Terms and conditions & Privacy policy

TERMS & CONDITIONS

Welcome to Evolve Fitness Chicago (“Evolve Fitness,” “Evolve,” “we,” “us,” or “our”). These Terms & Conditions govern your use of our website, online services, communications, fitness and coaching services, and other services offered by Evolve Fitness Chicago.

By accessing our website, submitting information through our website, enrolling in a program, purchasing services, or otherwise using our services, you agree to these Terms & Conditions.

FITNESS AND COACHING SERVICES

Evolve Fitness Chicago provides fitness, personal training, online training, coaching, wellness, mobility, strength, yoga, pre/postnatal fitness, and related services.

Online coaching clients may be matched with an individual trainer or coach based on factors including the client's goals, needs, preferences, availability, and the trainer's areas of expertise.

The availability of any particular trainer is not guaranteed. Evolve Fitness Chicago reserves the right to change trainer assignments when reasonably necessary.

ONLINE COACHING PROGRAM

Certain online coaching programs may be offered on a monthly subscription basis, including programs currently offered at approximately $400 per month unless another price is disclosed at enrollment.

Specific program features, billing terms, cancellation requirements, commitments, refunds, and other program-specific terms will be disclosed during enrollment or in the applicable client agreement.

Website descriptions are intended to provide general information and do not supersede a separately executed membership, coaching, personal training, or service agreement.

HEALTH AND FITNESS DISCLAIMER

Fitness and wellness activities involve inherent risks.

Information and coaching provided by Evolve Fitness Chicago and its trainers are intended for general fitness and wellness purposes and are not medical advice, diagnosis, physical therapy, or treatment.

You are responsible for determining whether you are physically capable of participating in any exercise or fitness program. You should consult an appropriate licensed healthcare professional before beginning a new exercise program, particularly if you are pregnant, postpartum, injured, have a medical condition, take medications that may affect exercise, or have concerns regarding your ability to exercise safely.

You agree to immediately stop an exercise or activity and seek appropriate medical attention if you experience pain, dizziness, shortness of breath, faintness, or other concerning symptoms.

PRENATAL AND POSTPARTUM SERVICES

Prenatal and postpartum fitness services are intended to provide fitness coaching and are not a substitute for medical care.

Participants should obtain appropriate guidance or clearance from their physician, obstetrician, midwife, physical therapist, or other qualified healthcare provider before participating when appropriate.

Evolve Fitness Chicago trainers do not diagnose or treat pregnancy-related or postpartum medical conditions unless a particular provider is separately licensed and acting within that professional scope.

COMMUNICATIONS

By providing your contact information, you authorize Evolve Fitness Chicago to contact you regarding your inquiries, appointments, account, membership, coaching services, and other service-related matters through the contact methods you provide.

Marketing communications are subject to the additional consent and opt-out provisions described below.

EMAIL COMMUNICATIONS

If you provide your email address or otherwise subscribe to marketing communications, Evolve Fitness Chicago may send you emails regarding services, promotions, fitness programs, educational content, special offers, events, and other information that may be of interest to you, subject to applicable law.

You may unsubscribe from marketing emails at any time by using the unsubscribe link contained in the email or by contacting us.

Unsubscribing from marketing emails will not necessarily prevent us from sending transactional or service-related communications concerning an active account, appointment, purchase, membership, or coaching relationship.

SMS/TEXT MESSAGE TERMS

Where you separately provide consent to receive SMS or text messages from Evolve Fitness Chicago, you agree that Evolve Fitness Chicago and service providers acting on its behalf may send text messages to the mobile telephone number you provide.

Depending upon the consent you provide, messages may include appointment reminders, account notifications, responses to inquiries, service information, promotions, special offers, and information regarding Evolve Fitness Chicago programs and services.

Message frequency may vary.

Message and data rates may apply.

Consent to receive marketing text messages is not a condition of purchasing any goods or services.

You may opt out of marketing text messages at any time by replying STOP. After opting out, you may receive a confirmation message. You may reply HELP for assistance or contact Evolve Fitness Chicago directly.

