Terms of Use

1. ACCEPTANCE OF TERMS

Welcome to Annika LLC (“Annika,” “we,” “us,” or “our”). By accessing or using our fitness facility, website, mobile applications, services, or any related offerings (collectively, the “Services”), you agree to be bound by these Terms of Use (“Terms”) and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our Services.

2. MEMBERSHIP AND ACCESS

2.1 Eligibility

You must be at least 18 years old to become a member or use our Services independently. Minors aged 14-17 may use certain Services with parental or guardian consent and supervision as required.

2.2 Membership Agreement

Your membership is subject to the terms of your specific membership agreement, including payment obligations, cancellation policies, and facility rules. Membership fees are non-refundable except as expressly provided in your membership agreement.

2.3 Facility Rules

You agree to comply with all posted facility rules and regulations, staff instructions, and generally accepted standards of conduct and hygiene. We reserve the right to refuse service or revoke membership for violation of facility rules or disruptive behavior.

3. ASSUMPTION OF RISK AND RELEASE OF LIABILITY

3.1 Inherent Risks

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR FACILITIES AND PARTICIPATION IN FITNESS ACTIVITIES INVOLVES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO:

• Risk of property damage, personal injury, or death
• Risks associated with the use of exercise equipment and facilities
• Risks associated with physical exertion and cardiovascular stress
• Risks from the actions or negligence of other members or guests
• Risks related to any health conditions you may have
• Risks associated with communicable diseases

3.2 Release and Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ANNIKA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY YOU OR YOUR PROPERTY WHILE PARTICIPATING IN ACTIVITIES OR USING OUR FACILITIES, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

3.3 Medical Clearance

You represent that you are physically capable of participating in fitness activities and have no medical condition that would prevent safe participation. You acknowledge that we have recommended that you consult with a physician before beginning any exercise program.

4. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO: (i) YOUR USE OR MISUSE OF THE FACILITIES OR SERVICES; (ii) YOUR BREACH OF THESE TERMS; (iii) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; OR (iv) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.

5. PAYMENT TERMS AND BILLING AUTHORIZATION

5.1 Recurring Payments

By providing payment information, you authorize Annika LLC to charge your payment method on a recurring basis according to your membership plan. You are responsible for keeping your payment information current and for all charges incurred.

5.2 Price Changes

We reserve the right to modify membership prices upon 30 days’ notice. Continued use of Services after price changes constitutes acceptance of the new pricing.

5.3 Failed Payments

If payment cannot be processed, we may suspend your access to Services until payment is received. You remain responsible for any unpaid amounts.

6. COMMUNICATIONS AND SMS CONSENT

6.1 SMS/Text Messaging

By providing your mobile phone number, you expressly consent to receive automated text messages (SMS/MMS) from Annika LLC regarding your membership, appointments, promotional offers, facility updates, and other Services-related communications. Message frequency varies. Message and data rates may apply.

6.2 Opt-Out

You may opt out of SMS communications at any time by texting STOP to any message you receive from us or by contacting us directly. Opting out of SMS communications may impact your ability to receive important service updates.

6.3 Email Communications

You consent to receive electronic communications from us related to your use of the Services. These communications are part of your relationship with us and you receive them as part of your membership.

7. INTELLECTUAL PROPERTY

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, and software, are the exclusive property of Annika LLC and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

8. PRIVACY AND DATA PROTECTION

Your use of our Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using our Services, you consent to our collection, use, and disclosure of your information as described in our Privacy Policy.

9. PHOTOGRAPHY AND RECORDING

You grant Annika LLC the right to photograph or record you while using our facilities for security, promotional, or operational purposes. If you do not wish to be photographed or recorded for promotional purposes, please notify us in writing.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANNIKA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANNIKA LLC EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID ANNIKA LLC IN THE PAST TWELVE MONTHS.

11. ACCESSIBILITY

Annika LLC is committed to providing accessible facilities and services to individuals with disabilities in accordance with applicable laws, including the Americans with Disabilities Act (ADA). We strive to ensure our facilities are accessible and will provide reasonable accommodations upon request. Please contact us if you require any accommodations or have accessibility concerns.

12. DISPUTE RESOLUTION

12.1 Arbitration Agreement

ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL BE RESOLVED THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION SHALL BE CONDUCTED IN UTAH COUNTY, UTAH.

12.2 Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.

13. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the effective date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

14. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. ENTIRE AGREEMENT

These Terms, together with your membership agreement and our Privacy Policy, constitute the entire agreement between you and Annika LLC regarding the use of our Services and supersede all prior agreements and understandings.

16. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at: