Terms of Service
Effective Date: September 17, 2026
1. Agreement to These Terms
These Terms of Service ("Terms") govern your access to and use of the Equilibrium Fitness Solutions ("EFS," "we," "our," or "us") website at www.efspd.com, our online booking tools, and any EFS-branded or affiliated digital application or service that links to these Terms (collectively, the "Services"). By using the Services, creating an account, submitting information, or booking an appointment, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
2. Eligibility and Accurate Information
You must be at least 18 years old to book services without the involvement of a parent or legal guardian. If you are booking for a minor, you represent that you are the minor's parent or legal guardian and have authority to consent to the minor's participation. You agree to provide accurate, current, and complete information and to update it when it changes.
3. Our Services Are Not Medical Advice
EFS provides fitness, mobility, flexibility, stretching, corrective exercise, personal training, golf performance, and related wellness services. The Services and any information provided through them are for general educational and fitness purposes only. They are not medical care, physical therapy, diagnosis, treatment, or a substitute for advice from a licensed healthcare professional.
Consult your physician or other qualified healthcare provider before beginning or changing an exercise program, especially if you have an injury, illness, medical condition, are pregnant or postpartum, or take medication. Tell your trainer about relevant limitations and stop immediately if you experience pain, dizziness, shortness of breath, or another concerning symptom. In an emergency, call 911 or your local emergency number.
4. Assumption of Fitness Activity Risks
You understand that exercise, stretching, strength training, mobility work, sports-performance testing, and related activities involve inherent risks. Those risks may include muscle soreness, strains, sprains, falls, aggravation of a pre-existing condition, cardiovascular events, or other injury, including serious injury or death. You voluntarily choose to participate after deciding that the activity is appropriate for you and accepting its inherent risks.
You agree to follow trainer instructions, use equipment as directed, disclose relevant health information, and promptly report pain, injury, or unsafe conditions. You are responsible for deciding whether to participate in any activity and for stopping when you believe participation is unsafe.
5. Bookings, Payments, and Cancellations
A booking request is not final until the Services display a confirmation or EFS otherwise confirms the appointment. Availability, trainers, times, and prices may change before confirmation. You agree to pay the price shown when you book. Payments are processed by Stripe, and Stripe's terms and privacy practices may also apply. EFS does not store your full payment-card number.
Appointment-specific cancellation, rescheduling, late-arrival, no-show, and refund terms may be shown during booking or communicated by EFS. Those service-specific terms control if they conflict with this section. Contact EFS as soon as possible if you need to change or cancel an appointment. EFS may cancel or reschedule an appointment when reasonably necessary and will communicate available options.
6. Acceptable Use
You may not use the Services to:
- Break the law, commit fraud, or impersonate another person.
- Interfere with, damage, overload, or gain unauthorized access to the Services or related systems.
- Scrape, copy, reverse engineer, decompile, or attempt to extract source code from the Services.
- Upload or transmit malicious code or content that violates another person's rights.
- Harass, threaten, abuse, or endanger EFS staff, trainers, clients, or other users.
We may suspend or restrict access to the Services when reasonably necessary to protect users, staff, the Services, or our legal rights.
7. User Content and Communications
You are responsible for information, messages, reviews, notes, and other content you submit through the Services ("User Content"). You represent that you have the right to submit it and that it is accurate and lawful. You grant EFS a limited, non-exclusive license to use User Content only as reasonably necessary to provide, operate, secure, and improve the Services and communicate with you. We handle personal information as described in our Privacy Policy.
8. Intellectual Property
The Services, including their text, graphics, branding, logos, design, code, photographs, videos, and other materials, are owned by or licensed to EFS and are protected by applicable intellectual-property laws. Except for the limited right to use the Services for their intended purpose, these Terms do not grant you any ownership or other rights in EFS property. FST™ and Fascial Stretch Therapy™ are trademarks of the Stretch to Win Institute.
9. Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, express or implied. EFS does not guarantee that the Services will be uninterrupted, error-free, secure, available at every time or location, or suitable for your particular goals or condition. Information on the Services may be incomplete, outdated, or inaccurate and should not be your only source for health or fitness decisions.
Nothing in these Terms excludes or limits a warranty, right, or liability that cannot lawfully be excluded or limited under applicable law.
10. Release and Limitation of Liability
To the fullest extent permitted by law, you release EFS and its owners, officers, employees, trainers, contractors, agents, and representatives from claims arising from your use of the Services or participation in EFS activities, including claims relating to ordinary negligence, except to the extent caused by a party's gross negligence, willful misconduct, fraud, or liability that cannot legally be released.
To the fullest extent permitted by law, EFS will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business interruption. EFS's total aggregate liability arising out of or relating to the Services will not exceed the greater of (a) the amount you paid to EFS for the specific service giving rise to the claim during the 12 months before the event, or (b) $100, except for liability that cannot legally be limited.
11. Indemnification
To the fullest extent permitted by law, you agree to indemnify and defend EFS and its owners, officers, employees, trainers, contractors, agents, and representatives from third-party claims, losses, liabilities, damages, costs, and reasonable attorneys' fees arising from your User Content, your violation of these Terms, your misuse of the Services, or your violation of another person's rights. This obligation does not apply to the extent a claim results from EFS's gross negligence, willful misconduct, or other liability that cannot legally be shifted to you.
12. Changes, Suspension, and Termination
We may modify the Services or these Terms from time to time. We will post the updated Terms and revise the effective date. Your continued use of the Services after an update means you accept the updated Terms. We may suspend or terminate your access for a material violation of these Terms or when needed to protect users, staff, or the Services. Provisions that by their nature should continue will survive termination, including ownership, disclaimers, releases, limitations of liability, indemnification, and dispute terms.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Subject to any rights you may have under applicable consumer-protection law, disputes relating to these Terms or the Services will be brought in the state or federal courts located in Riverside County, California, and you consent to their jurisdiction and venue. Before filing a claim, you agree to contact EFS and give us a reasonable opportunity to resolve the issue informally.
14. General Terms
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect and the unenforceable provision will be modified only as much as necessary to make it enforceable. Our failure to enforce a provision is not a waiver. These Terms, together with any service-specific terms and the Privacy Policy, are the entire agreement between you and EFS about the Services and supersede prior statements about the same subject.
15. Contact Us
If you have questions about these Terms, contact us:
Equilibrium Fitness Solutions
41-801 Corporate Way, Suite 13
Palm Desert, CA 92260
Email: nic@efspd.com
Phone: (760) 777-5768