
LEGAL
Terms of Service
Effective Date: May 1, 2026
These Terms of Service ("Terms") govern your use of the Flex 'n Burn website, mobile app, studio, classes, memberships, and related services (the "Services"). The Services are operated by Flex 'n Burn LLC ("Flex 'n Burn," "we," "us," or "our"), located in Valencia, CA.
By accessing our website, creating an account, purchasing a membership, booking a class, or entering our studio, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
Please read these Terms carefully. They contain a waiver and assumption of risk (Section 4), limitations on our liability (Section 12), and a binding arbitration agreement and class action waiver (Section 14) that affect your legal rights, including your right to sue in court or participate in a class action. You have a 30-day right to opt out of the arbitration agreement — see Section 14.7.
1. Eligibility
You must be at least 18 years old to create an account, purchase a membership, or sign a release on your own behalf. A parent or legal guardian must consent and sign for minors where permitted.
2. Memberships, Plans & Billing
Membership tiers, class packages, and intro offers are described at the point of purchase. Prices and offers are subject to change.
Recurring memberships renew automatically until canceled, in accordance with the disclosures shown at sign-up and California's Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.). You authorize Flex 'n Burn and our third-party software providers — Mariana Tek (operated by Xplor) and Stripe — to store and maintain your encrypted payment information and to charge your saved payment method on the schedule disclosed at purchase, including for any related fees such as late-cancellation, no-show, or guest fees.
Some membership plans require a non-cancellable minimum commitment of 3, 6, or 12 months. During the commitment period, you remain obligated for all scheduled payments through the end of the commitment and the plan cannot be canceled. After the commitment period, the plan automatically converts to a recurring month-to-month plan that auto-renews every 30 days until canceled. You may end a commitment plan effective at the end of the commitment term by providing 30 days' written notice before that end date; otherwise, it converts to month-to-month and the standard 30-day cancellation rule applies. Notice given less than 30 days before the next billing date will result in one additional billing before cancellation takes effect.
Recurring memberships require 30 days' written notice to cancel. A scheduled payment falling within that 30-day window will still be processed. You may submit cancellation requests in studio or through the cancellation form on our website.
All payments — including intro offers, class packs, prepaid memberships, and promotional offers — are non-refundable and non-transferable except where required by law (see Section 5). Unused class credits expire with the term of the plan and do not roll over.
If a payment fails, your access may be suspended until the balance is brought current. You agree to pay any reasonable collection costs we incur, including attorneys' fees, on past-due balances.
3. Class Booking, Cancellation & Attendance
Classes may be reserved up to one week (7 days) in advance. You must have an active plan or class credits in good standing to book. One class per day, per member.
Classes may be canceled or rescheduled up to 2 hours before the class start time, without penalty. Late cancels, late reschedules, and no-shows are charged a $15 fee.
Regular members should arrive 5–10 minutes before class. First-time clients must arrive 15 minutes early for a required pre-class orientation. Late arrivals may be denied entry for safety reasons and treated as late cancellations and subject to the late cancellation fee.
Waitlisting may or may not be applicable at Flex 'n Burn from time to time. If you add yourself to the waitlist, it's just like a reservation pending. Once a waitlisted reservation is confirmed, all booking and cancellation rules apply. If you are confirmed but do not show, or cancel within the window, you will be charged.
Classes are limited to 12 stations and are first-come, first-served. We may cancel, reschedule, combine or remove classes for low enrollment, instructor availability, facility issues or any other operational reason without notice. However, in case of these types of changes, we will make every attempt to provide as much notice as is reasonably possible.
4. Health, Fitness & Assumption of Risk
You acknowledge that resistance-based, high-intensity training is physically demanding and carries inherent risk of injury or illness. By using the Services, you represent that you are in good physical condition and have no medical condition that would make participation unsafe; that you have consulted (or been advised to consult) a physician before beginning an exercise program; that you will disclose injuries, conditions, pregnancy, or limitations to your coach before each class; and that you will follow staff instructions, posted rules, and equipment-use protocols at all times.
You voluntarily assume all risks associated with participation, including injury or illness arising from the use of equipment, facility conditions, instruction, other participants, slips, falls, or the transmission of any communicable disease. To the maximum extent permitted by California law, you waive and release Flex 'n Burn LLC, its owners, officers, employees, coaches, contractors, and agents from any claim, demand, cause of action, or damages arising from your use of the Services, except for liability that cannot be waived under California law (such as gross negligence or willful misconduct).
