current, and complete, and you will keep it accurate;
you will not access the Services by automated or non-human means except as expressly allowed by us;
you will not use the Services for any unlawful or unauthorized purpose, and your use will not violate applicable law;
you are not the subject of U.S. export controls or U.S. Treasury Department Office of Foreign Assets Control (OFAC) sanctions, and are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country;
if you are accessing the Services on behalf of an entity, you have authority to bind that entity to these Terms.

If any information you provide is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse current or future use of the Services.

4. Account Registration and Security

You must register for an account to book or offer sessions through the Services. You agree to keep your password confidential and are responsible for all activity under your account. You agree to notify us immediately at admin@suitefit.info of any unauthorized access to or use of your account. We may remove, reclaim, or change a username if we determine in our reasonable discretion that it is inappropriate, obscene, or otherwise objectionable.

5. License to Use the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. No other license is granted.

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless devices you own or control, subject to these Terms. You may not decompile, reverse engineer, disassemble, modify, or create derivative works from the App except to the extent applicable law expressly prohibits limiting that right. If you obtain the App from an app marketplace (e.g., Apple App Store or Google Play), you also agree to comply with the applicable marketplace’s terms of service. Marketplace operators are third-party beneficiaries of this mobile-application license to the extent required for enforcement of their terms.

6. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the Services, including source code, databases, software, designs, text, photographs, graphics, trademarks, service marks, and logos (“SuiteFit IP”). Nothing in these Terms transfers any ownership of SuiteFit IP to you. Except as expressly permitted in these Terms, no part of the Services or any Content may be copied, reproduced, modified, republished, uploaded, posted, publicly displayed, transmitted, sold, licensed, or otherwise exploited without our prior written consent.

Third-party trademarks. Names, logos, and identifying images of residential buildings, condominium associations, homeowners’ associations, property management companies, fitness equipment manufacturers, certifying bodies, or other third parties displayed in the Services are the property of their respective owners and are used in a nominative, descriptive, or location-identification capacity only. Their inclusion does not imply any partnership, sponsorship, affiliation, or endorsement.

7. Purchases and Payment

Payment agent. We facilitate the booking and payment for fitness services provided by independent, third-party Trainers. When you purchase a session through the Services, you are purchasing services directly from the Trainer. SuiteFit acts solely as a limited payment-collection agent on the Trainer’s behalf to process payment, and acceptance of payment by SuiteFit satisfies your payment obligation to the Trainer for that session.

We currently accept PayPal, Discover, American Express, Mastercard, and Visa. All payments must be made in U.S. dollars. Sales tax or other applicable taxes will be added as required by law.

Authorization holds. When you request a booking, you authorize us and our payment provider to place a temporary authorization hold on your chosen payment method for the session amount. We will process the final charge only after the Trainer accepts your booking request. If your request is declined, times out, or is canceled before confirmation, the hold will be released and you will not be charged.

We may refuse or cancel any booking request or confirmed booking at any time, in our reasonable discretion, including for violations of these Terms, suspected fraud, safety concerns, or Trainer unavailability.

8. Text Messaging and Phone Communications

SMS notifications. If you provide us with a mobile phone number, you consent to receive transactional SMS messages from SuiteFit relating to your account and your bookings (e.g., booking confirmations, schedule changes, security alerts). Standard message and data rates may apply. Message frequency varies. Reply HELP for help; reply STOP at any time to opt out of further non-emergency text messages.

Marketing texts. We will not send marketing or promotional text messages to your mobile number unless you have provided prior express written consent through a separate, clearly disclosed opt-in mechanism. You may revoke that consent at any time using any reasonable method, including by replying STOP.

Phone-number sharing with Trainers. By confirming a booking, you consent to SuiteFit sharing your verified phone number with the selected Trainer solely for coordination of the booked session. You agree to use the Trainer’s phone number only for logistics related to the scheduled session and not for solicitation, harassment, or any other purpose. This data sharing is described in the Privacy Policy.

Florida and Oklahoma residents. Without limiting any other provision, our use of automated calling or texting systems is intended to comply with the Florida Telephone Solicitation Act (Fla. Stat. § 501.059) and the Oklahoma Telephone Solicitation Act (15 O.S. § 775B.1 et seq.). If you receive a marketing communication from us in apparent violation of these statutes, please notify us immediately at admin@suitefit.info so that we can investigate and remediate.

