TermsofService

These Terms of Service ("Terms") govern your use of the website https://www.bigdayfit.com and any related services provided by Big Day Fitness LLC ("we," "us," or "our"), including our SMS/text messaging program. By using our website or services, you agree to these Terms.

1. Acceptance of Terms

By accessing our website, submitting any form, or opting in to receive communications from us, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our website or services.

2. Services

Big Day Fitness LLC provides fitness training, coaching, and related wellness services. Details about specific programs, pricing, and availability are provided on our website and through direct communication.

3. SMS/Text Messaging Terms

This section governs your participation in our SMS/text messaging program.

Program Description

Big Day Fitness LLC offers a recurring SMS messaging program for marketing and promotional purposes. Messages may include information about fitness programs, membership offers, class schedules, events, promotions, and other marketing content.

Opt-In

You opt in to receive marketing SMS messages from Big Day Fitness LLC by voluntarily providing your phone number and submitting a form on our website (https://www.bigdayfit.com) that includes clear disclosure about our messaging program. By opting in, you expressly consent to receive recurring promotional text messages at the phone number provided.

Consent Is Not Required for Purchase

Your consent to receive SMS messages is not a condition of purchasing any goods or services from Big Day Fitness LLC.

Message Frequency

Message frequency varies based on promotions and business activity. You may receive up to 8 messages per month.

Message and Data Rates

Standard message and data rates may apply as determined by your wireless carrier. Big Day Fitness LLC is not responsible for any charges incurred from your carrier.

How to Opt Out

You may opt out of receiving SMS messages at any time by replying STOP to any message from us. You will receive a single confirmation message after opting out. No further marketing messages will be sent unless you re-opt in.

How to Get Help

Reply HELP to any message for assistance, or contact us using the information in Section 10 below.

Supported Carriers

Our SMS program is supported by major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages.

Consent Records

By opting in, you acknowledge that we will maintain a record of your consent, including your phone number, the date and time of opt-in, and the source of your opt-in (web form URL), in accordance with applicable laws and regulations.

4. User Responsibilities

You agree to:

• Provide accurate and current information when using our website or submitting forms.
• Use our website and services only for lawful purposes.
• Not attempt to interfere with the operation of our website or services.

5. Intellectual Property

All content on our website, including text, images, logos, and graphics, is the property of Big Day Fitness LLC and is protected by applicable intellectual property laws. You may not copy, reproduce, or distribute our content without our prior written consent.

6. Limitation of Liability

To the fullest extent permitted by law, Big Day Fitness LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website, services, or SMS messaging program. This includes, but is not limited to, damages from delayed or undelivered messages.

7. Indemnification

You agree to indemnify and hold harmless Big Day Fitness LLC, its officers, directors, employees, and agents from any claims, losses, or damages arising from your use of our website or services, or your violation of these Terms.

8. Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts of Plymouth County, Massachusetts.

9. Changes to These Terms

We reserve the right to update these Terms at any time. We will notify you of material changes by posting the revised Terms on our website with an updated effective date. Your continued use of our website or services after changes are posted constitutes acceptance of the revised Terms.