Terms and Conditions

1. Who We Are; No Medical Care or Advice

BeFreeFitness is a functional fitness and performance company. We are not a medical provider, health care facility, or licensed medical practitioner, and our trainers, coaches, staff, and representatives are not medical doctors, nurses, physician assistants, physical therapists, chiropractors, or other licensed medical professionals. Nothing in the Services is intended to diagnose, treat, cure, or prevent any disease or medical condition, nor to provide professional medical advice. If you have or suspect you have any medical condition, injury, or illness, you should promptly consult a qualified health care professional.

2. Use of Deep Learning and AI; No Guarantee; Potential for Error

We use computer vision, deep learning, and other artificial intelligence (AI)methods to analyze videos you provide and to help generate or tailor suggested exercises, movement cues, and training plans. AI and computer algorithms can be wrong, incomplete, biased, or otherwise produce inaccurate or unsafe recommendations. The output you receive is informational and educational onlyand must be evaluated using your own judgment and common sense. You are responsible for deciding whether, how, and when to follow any recommendation. If you are confused by, disagree with, or question any exercise, movement, or program, do not perform it and contact us with your questions before proceeding.

3. Not All Conditions Are Addressable by Functional Fitness

Some injuries, dysfunctions, pain syndromes, or movement limitations cannot be corrected or improved through functional fitness or exercise. Our Services may not be appropriate for every person, and results are not guaranteed.

4. Stop if You Feel Pain; Seek Care When Needed

If you experience pain, dizziness, shortness of breath, chest pain, numbness/tingling, sharp or worsening discomfort, or any other concerning symptom, stop immediately and seek medical attention. If symptoms persist, worsen, or you otherwise feel unwell, discontinue use of the Servicesand consult a physician.

5. Eligibility; Your Representations

By using the Services, you represent and warrant that:

• You are at least 18 years old (or the age of majority in your jurisdiction). If you are under 18, a parent/guardian must review and accept these terms and directly supervise your use.
• You have been cleared by a physician for physical activity or have decided to participate in exercise at your own risk.
• You will provide accurate, current, and complete information, including clear, truthful videos of your movements, and you will follow all safety instructions we provide.

6. Video Content and Data Processing; Comprehensive Consent

Legal Basis for Processing (GDPR Compliance): We process your data based on your explicit consent (Article 6(1)(a) GDPR) and legitimate interests in providing fitness services (Article 6(1)(f) GDPR). For biometric data processing, we rely on your explicit consent (Article 9(2)(a) GDPR).

US State Law Compliance: This consent covers requirements under California Consumer Privacy Act (CCPA), Illinois Biometric Information Privacy Act (BIPA), Texas biometric privacy laws, and other applicable state privacy laws.

Withdrawal of Consent: You may withdraw your consent at any time by contacting us. However, withdrawal may limit our ability to provide services to you.

7. Inherent Risks; Assumption of Risk

Physical exercise—including strength training, conditioning, mobility work, plyometrics, cardiovascular activity, and use of any equipment—carries inherent and unavoidable risks, including but not limited to musculoskeletal injury, falls, overexertion, dehydration, cardiac events, and, in rare cases, death.YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ALL RISKS associated with your participation in any activities recommended by the Services, whether arising from your actions, our actions, third-party actions, facility/equipment conditions, or any other cause.

8. Waiver, Release, and Hold Harmless

To the maximum extent permitted by law, you hereby waive, release, discharge, and hold harmlessBeFreeFitness, its affiliates, officers, directors, employees, contractors, coaches, licensors, and agents (collectively, the "Released Parties") from any and all claims, demands, causes of action, damages, losses, costs, expenses, or liabilities of any kind (including personal injury, property damage, wrongful death, and attorneys' fees) arising out of or related to your use of the Services, your participation in any exercise or program, or your reliance on any information provided by the Services, whether arising in contract, tort (including negligence, ordinary or gross, to the extent permitted by law), strict liability, or otherwise, even if a Released Party has been advised of the possibility of such damages. This waiver and release applies to claims based on alleged AI or algorithmic errors, misclassifications, or omissions.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and againstany third‑party claims and all related damages, losses, and expenses (including reasonable attorneys' fees and costs) arising out of or related to (a) your breach of this disclaimer or any applicable terms; (b) your misuse of the Services; (c) your violation of law or the rights of any third party; or (d) your uploading or sharing of videos or content.

10. No Warranties; Limitation of Liability

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, or non‑infringement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES' TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR DISCLAIMER OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES.

11. Safety Responsibilities

You are solely responsible for (a) maintaining a safe exercise environment; (b) using appropriate equipment in good condition; (c) warming up, progressing gradually, and honoring your personal limits; and (d) consulting a clinician regarding any injury, illness, pregnancy, or post‑operative status before using the Services.

12. Geographic Scope; Compliance

The Services are offered nationally within the United States. You are responsible for compliance with local laws applicable to you. We do not guarantee that the Services are appropriate or available outside the United States.

13. Dispute Resolution; Governing Law; Venue; Class Action Waiver

Governing Law and Venue. This Disclaimer and any dispute or claim arising out of or relating to the Services shall be governed by the laws of the State of Colorado, without regard to conflict‑of‑laws principles. Exclusive jurisdiction and venue for any suit, action, or proceeding shall rest in the state courts located in Boulder County, Colorado and the federal courts for the District of Colorado, and you consent to personal jurisdiction there.

Class Action/Jury Waiver. TO THE FULLEST PERMITTED BY LAW, YOU AND BEFREEFITNESS WAIVE THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION AND WAIVE ANY RIGHT TO A JURY TRIAL. If a court finds this paragraph unenforceable, the remainder shall still apply.

14. Severability; Survival; Entire Agreement

If any provision of this Disclaimer is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Sections intended to survive (including Assumption of Risk, Waiver/Release, Indemnification, and Limitation of Liability) shall survive termination of your use of the Services. This Disclaimer supplements and is incorporated into our Terms of Use and Privacy Policy.

15. Contact

Questions? Contact us at: BeFreeFitness, Boulder, Colorado. In emergencies, call 911 or your local emergency number.