9. Cancellation and Refund Policy

Your rights to cancel a booking and receive a refund are governed by this Section 9, subject to any mandatory rights under applicable state law (which control to the extent of any conflict).

If you cancel a confirmed booking at least 24 hours before the scheduled session start time, you will receive a full refund.
If you cancel less than 24 hours before the scheduled start time, or fail to attend the session without canceling, you will not be eligible for a refund.
If a Trainer cancels a confirmed session or fails to attend, you will receive a full refund of the amount paid for that session.
If a booking request is declined by the Trainer or not accepted within the allotted time, the temporary authorization hold will be released and no charge will be made.

No prepaid packages. SuiteFit does not currently offer prepaid session packages, memberships, multi-session bundles, or any other prepaid fitness-services contract. All sessions are booked and paid for individually as described above. Because SuiteFit does not sell prepaid fitness-services contracts, the cooling-off, registration, bonding, and notice requirements of state health-club, health-spa, and physical-fitness-services statutes are not currently triggered by our offerings.

Forward-looking compliance. If SuiteFit later introduces prepaid session packages, memberships, multi-session bundles, or any other prepaid fitness-services contract in any U.S. state, we will, at the point of purchase, comply with each applicable state statute, including by providing the required statutory cancellation rights, disclosures, registration/bonding information, and cancellation methods in the form and manner required by that statute. State statutes that may apply to such an offering include, without limitation:

the California Health Studio Services Contract Law, Cal. Civ. Code §§ 1812.80–1812.97;
the New York General Business Law §§ 620–632 (Health Club Services);
the Illinois Physical Fitness Services Act, 815 ILCS 645;
the Massachusetts Health Club Services Contract Law, M.G.L. c. 93, §§ 78–88;
the Michigan Health Club Services Act, MCL § 445.1801 et seq.;
the Maryland Health Club Services Act, Md. Code, Com. Law § 14-12B-01 et seq.;
the Ohio Prepaid Entertainment Contract Act, R.C. § 1345.41 et seq.;
the Pennsylvania Health Club Act, 73 P.S. § 2161 et seq.;
the Tennessee Health Club Act, Tenn. Code § 47-18-301 et seq.;
the Washington Health Studio Services Act, RCW 19.142;
the Texas Health Spa Act, Tex. Occ. Code ch. 702 (formerly cited as the Texas Health Studio Act); and
the Florida Health Studios Act, Fla. Stat. §§ 501.012–501.019, including the three-business-day cancellation right at § 501.017.

Nothing in this Section 9 limits any mandatory consumer right that applies to a transaction we do conduct.

10. Subscriptions and Auto-Renewal

SuiteFit does not currently offer automatic renewal or continuous-service billing. If we ever introduce a subscription, membership, or recurring-charge offering, we will comply with all applicable state and federal automatic-renewal and negative-option laws, including without limitation:

the California Automatic Renewal Law, Cal. Bus. & Prof. Code §§ 17600–17606;
the New York Automatic Renewal Law, N.Y. Gen. Bus. Law § 527-a;
the Illinois Automatic Contract Renewal Act, 815 ILCS 601;
the Oregon Automatic Renewal Statute, ORS 646A.295;
the Vermont Automatic Renewal Statute, 9 V.S.A. § 2454a;
the Virginia Automatic Renewal Offer Act, Va. Code § 59.1-207.45 et seq.;
the North Carolina Automatic Renewal Statute, N.C. Gen. Stat. § 75-41;
the Wisconsin and other state automatic-renewal statutes; and
the FTC Negative Option / “Click-to-Cancel” Rule, 16 C.F.R. Part 425.

In each case we will: (a) clearly and conspicuously present the renewal terms before enrollment; (b) obtain affirmative consent to the recurring charge; (c) provide an acknowledgment that includes the cancellation method and a means to retain it; (d) disclose any material price change before it takes effect; and (e) provide a simple online cancellation mechanism that is at least as easy to use as the enrollment mechanism.

11. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. You agree not to:

systematically retrieve data or content from the Services to create a compilation, database, or directory without our written permission;
trick, defraud, or mislead us or other users, or provide false or misleading information during registration, profile creation, or service provision;
circumvent, disable, or interfere with security-related features of the Services;
use information obtained from the Services to harass, abuse, or harm another person;
upload or transmit viruses, Trojan horses, worms, or other malicious code or material;
engage in automated use of the system, including scripts, bots, spiders, scrapers, or data mining tools, except as expressly permitted;
impersonate another user or person or misrepresent your affiliation with any person or entity;
interfere with, disrupt, or create an undue burden on the Services or connected networks;
copy, adapt, reverse engineer, or decompile our software except as permitted by applicable law;
use the Services to advertise or sell goods or services without our written permission;
engage in harassment, discrimination, threats, stalking, or unsafe conduct toward any user, Trainer, or SuiteFit personnel;
attempt to circumvent the platform’s designated booking or payment systems for sessions arranged through the platform;
delete copyright or other proprietary rights notices from any Content; or
use the Services in any manner inconsistent with the Trainer’s applicable certifications or scope of practice (e.g., providing medical, dietetic, or physical-therapy services without proper licensure).

12. Relationship With Trainers; Independent Contractors

Marketplace, not employer. SuiteFit is a technology platform and marketplace. Each Trainer is an independent business that provides fitness services on its own account, sets its own session terms (including pricing within ranges supported by the platform), determines its own methods, controls its own work, and bears its own risk of profit and loss. Trainers are not employees, agents, partners, joint venturers, or franchisees of SuiteFit. SuiteFit does not direct or control how a Trainer performs a session.

Worker classification. Trainers are engaged by SuiteFit as independent contractors. To the extent any state classification statute or test (including the California ABC test under Cal. Lab. Code § 2775, the Massachusetts ABC test under M.G.L. c. 149 § 148B, the New Jersey ABC test, the Illinois Workers’ Compensation Act and Unemployment Insurance Act tests, or the U.S. Department of Labor’s economic-realities test under the Fair Labor Standards Act) applies to the Trainer’s relationship with SuiteFit, the parties intend the relationship to satisfy each prong of those tests. Each Trainer is bound by a separate Trainer Agreement that addresses classification, indemnification, insurance, and tax responsibility.

Vetting disclosure. SuiteFit may, in its discretion, require Trainers to provide credentialing information, proof of insurance, or other documentation as a condition of platform access. SuiteFit does not, however, guarantee that all Trainers are licensed, certified, insured, background-checked, or otherwise qualified for your particular needs. You are responsible for independently verifying a Trainer’s qualifications before booking.

We are not responsible for the performance, quality, safety, legality, or outcome of services provided by Trainers. Any dispute, claim for injury, or issue related to a fitness service itself must be resolved directly between the Resident and the Trainer, except to the extent applicable law requires otherwise.

13. Property Access; Building and Premises Rules

SuiteFit is not affiliated with any residential building, condominium association, homeowners’ association, or property management company referenced in the Services. The inclusion of a property name in the Services is for location-identification purposes only and does not imply any partnership, endorsement, or affiliation.

By booking a session, the Resident acknowledges that they are inviting the Trainer as their guest and is responsible for complying with any applicable house rules, bylaws, occupancy limits, guest-registration requirements, or property policies, and for obtaining any permissions required of the Resident.

No premises liability. SuiteFit does not own, lease, manage, control, inspect, or maintain any premises at which a session is conducted. SuiteFit makes no representation regarding the safety, suitability, code-compliance, or condition of any such premises and disclaims any premises-liability obligation to the maximum extent permitted by law.

If a Trainer is denied access to a property or asked to leave by management or security, SuiteFit’s sole responsibility will be to administer any applicable refund or credit under Section 9.

14. User Contributions and Contribution License

We may provide you with the opportunity to create, submit, post, or transmit content and materials, including text, comments, suggestions, photographs, audio, video, ratings, or other material (“Contributions”).

When you create or make available any Contributions, you represent and warrant that: (a) you own or control the rights necessary to do so; (b) your Contributions do not infringe the intellectual property, privacy, publicity, or other rights of any third party; and (c) your Contributions do not violate applicable law.

You grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, non-exclusive, transferable, and sublicensable license to host, use, display, reproduce, modify, publish, and distribute your Contributions solely in connection with operating, providing, and promoting the Services. You retain ownership of your Contributions, subject to that license.

15. DMCA / Copyright Policy

SuiteFit respects intellectual property rights and expects users to do the same. If you believe that any Content on the Services infringes your copyright, please notify our designated Copyright Agent at the contact information below.

Copyright Office registration. SuiteFit is in the process of registering its designated Copyright Agent with the United States Copyright Office under 17 U.S.C. § 512(c)(2). Once filed, the agent’s information will appear in the Copyright Office’s online DMCA Designated Agent Directory, and SuiteFit will renew the registration every three (3) years as required by the Copyright Office. Pending completion of registration, the contact information below remains the proper address for serving notices of claimed infringement on SuiteFit, and SuiteFit will process valid notices in accordance with the Digital Millennium Copyright Act.

Copyright Agent: SuiteFit LLC, Attn: Copyright Agent, 20 NE 2nd St., Unit 2803, Minneapolis, MN 55413 | Email: admin@suitefit.info

Your notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material claimed to be infringing, with sufficient detail to locate it; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized; (e) a statement under penalty of perjury that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.

We will process valid notices in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Counter-notices may be submitted using the same contact information. SuiteFit will terminate accounts of repeat infringers in appropriate circumstances.

16. Social Media and Third-Party Accounts

If you link a third-party account to the Services, you represent that you are entitled to disclose the relevant account information and that doing so will not violate the third-party provider’s terms or create any payment obligation for us.

17. Services Management

We reserve the right, but not the obligation, to: monitor the Services for violations of these Terms; take appropriate legal action against anyone who violates applicable law or these Terms; refuse, restrict, or disable access to any user contribution; remove Content that is excessive in size or burdensome to our systems; and otherwise manage the Services in a manner designed to protect our rights, property, and the safety of users.

18. Term and Termination

These Terms remain in effect while you use the Services. We may suspend or terminate your access at any time, with or without notice, for violation of these Terms, applicable law, or any safety-related policy.

If we terminate or suspend your account, you may not register a new account under your name, a fake name, or the name of any third party without our prior written permission.

Survival. Sections 6 (Intellectual Property), 14 (Contributions and License), 15 (DMCA), 19 (Force Majeure), 20 (Governing Law), 23 (Disclaimer of Warranties), 24 (Assumption of Physical Risk), 25 (Limitations of Liability), 26 (Dispute Resolution), 27 (Indemnification), 28 (User Data and Privacy), 29 (Electronic Communications), 33 (Export Controls), and any other provisions that by their nature should survive, will survive termination.

19. Force Majeure

Neither SuiteFit nor any Trainer is liable for failure or delay in performance caused by events outside their reasonable control, including acts of God, natural disasters, pandemics, government orders, property lockdowns, power failures, civil disturbances, network or carrier failures, or other force-majeure events. In such circumstances, SuiteFit will administer applicable refunds in accordance with Section 9 but bears no additional liability.

20. Modifications and Interruptions

We may modify, update, suspend, or discontinue the Services at any time, in whole or in part. If we make a material change to these Terms, we will provide reasonable advance notice (e.g., by email, in-app notice, or by posting a revised Effective Date), and your continued use after the notice period constitutes acceptance of the change. If you do not agree to the change, you may stop using the Services and close your account. Where state law requires advance notice of a price change, opt-in re-consent, or any other specific procedure, we will follow that procedure.

21. Governing Law

These Terms and your use of the Services are governed by the laws of the State of Minnesota, without regard to its conflict-of-law principles. Nothing in this Section 21 limits mandatory protections available to you under the law of your state of residence where those laws cannot be waived by contract. Where a mandatory home-state consumer-protection law applies, it controls to the extent of any conflict with these Terms.

22. Dispute Resolution; Arbitration; Class Waiver

22.1 Informal resolution

Before initiating arbitration or litigation, you must send a written Dispute Notice to SuiteFit LLC, 20 NE 2nd St., Unit 2803, Minneapolis, MN 55413, or by email to admin@suitefit.info with the subject line “DISPUTE NOTICE.” Your notice must describe the nature of the dispute and the relief sought. We will attempt to resolve the dispute informally for thirty (30) days after receipt. Either party may bring an emergency court action for injunctive relief at any time without completing the informal-resolution period.