Carriers are not liable for delayed or undelivered messages.

Evolve Fitness Chicago may use third-party communications providers to facilitate text messaging.

LEAD AND PROSPECT COMMUNICATIONS

Evolve Fitness Chicago may communicate with individuals who directly request information about our services, submit an inquiry, schedule a consultation, register through an advertising or lead-generation form, or otherwise provide their contact information to us or to an authorized marketing partner.

Any marketing communications will be conducted subject to applicable law and the consent associated with the manner in which the contact information was collected.

The receipt of contact information from a third-party source does not eliminate any consent requirements that may otherwise apply to a particular method of communication.

THIRD-PARTY SERVICES

Evolve Fitness Chicago may use third-party providers for services including website hosting, customer relationship management, scheduling, payment processing, communications, analytics, advertising, and online coaching technology.

Your use of certain third-party services may also be subject to the terms and privacy policies of those providers.

PAYMENTS

Fees for services are disclosed before purchase or enrollment.

If you enroll in recurring services, you authorize Evolve Fitness Chicago and its payment processor to charge the payment method you provide according to the billing schedule disclosed at enrollment.

Additional cancellation, refund, freeze, and billing provisions may be contained in your applicable client or membership agreement.

INTELLECTUAL PROPERTY

Training programs, videos, educational materials, workout plans, written materials, graphics, branding, and other content provided by Evolve Fitness Chicago are intended for the client's personal use unless otherwise stated.

Such materials may not be reproduced, resold, distributed, published, or commercially exploited without authorization from Evolve Fitness Chicago.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Evolve Fitness Chicago is not responsible for indirect, incidental, special, consequential, or punitive damages arising from the use of our website or services.

Nothing in these Terms is intended to waive rights or responsibilities that cannot legally be waived under applicable law.

CHANGES TO THESE TERMS

We may update these Terms & Conditions periodically. The current version will be posted on our website with the date of the most recent update.

GOVERNING LAW

These Terms & Conditions are governed by the laws of the State of Illinois, without regard to conflict-of-law principles, except where federal law or another applicable law controls.

Questions regarding these Terms & Conditions may be directed to Evolve Fitness Chicago through the contact information provided on our website.

Evolve Fitness Chicago (“Evolve Fitness,” “Evolve,” “we,” “us,” or “our”) respects your privacy. This Privacy Policy explains how we collect, use, disclose, and protect information when you visit our website, submit an inquiry, become a client, communicate with us, or use our fitness and coaching services.

INFORMATION WE COLLECT

Depending on how you interact with Evolve Fitness Chicago, we may collect information including:

• Name
• Email address
• Telephone number
• Mailing address
• Age or date of birth when relevant
• Fitness goals and preferences
• Training experience
• Information you voluntarily provide regarding injuries, physical limitations, pregnancy/postpartum status, or other information relevant to your fitness program
• Appointment and scheduling information
• Membership and coaching information
• Communications between you and Evolve Fitness Chicago
• Marketing and communication preferences
• Payment and transaction information
• Website usage and device information
• IP address, browser information, cookies, and similar technologies
• Information submitted through advertising or lead-generation forms

Payment card information may be processed directly by third-party payment processors rather than stored directly by Evolve Fitness Chicago.

HOW WE COLLECT INFORMATION

We may collect information:

• Directly from you
• Through our website
• Through contact, consultation, registration, or enrollment forms
• Through phone, email, or text communications
• Through scheduling or coaching platforms
• Through social media and advertising platforms
• Through referrals
• Through authorized marketing and lead-generation partners
• Through cookies, analytics tools, and similar technologies

INFORMATION RECEIVED FROM MARKETING AND LEAD-GENERATION PARTNERS

Evolve Fitness Chicago may receive contact information from advertising platforms, referral partners, lead-generation providers, or other marketing partners.

Such information may include your name, telephone number, email address, geographic area, fitness interests, or information regarding your interest in fitness or coaching services.