This waiver does not limit your rights under the California Health Studio Services Contracts Act (Cal. Civ. Code § 1812.80 et seq.), including the cooling-off cancellation right and the right to cancel upon disability, relocation more than 25 miles from any Flex 'n Burn location, or studio closure. Specific cancellation rights are also disclosed in your membership agreement.
5. California Cancellation Rights (Health Studio Services Contracts)
In addition to the cancellation terms in Section 2, California members have the following rights for prepaid or long-term contracts under Cal. Civ. Code § 1812.80 et seq.
You may cancel any membership contract within 5 business days of signing, for any reason, and receive a full refund. Longer cooling-off periods apply to higher-value prepaid contracts as required by California law; the specific period applicable to your contract is disclosed in your membership agreement. Submit a written cancellation request in studio or to info@flexnburn.com.
If a physician certifies in writing that you are physically unable to use the studio for 30 or more consecutive days, you may cancel and receive a prorated refund of unused, prepaid amounts. You must submit a signed letter from a licensed physician on letterhead stating the nature and expected duration of the disability. Cancellation takes effect upon our receipt and verification of the documentation.
If you permanently move more than 25 miles from any Flex 'n Burn studio, you may cancel and receive a prorated refund of unused, prepaid amounts. You must submit documentation of your new permanent residence — such as a recent utility bill, lease or rental agreement, mortgage statement, or updated government-issued ID showing the new address. As permitted under Cal. Civ. Code § 1812.89, we may withhold from the refund a cancellation fee of up to $100, or up to $50 if more than half of your contract term has expired. Cancellation takes effect upon our receipt and verification of the documentation.
If we cease operating, you may cancel and receive a prorated refund of unused, prepaid amounts. A contract terminates upon the member's death; the member's estate or next of kin may submit a death certificate or other reasonable documentation to info@flexnburn.com to process the termination and any prorated refund.
To exercise any of these rights, submit your written notice and supporting documentation to info@flexnburn.com or in studio. We reserve the right to request additional reasonable documentation to verify a claim. Refunds for verified cancellations will be issued within 10 days of our receipt of a valid cancellation notice with all required documentation, as provided by Cal. Civ. Code § 1812.85(b)(5).
6. Code of Conduct
Members and guests agree to treat staff and other members with respect. The following will result in suspension or termination without refund:
- Harassment, intimidation, or discrimination based on race, sex, gender identity, sexual orientation, religion, national origin, age, or disability
- Use of the studio under the influence of alcohol or illegal drugs
- Photographing or recording other members without consent
- Misuse of, or damage to, equipment or facilities
- Solicitation, outside personal training, or commercial activity on premises without written authorization
- Sharing your account or class credits with another person
7. Personal Property
You bring personal property into the studio at your own risk. We are not liable for lost, stolen, or damaged items, including items left in cubbies, lockers, or restrooms.
8. Communications & Consent
By providing your email, you consent to receive transactional and informational emails (bookings, billing, account notices). You may opt out of marketing emails at any time using the unsubscribe link.
If you opt in to text messages, you consent to receive automated marketing and transactional texts from Flex 'n Burn at the number you provide. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to opt out, HELP for help. Frequency varies. See our Privacy Policy for details.
9. Intellectual Property
The Flex 'n Burn name, logo, "Get In. Get Fit. Get Out 'N 30!", training methodology, website content, photographs, videos, and graphics are owned by or licensed to Flex 'n Burn LLC and are protected by U.S. and international intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works without our prior written consent.
10. Use of the Website
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for personal, non-commercial purposes. You may not copy, reproduce, scrape, frame, mirror, or republish any part of the site without our prior written consent.
When using our website or app, you agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable law
- Attempt to access another member's account, share login credentials, or impersonate any person
- Upload, transmit, or distribute viruses, malware, or any code intended to disrupt, damage, or interfere with the Services
- Use bots, scrapers, crawlers, or automated means to access, collect, or extract data from the Services
- Probe, scan, or test the vulnerability of any system or network connected to the Services
- Interfere with other users' use of the Services, including by harassment, spam, or unsolicited solicitation
- Use the Services to develop a competing product or service
If you send us comments, suggestions, ideas, or other feedback about the Services, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, modify, and incorporate that feedback for any purpose without compensation or obligation to you. Do not share confidential or proprietary information that you do not want us to use freely.
We work to keep the website accurate and up to date but do not warrant that descriptions, schedules, pricing, or other information posted on the Services are error-free, complete, or current. We may correct or update content at any time without notice.
11. Third-Party Services
Our website integrates third-party services, including Mariana Tek (operated by Xplor) for scheduling and payments, Stripe for payment processing, email and SMS providers, and Google for analytics. These third parties operate under their own terms and privacy policies. We are not responsible for their content, performance, or practices.