22.2 Binding arbitration

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules and, where applicable, the AAA Mass Arbitration Supplementary Rules. The arbitration will take place in Hennepin County, Minnesota, unless you and we agree to a different location or the arbitrator orders the hearing held remotely or in your home county for the convenience of the parties. The arbitrator may award any individual relief that a court could award. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section 22.

22.3 Cost allocation

For arbitration claims where the amount in controversy does not exceed $10,000, SuiteFit will pay all AAA filing, administrative, and arbitrator fees, unless the arbitrator determines the claim is frivolous. For claims exceeding $10,000, AAA fee rules apply. If the AAA fees would render arbitration prohibitively expensive for you in light of your individual circumstances, we will pay any additional fees necessary to allow the arbitration to proceed.

22.4 Class-action waiver

To the fullest extent permitted by law, you and SuiteFit each agree that any dispute will be brought only in the parties’ individual capacities, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If a court or arbitrator finds this class-action waiver unenforceable as to any particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed from arbitration and may proceed in court, and the remainder of this Section 22 will continue to apply.

22.5 PAGA carve-out

Nothing in this Section 22 waives any non-individual representative claim under the California Private Attorneys General Act (“PAGA”), Cal. Lab. Code § 2698 et seq., that cannot be waived by private agreement. Consistent with Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023), an individual PAGA claim may be sent to arbitration; any non-individual representative PAGA claim may proceed in court and may be stayed pending the arbitration of the individual claim.

22.6 Massachusetts and Washington carve-outs

If you are a Massachusetts resident, nothing in this Section 22 limits any non-individual representative right you may have under the Massachusetts Consumer Protection Act, M.G.L. c. 93A, that cannot be waived by private agreement. If you are a Washington State resident, nothing in this Section 22 limits any non-individual representative right you may have under the Washington Consumer Protection Act, RCW 19.86, that cannot be waived by private agreement. Individual claims under those statutes remain subject to arbitration on an individual basis.

22.7 Small-claims court

Either party may bring an eligible individual claim in small-claims court of competent jurisdiction in lieu of arbitration, provided the claim remains in that court (including on appeal) and is not removed or transferred.

22.8 30-day right to opt out

You may opt out of this Section 22 (other than the informal-resolution requirement) by sending written notice of your decision to opt out, including your name, address, account email, and a clear statement that you wish to opt out, to admin@suitefit.info with subject line “ARBITRATION OPT-OUT” within thirty (30) days after you first agree to these Terms. If you opt out, you and SuiteFit may bring claims against each other in court. Opting out has no other effect on your rights or obligations under these Terms.

23. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUITEFIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions, including New Jersey and Massachusetts, do not allow the exclusion of implied warranties in consumer contracts in certain circumstances, so the above exclusions may not apply to you in full. Your statutory rights are not affected.

24. Assumption of Physical Risk and Limited Release

BY BOOKING AND PARTICIPATING IN ANY TRAINING SESSION ARRANGED THROUGH THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

Physical exercise involves inherent risks of injury, illness, or death, including risks from the acts or omissions of Trainers and other participants;
SuiteFit does not supervise, control, or direct any training session;
You have voluntarily chosen to participate and assume all risk of personal injury, death, or property damage arising from participation in any session booked through the Services;
To the fullest extent permitted by applicable law, your agreement to these Terms constitutes a release and waiver of claims against SuiteFit (but not the Trainer) for any injury arising from a training session, except for claims arising from SuiteFit’s own gross negligence, recklessness, or willful misconduct.