We may use this information to evaluate your interest in our services and communicate with you as permitted by applicable law and the consent associated with the collection of your information.

We expect third-party partners providing personal information to Evolve Fitness Chicago to collect and provide that information lawfully. However, receipt of information from a third party does not by itself constitute consent for every form of marketing communication.

HOW WE USE INFORMATION

We may use personal information to:

• Respond to inquiries
• Schedule consultations or appointments
• Provide personal training and online coaching
• Match clients with appropriate trainers
• Personalize fitness programs
• Process payments
• Manage memberships and subscriptions
• Provide customer service
• Send service-related communications
• Send marketing communications where permitted
• Improve our website and services
• Analyze marketing performance
• Prevent fraud or misuse
• Maintain business records
• Comply with legal obligations

EMAIL MARKETING

We may use email addresses to send information regarding Evolve Fitness Chicago programs, services, promotions, events, educational content, and special offers as permitted by applicable law.

Recipients may unsubscribe from marketing emails using the unsubscribe mechanism included in our emails.

SMS/TEXT MESSAGE PRIVACY

Where you provide consent to receive text messages, we may use your telephone number to communicate with you according to the consent you provided.

Text messaging originator opt-in data and consent information will not be sold or shared with third parties for their own independent marketing or promotional purposes.

We may share information with service providers that assist us in delivering our communications, such as telecommunications, CRM, scheduling, and messaging providers, solely as necessary to provide those services on our behalf.

You may opt out of marketing text messages by replying STOP.

HOW WE SHARE INFORMATION

We may disclose information to service providers that help operate our business, including providers of:

• Website hosting
• Customer relationship management systems
• Scheduling systems
• Payment processing
• Fitness and coaching platforms
• Email delivery
• SMS/text messaging
• Analytics
• Advertising and marketing services
• Information technology and security
• Professional services

We may also disclose information when required by law, to protect our legal rights or the safety of others, in connection with a business transaction, or when you direct or authorize us to do so.

SALE OF PERSONAL INFORMATION

Evolve Fitness Chicago does not sell SMS opt-in consent or mobile telephone numbers to third parties for their independent marketing purposes.

If our broader data practices change in a manner that constitutes a “sale,” “sharing,” or similar regulated activity under an applicable privacy law, we will update this Privacy Policy and provide any rights or notices required by applicable law.

COOKIES AND ANALYTICS

Our website may use cookies, pixels, analytics technologies, and similar tools to understand website activity, measure advertising performance, improve our services, and provide relevant advertising.

Third-party platforms may collect information according to their own privacy policies.

Where required by applicable law, we will provide appropriate choices regarding these technologies.

DATA SECURITY

We use reasonable administrative, technical, and organizational safeguards designed to protect personal information.

However, no method of electronic transmission or storage can be guaranteed to be completely secure.

DATA RETENTION

We may retain personal information for as long as reasonably necessary to provide services, maintain business and financial records, comply with legal obligations, resolve disputes, enforce agreements, and fulfill the purposes described in this Privacy Policy.

YOUR COMMUNICATION CHOICES

You may:

• Unsubscribe from marketing emails using the unsubscribe link in an email.
• Opt out of marketing text messages by replying STOP.
• Contact us regarding your communication preferences.

Opting out of marketing communications does not necessarily prevent us from sending communications necessary to administer an active membership, appointment, transaction, subscription, or coaching relationship.

CHILDREN'S PRIVACY

Our website and online coaching services are not directed to children under 13, and we do not knowingly collect personal information online from children under 13 without appropriate authorization.

Services offered to minors may require the involvement and consent of a parent or legal guardian.

THIRD-PARTY LINKS AND SERVICES

Our website may contain links to third-party websites or use third-party services. Evolve Fitness Chicago is not responsible for the privacy practices of independently operated third parties.

CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy periodically. Any revised version will be posted on our website with an updated effective date.

If you have questions about this Privacy Policy or our privacy practices, please contact Evolve Fitness Chicago using the contact information provided on our website.