12. Disclaimers; Limitation of Liability
The Services are provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the website will be uninterrupted, error-free, or secure.
To the maximum extent permitted by law, Flex 'n Burn LLC's total liability for any claim arising out of or relating to the Services will not exceed the greater of (a) the amount you paid us in the 6 months before the claim or (b) $100. We will not be liable for indirect, incidental, special, consequential, or punitive damages. Some limitations may not apply to you under California law.
13. Indemnification
You agree to indemnify and hold harmless Flex 'n Burn LLC and its owners, officers, employees, and agents from any third-party claim arising out of your breach of these Terms, your misuse of the Services, or your violation of any law or third-party rights.
14. Dispute Resolution; Binding Arbitration; Class Action Waiver
Please read this Section carefully. It may significantly affect your legal rights, including your right to bring a lawsuit in court or participate in a class action.
14.1 Informal Dispute Resolution.
Before initiating arbitration or any formal proceeding, you and Flex 'n Burn agree to first attempt to resolve any dispute, claim, or controversy informally for at least 30 days. To begin, send a written notice describing the dispute and the relief sought to info@flexnburn.com. We will respond and work in good faith to resolve the matter. Most disputes can be resolved this way.
14.2 Agreement to Binding Arbitration.
If informal resolution does not produce a written agreement within 30 days, you and Flex 'n Burn agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including their formation, performance, breach, interpretation, or enforceability — shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at www.adr.org. The arbitration will be conducted by a single neutral arbitrator. The arbitrator shall have exclusive authority to resolve all disputes, including the scope, applicability, and enforceability of this arbitration agreement. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.
14.3 Class Action Waiver.
You and Flex 'n Burn each agree that any dispute will be resolved in an individual capacity only, 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 determines that this class action waiver is unenforceable as to any particular claim, that claim must be severed from arbitration and brought in a court of competent jurisdiction, while all remaining claims must proceed in arbitration on an individual basis.
14.4 Exceptions.
The following are not subject to arbitration under this Section 14: (a) individual claims brought in small claims court for any matter within that court's jurisdiction; (b) non-individual representative claims brought under California's Private Attorneys General Act (Cal. Lab. Code § 2698 et seq.); and (c) requests for injunctive or equitable relief in court to protect intellectual property rights.
14.5 Costs of Arbitration.
Filing, administrative, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules. To the extent the AAA filing fee for a consumer arbitration exceeds $250, Flex 'n Burn will pay the excess. Each party is otherwise responsible for its own attorneys' fees and costs, except where applicable law provides for fee-shifting.
14.6 Location of Arbitration.
The arbitration will take place in Los Angeles County, California, or, at the member's election, by videoconference or telephone. In-person arbitration will be held at a location reasonably convenient to the member.
14.7 30-Day Right to Opt Out.
You have the right to opt out of this arbitration agreement and class action waiver. To opt out, send a written notice to info@flexnburn.com within 30 days of the date you first agreed to these Terms (or, for existing members at the time these Terms become effective, within 30 days of the effective date). The notice must include your full name, the email address associated with your account, your mailing address, and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other provision of these Terms or your relationship with Flex 'n Burn.
14.8 Governing Law and Venue for Non-Arbitrable Claims.
These Terms are governed by the laws of the State of California, without regard to conflicts-of-laws principles. For any claim not subject to arbitration under this Section 14, the parties consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and waive any objection to venue in those courts.
14.9 Survival.
This Section 14 survives termination of these Terms or your account.
15. Termination
We may suspend or terminate your account, membership, or access to the Services at any time for violation of these Terms, non-payment, or conduct that we determine, in our sole discretion, is harmful to staff, members, or the studio. The following Sections survive termination of these Terms or your membership: Section 4 (Health, Fitness & Assumption of Risk), Section 7 (Personal Property), Section 9 (Intellectual Property), Section 12 (Disclaimers; Limitation of Liability), Section 13 (Indemnification), Section 14 (Dispute Resolution; Binding Arbitration; Class Action Waiver), and any other provisions that by their nature should survive.
16. Changes to These Terms
We may update these Terms from time to time. Material changes will be posted with a revised effective date. Continued use of the Services after changes take effect constitutes acceptance.
17. Contact
Flex 'n Burn LLC
24510 Town Center Drive, Unit 160, Santa Clarita, CA 91355
Phone: (661) 990-8335
Email: info@flexnburn.com
Please review with a legal professional before launch.