State-specific limits on liability waivers. This Section 24 release does not apply, and is not enforced by SuiteFit, to the extent prohibited by the law of your state of residence, including without limitation:

New York: Pre-injury releases at “places of public amusement, recreation, sport, fitness or similar establishment” are void under N.Y. Gen. Oblig. Law § 5-326.
Virginia: Pre-injury releases of negligence are void as against public policy under Hiett v. Lake Barcroft Cmty. Ass’n, 244 Va. 191 (1992).
Louisiana: Pre-injury waivers of negligence claims are null under La. Civ. Code art. 2004.
Montana: Pre-injury releases of negligence are void under Mont. Code Ann. § 28-2-702.
Connecticut: Pre-injury releases for negligence in recreational activities are unenforceable under Hanks v. Powder Ridge Restaurant Corp., 276 Conn. 314 (2005), and related decisions.
Wisconsin: Exculpatory contracts for negligence in recreational settings are unenforceable when they violate public policy under Atkins v. Swimwest Family Fitness Ctr., 2005 WI 4, and related decisions.
Hawaii: Pre-injury releases for recreational activity providers are limited under Haw. Rev. Stat. § 663-1.54.
West Virginia and Vermont: Pre-injury liability waivers are narrowly construed and may be unenforceable in recreational or fitness contexts.

If you reside in any other state in which a pre-injury liability waiver is void as a matter of statute or public policy, the waiver in this Section 24 will be deemed inapplicable to that extent, and your statutory rights will not be affected.

25. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUITEFIT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR LOST DATA) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUITEFIT’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO SUITEFIT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED U.S. DOLLARS (US$500).

Notwithstanding the foregoing, nothing in these Terms limits or excludes SuiteFit’s liability for:

death or personal injury caused by SuiteFit’s own gross negligence, recklessness, or willful misconduct;
fraud or fraudulent misrepresentation;
any liability that cannot lawfully be limited or excluded under the law of your state of residence; or
SuiteFit’s own negligent handling of personal information to the extent required by applicable data-protection law.

Several states do not allow certain limitations on liability or exclusions of damages in consumer contracts, including New Jersey, Massachusetts, Connecticut, and Florida. To the extent applicable mandatory state law (including the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, M.G.L. c. 93A, the Connecticut Unfair Trade Practices Act, and the Florida Deceptive and Unfair Trade Practices Act) prohibits a specific limitation, that limitation will not apply to you.

26. Indemnification

By you. You agree to defend, indemnify, and hold harmless SuiteFit and our officers, directors, employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of applicable law; (d) your violation of the rights of a third party; (e) your failure to comply with applicable property rules in connection with a booked session; or (f) any claim by a property owner or manager arising from your invitation of a Trainer to the property.

By SuiteFit. We agree to defend, indemnify, and hold harmless you from and against any third-party claim arising directly from our own gross negligence, willful misconduct, or material breach of these Terms, to the extent such claim is not caused or contributed to by your own acts or omissions. Our indemnification obligation is subject to your: (a) providing prompt written notice of the claim; (b) granting us sole control of the defense and settlement (provided that we will not settle any claim that imposes liability on you without your consent); and (c) providing reasonable cooperation at our expense.

27. User Data and Privacy

We will maintain certain data you transmit to the Services for the purpose of operating the Services. Although we perform regular backups, you are responsible for maintaining your own backups of important data. To the fullest extent permitted by applicable law, and except to the extent caused by our own negligent security practices, we will not be liable for loss or corruption of data that results from circumstances outside our reasonable control.

Our collection, use, and sharing of personal information — including data-retention practices and your rights as a consumer — are governed by the Privacy Policy, which is incorporated into these Terms by reference. Your rights under the CCPA/CPRA, the MCDPA, the Washington My Health My Data Act, the Illinois BIPA, and other applicable state privacy laws are described in the Privacy Policy.

28. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the Services.

E-SIGN consumer disclosures. Under the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), 15 U.S.C. § 7001, you are entitled to the following information regarding the electronic delivery of records:

Categories of records. Records to be delivered electronically include these Terms, the Privacy Policy, booking confirmations, receipts, account communications, change-of-terms notices, and other disclosures.
Hardware/software requirements. To access and retain electronic records, you need: (i) a current-generation web browser (e.g., Chrome, Edge, Safari, Firefox) with JavaScript and cookies enabled; (ii) for the App, a supported iOS or Android device; (iii) a working internet connection; (iv) a personal email account; and (v) software capable of viewing PDF and HTML files. You should also have a printer or sufficient storage to print or save records.
Right to receive paper copies. You may request a free paper copy of any record we have provided electronically by contacting admin@suitefit.info.
Right to withdraw consent. You may withdraw your consent to receive records electronically at any time by contacting admin@suitefit.info; however, doing so may limit your ability to use the Services.
Updating your contact information. You may update your email address or other contact information through your account settings or by contacting us.

