Last Updated: August 28, 2025
Welcome to Rx Strength Training LLC, a Massachusetts limited liability company (“Company,” “Rx,” “we,” “us,” or “our”). These Terms and Conditions (the “Agreement”) govern your relationship with Rx and your access to and use of our website, scheduling systems, payment portals, communication tools, virtual services, and physical training facilities, equipment, and services (collectively, the “Services”).
This Agreement contains important information regarding your legal rights, including an acknowledgement of risk, a release of liability, rules for 24-hour unstaffed access, and a binding arbitration provision. Please read it carefully.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. If you do not agree to these terms, you may not access or use our Services.
Adherence to these rules is a material condition of this Agreement and is required for any Participant to access or use the Facility.
2.1. Access & Membership
2.2. Safety & Equipment Use
2.3. Hygiene & Cleanliness
2.4. Code of Conduct & Gym Etiquette
2.5. Intellectual Property. All content provided through the Services, including but not limited to text, graphics, logos, images, slogans, and training methodologies, is the property of Rx Strength Training or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, or distribute this content without our express written permission.
By utilizing our unstaffed 24-hour access service, you voluntarily accept and assume all the following conditions and risks.
4.1. Independent Providers. Certain services, such as physical therapy, may be provided by independent contractors or third-party businesses (“Independent Providers”) who are not employees or agents of Rx. Rx does not supervise, direct, or control the professional judgment or services of any Independent Provider and is not responsible for any act, omission, or advice provided by them. You agree to pursue any claims arising from the services of an Independent Provider directly against that provider.
4.2. Disclaimer of Medical Advice. Nutrition counseling, physical therapy, and related services provided at or through Rx are for informational and educational purposes only. These services are not a substitute for medical advice, diagnosis, or treatment from a qualified healthcare provider. All professionals will operate strictly within the scope of their professional licensure.
5.1. Acknowledgment and Assumption of Risk. You acknowledge that participation in Activities is an inherently dangerous activity that involves significant risks of physical injury, serious disability, or death. These risks include, but are not limited to: physical injury from any cause whatsoever; equipment malfunction; the actions or negligence of others; and the aggravation of pre-existing medical conditions. By using the Services, you knowingly and voluntarily accept and assume full responsibility for any and all inherent risks, injuries, or damages that you might incur.
5.2. Health and Fitness Representation. You represent that you are in good physical condition and have no medical reason that would prevent you from safely participating in the Activities. You acknowledge that Rx is not a medical organization and its staff cannot provide medical advice. You are responsible for consulting with a physician regarding your participation in the Activities.
5.3. Waiver and Release of Liability. In consideration for being permitted to participate in the Activities, you, on behalf of yourself, your heirs, and personal representatives, do hereby release, waive, discharge, and covenant not to sue Rx Strength Training, LLC, its officers, members, employees, and agents (“Released Parties”) from any and all liability, claims, and causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, whether caused by the ordinary negligence of the Released Parties or otherwise, while participating in the Activities. This waiver does not extend to claims for gross negligence or willful misconduct by the Released Parties.
5.4. Minors and Guardian Responsibilities. No individual under the age of eighteen (18) may participate in any Activity without the express written consent of a parent or legal guardian ("Guardian"). The Guardian assumes full responsibility for the safety, conduct, and compliance of the minor with all terms of this Agreement. Our services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13, in compliance with the Children's Online Privacy Protection Act (COPPA).
5.5. Animal Policy and Owner's Assumption of Strict Liability. As a material condition of bringing an animal into the Facility, you, the Owner, agree that you are solely responsible for the care, custody, and control of the animal and shall be considered the sole "owner and keeper" for all purposes under Massachusetts law, including M.G.L. c. 140, § 155. You accept full, complete, and strict liability for any personal injury or property damage caused by your animal and agree to defend, indemnify, and hold harmless the Released Parties from any and all claims related to the presence or conduct of your animal on the premises.