29. Accessibility

SuiteFit is committed to making the Services accessible to people with disabilities. We work to conform the Services to the W3C Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, and we comply with applicable accessibility laws, including Title III of the Americans with Disabilities Act, the California Unruh Civil Rights Act, the New York City Human Rights Law, and the U.S. Department of Justice rule on web accessibility under Title II/III. If you experience difficulty accessing any part of the Services or require an accommodation, please contact admin@suitefit.info with the subject line “Accessibility Request,” and we will make reasonable efforts to assist you within a commercially reasonable time.

30. Children’s and Minors’ Privacy

The Services are intended for users who are at least 18 years old. We do not knowingly permit any person under the age of 18 to create an account or book a session, and we do not knowingly collect personal information from anyone under the age of 18 — including any minor under the age of 13 to whom the federal Children’s Online Privacy Protection Act (“COPPA”) applies. If we learn that we have collected personal information from a minor in violation of this Section, we will delete that information.

Where applicable, SuiteFit honors the heightened protections for minors required by the California Age-Appropriate Design Code (Cal. Civ. Code § 1798.99.28 et seq., as in effect from time to time), the Maryland Age-Appropriate Design Code, the New York Stop Addictive Feeds Exploitation (SAFE) for Kids Act, the Connecticut Data Privacy Act’s minor-specific provisions, and similar laws. If you believe a minor has accessed the Services, please contact admin@suitefit.info.

31. State-Specific Notices

31.1 California

Under California Civil Code § 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. California residents have rights under the CCPA/CPRA, including the right to know, the right to delete, the right to correct, the right to opt out of sale or sharing of personal information, the right to limit use of sensitive personal information, and the right to non-discrimination. See the Privacy Policy for full disclosures and request methods.

31.2 New York

New York residents retain all rights under N.Y. General Business Law Article 22-A and other applicable consumer-protection statutes. As described in Section 24, the pre-injury liability release in these Terms does not apply to claims at “places of public amusement, recreation, sport, fitness or similar establishment” under N.Y. Gen. Oblig. Law § 5-326.

31.3 New Jersey

Under New Jersey law, including the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), no provision of these Terms limits or denies any “clearly established” legal right of a New Jersey consumer. The limitation of liability in Section 25, the assumption of risk in Section 24, and the disclaimer of warranties in Section 23 do not apply to the extent inconsistent with New Jersey law, including with respect to personal injury caused by negligence.

31.4 Massachusetts

Massachusetts residents retain all rights under M.G.L. c. 93A. Nothing in Section 22 limits any non-individual representative right under c. 93A that cannot be waived by private agreement. The disclaimer of implied warranties in Section 23 and the limitations on liability in Section 25 do not apply to the extent inconsistent with Massachusetts law.

31.5 Connecticut

Connecticut residents retain all rights under the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. § 42-110a et seq. As described in Section 24, the pre-injury release of negligence claims in these Terms does not apply to recreational-activity claims governed by Hanks v. Powder Ridge Restaurant Corp., 276 Conn. 314 (2005), or related decisions.

31.6 Illinois

If SuiteFit collects or uses biometric identifiers or biometric information (as defined by the Illinois Biometric Information Privacy Act, 740 ILCS 14) from Illinois residents, we will: (a) obtain written consent before collecting such information; (b) publish a publicly available written retention policy; and (c) not sell, lease, trade, or otherwise profit from biometric information. Illinois residents may contact us at admin@suitefit.info for information about our biometric-data practices. Illinois residents also retain all rights under the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505.

31.7 Texas

SuiteFit does not currently sell prepaid services contracts in Texas. If SuiteFit later offers a prepaid services contract to a Texas resident, that contract will comply with the Texas Health Spa Act, Tex. Occ. Code ch. 702, including any applicable cancellation right within three (3) business days, and the required disclosures, registration information (where applicable), and cancellation procedures will be provided at the time of purchase. If SuiteFit collects biometric identifiers from a Texas resident, we will comply with the Capture or Use of Biometric Identifier Act, Tex. Bus. & Com. Code § 503.001.

31.8 Florida

SuiteFit does not currently sell prepaid session packages in Florida. If SuiteFit later offers prepaid session packages to a Florida resident, the cancellation rights provided under the Florida Health Studios Act, Fla. Stat. §§ 501.012–501.019 — including the three-business-day cancellation right at § 501.017 — will apply, and the required statutory cancellation language and notice form will be presented at the time of purchase.

31.9 Washington

Washington State residents retain all rights under the Washington Consumer Protection Act, RCW 19.86, and the Washington Health Studio Services Act, RCW 19.142. Washington residents are also entitled to the protections of the Washington My Health My Data Act, RCW ch. 19.373; consumer health data of Washington residents is processed in accordance with that statute, as described in the Privacy Policy. If SuiteFit collects biometric identifiers from a Washington resident, we will comply with RCW 19.375.

31.10 Wisconsin

As described in Section 24, exculpatory clauses are unenforceable in recreational settings to the extent set forth in Atkins v. Swimwest Family Fitness Center, 2005 WI 4, and related decisions, and SuiteFit does not enforce the Section 24 release against Wisconsin residents to that extent. Any future subscription, membership, or recurring-service offering to Wisconsin residents will disclose its material terms before enrollment and will provide cancellation methods and advance notice of any material change, as required by applicable Wisconsin law.

31.11 Virginia, Louisiana, Montana, Hawaii

Residents of Virginia, Louisiana, Montana, and Hawaii are not subject to the pre-injury liability waiver in Section 24 to the extent prohibited by Hiett v. Lake Barcroft Cmty. Ass’n, 244 Va. 191 (1992); La. Civ. Code art. 2004; Mont. Code Ann. § 28-2-702; and Haw. Rev. Stat. § 663-1.54, respectively. Virginia residents have additional rights under the Virginia Consumer Data Protection Act (described in the Privacy Policy).

31.12 Other states

For any other state-specific consumer-protection, auto-renewal, fitness-services, biometric, or privacy law that applies to a particular user or offering, the applicable mandatory state law will control to the extent of any conflict with these Terms.

32. Compliance With Building and Property Rules

SuiteFit is not responsible for any property rules, building policies, or access restrictions imposed by property owners, managers, or associations. Residents are responsible for complying with any rules applicable to their invitation of a Trainer and for obtaining any permissions required of the Resident.

If a property owner, manager, or association brings a claim against SuiteFit based on a Resident’s failure to comply with applicable property rules, the Resident agrees to indemnify SuiteFit under Section 26 to the extent the claim arises from the Resident’s own conduct, omissions, or failure to obtain required authorization.

33. Export Controls and Sanctions

The Services are subject to U.S. export-control laws and regulations. You may not use the Services in violation of U.S. export laws or to facilitate transactions with persons or entities on OFAC’s Specially Designated Nationals list or other restricted-party lists. By using the Services, you represent that you are not subject to such restrictions.

34. Miscellaneous

These Terms, together with the Privacy Policy, the Trainer Agreement (as applicable), and any policies or operating rules posted by us, constitute the entire agreement between you and SuiteFit regarding the Services and supersede all prior agreements and understandings.

Our failure to enforce any right or provision will not be a waiver of that right or provision. If any provision of these Terms is held unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be severed and the remaining provisions will remain in full force and effect.

There is no joint venture, partnership, employment, or agency relationship created between you and SuiteFit by these Terms or by your use of the Services.

These Terms have been negotiated and drafted by both parties and will be construed according to their fair meaning, without presumption against the drafter. Where applicable mandatory law (e.g., California consumer-contract doctrine) requires construction against the drafter, that law controls to the extent of any conflict.

These Terms may be accepted electronically and apply with the same force as a written, signed agreement. The English-language version controls in the event of any translation conflict.

35. Contact Us

To resolve a complaint, request information, or submit a notice under these Terms:

SuiteFit LLC

20 NE 2nd St., Unit 2803

Minneapolis, MN 55413

United States

General: admin@suitefit.info

Phone: 612-472-5724

Privacy / Data Rights: admin@suitefit.info

Accessibility: admin@suitefit.info (subject: Accessibility Request)