5.6. Indemnification. You agree to defend, indemnify, and hold harmless Rx and its officers, members, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Services; (ii) your violation of any term of this Agreement; or (iii) your violation of any third-party right.
6.1. Our Commitment to Your Privacy. We are committed to protecting your privacy. We have developed, implemented, and maintain a comprehensive Written Information Security Program (WISP) as required by Massachusetts law (M.G.L. c. 93H and 201 CMR 17.00). Our WISP includes administrative, technical, and physical safeguards designed to protect your personal information from unauthorized access, use, or disclosure.
6.2. Information We Collect. We collect only the personal information necessary to provide you with our services. This may include:
6.3. How We Use Your Information. We use your data for specific, legitimate purposes.
6.4. Third-Party Service Providers. We use trusted third-party service providers for client scheduling, payment processing, and website analytics. As required by Massachusetts law, we take reasonable steps to select vendors capable of maintaining appropriate security and require them by contract to implement and maintain security measures for your personal information.
6.5. Data Security and Retention. Our security measures include encryption of personal information transmitted over public networks and stored on portable devices, strict access controls, and up-to-date network security. We retain your personal information only as long as necessary to fulfill the purposes for which it was collected, including for legal, accounting, or reporting requirements.
6.6. Your Rights and Choices. You may request to access, correct, or delete your personal data, unless retention is required for legal or operational reasons. For any questions or requests about your privacy, please contact us at our dedicated privacy email: privacy@rxstrengthtraining.com.
7.1. Rules Violations and Liquidated Damages. Allowing unauthorized individuals to access the Facility ("tailgating") poses a significant security and liability risk. The actual damages are difficult to ascertain. Therefore, for each instance of tailgating, you agree to pay Rx the sum of $250.00 as liquidated damages. This amount is a reasonable forecast of the potential harm and costs and is not a penalty. This is in addition to any other rights Rx may have, including membership revocation.
7.2. Membership, Conduct, and Revocation. Rx reserves the right, at its sole discretion, to revoke and cancel a Participant's membership or access for violating any rule or for conduct deemed unsafe, disruptive, or disrespectful. Rx will comply with all applicable Massachusetts laws regarding membership cancellation and refunds, including M.G.L. c. 93, §§ 78-89.
7.3. Cancellation Rights & Refund Policy.
ADDITIONAL RIGHTS TO CANCELLATION: YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT OR THE DATE OF YOUR RECEIPT TO THE ADDRESS SPECIFIED IN THIS AGREEMENT. You or your estate may also cancel this contract if you cannot receive services due to a doctor's order for a period exceeding three months; in case of your death; if the services are no longer available; or if you move more than twenty-five (25) miles away. All monies paid will be refunded within fifteen (15) days of receipt of such notice, less a proportional amount for services already used.
7.4. Media and Likeness Release. By entering the Facility, you grant Rx permission to photograph, record, or film your name, image, likeness, and voice ("Likeness") for any lawful purpose, including marketing and advertising, without further notice or compensation. An adult may revoke this permission for future uses by providing written notice.
7.5. GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any dispute, claim, or controversy arising out of or relating to this Agreement shall be determined by binding individual arbitration in Middlesex County, Massachusetts, administered by a nationally recognized arbitration provider in accordance with its consumer arbitration rules. YOU AND RX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. By entering into this Agreement, you and Rx are each waiving the right to a trial by jury or to participate in a class action. The prevailing party in any action to enforce this Agreement shall be entitled to recover its reasonable attorneys' fees and costs.
7.6. General Provisions. This Agreement constitutes the entire understanding between the Participant and Rx. If any provision is found to be invalid, the remaining provisions shall remain in full force. We reserve the right to modify this Agreement at any time and will update the “Last Updated” date. Your continued use of the Services after any such changes constitutes your acceptance of the new Agreement. We may, in our sole discretion, suspend or terminate your access to the Services at any time for breach of this Agreement. For general questions, please contact us at info@rxstrengthtraining.com. For privacy-specific inquiries, please use the email provided in Section 6.6.