FITLAB MOVE

TERMS OF SERVICE

FitLab Move, S-Corporation  |  Austin, Texas

Effective Date: August 9, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR WEBSITE OR PARTICIPATING IN ANY FITLAB MOVE SERVICES. BY ACCESSING OUR WEBSITE OR PURCHASING ANY SERVICE OR MEMBERSHIP, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.

Table of Contents

1.  Introduction / Preamble

2.  Acceptance of Terms

3.  Eligibility

4.  Description of Services

5.  Scope of Services and Clinical Boundaries

6.  Nutrition, Detoxification, and Supplement Guidance

7.  Legal Separation of FitLab Move and FitLab Rehab

8.  Account Creation & Wodify Platform

9.  Membership & Payment Terms

10.  Cancellation & Refund Policy

11.  Intellectual Property

12.  User Conduct

13.  Health & Safety Disclaimer

14.  Liability Limitation & Release

15.  Indemnification

16.  Photography & Media Consent

17.  Third-Party Services

18.  Privacy

19.  Modifications to Terms

20.  Governing Law & Jurisdiction

21.  Dispute Resolution

22.  Force Majeure

23.  Severability

24.  Entire Agreement

25.  Contact Information

1. INTRODUCTION / PREAMBLE

Welcome to FitLab Move. FitLab Move is a boutique fitness studio organized and operating as an S-Corporation under the laws of the State of Texas, owned solely by Dorea Wilder, and located in Austin, Texas. FitLab Move is dedicated to providing high-quality, personalized movement and fitness services to its members and clients in a professional, safe, and supportive environment.

These Terms of Service (hereinafter "Terms") govern your access to and use of the FitLab Move website (the "Website") and your participation in any and all FitLab Move services, programs, sessions, and offerings (collectively, "Services"). These Terms constitute a legally binding agreement between you ("Member," "Client," or "User") and FitLab Move.

These Terms should be read in conjunction with the FitLab Move Privacy Policy, which is incorporated herein by reference. By using the Website or participating in any FitLab Move Services, you acknowledge that you have read, understood, and agree to be bound by both these Terms and the Privacy Policy.

If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Website and refrain from participating in any FitLab Move Services.

2. ACCEPTANCE OF TERMS

2.1 Agreement to Terms. By accessing or using the FitLab Move Website, purchasing any service, class, session, or membership, or participating in any FitLab Move program or offering, you expressly acknowledge and agree to be bound by these Terms, all applicable laws and regulations, and any additional guidelines, policies, or rules posted on the Website or provided to you at the studio.

2.2 Manner of Acceptance. Your acceptance of these Terms may be evidenced by any of the following:

●      Electronic acknowledgment or click-through acceptance on the Website or through the Wodify platform;

●      Accessing or browsing the FitLab Move Website;

●      Purchasing, registering for, or attending any FitLab Move service or program; or

●      Physical signature on a FitLab Move intake form, membership agreement, waiver, or any other studio document.

2.3 Minors. The FitLab Move Website and Services are not directed to individuals under the age of sixteen (16). Individuals between the ages of sixteen (16) and seventeen (17) may access certain Services only with the written consent and co-signature of a parent or legal guardian on all required intake forms and liability waivers. Individuals under the age of sixteen (16) may not use the Website or participate in any FitLab Move Services under any circumstances without prior written approval from FitLab Move management.

3. ELIGIBILITY

3.1 Age Requirement. To access and use the Website and participate in FitLab Move Services independently, you must be at least eighteen (18) years of age. Individuals who are sixteen (16) or seventeen (17) years of age may participate in certain Services only upon submission of a completed and signed parental or legal guardian consent form, in a form acceptable to FitLab Move, prior to participation.

3.2 Legal Capacity. By accessing the Website or agreeing to these Terms, you represent and warrant that you have the full legal right, authority, and capacity to enter into a binding contractual agreement under applicable law, that you are not under any legal disability or subject to any order that would prevent your entry into this agreement, and that all information you provide to FitLab Move is accurate, complete, and current.

3.3 Right to Refuse Service. FitLab Move reserves the right, in its sole and absolute discretion, to refuse service, terminate memberships, or deny access to its Website or studio to any individual at any time and for any lawful reason, including but not limited to violations of these Terms, the studio Code of Conduct, applicable law, or conduct that FitLab Move determines to be unsafe or detrimental to the studio environment.

4. DESCRIPTION OF SERVICES

4.1 Overview. FitLab Move provides a range of professional fitness and wellness services at its Austin, Texas studio location. All Services are delivered by credentialed fitness professionals employed by or contracted with FitLab Move. Current Service offerings include, but are not limited to, the following:

●      Movement Analysis Sessions: Comprehensive assessment and evaluation of a client's movement patterns, mobility, posture, and biomechanics to identify areas of strength, limitation, and opportunity for improvement. Movement analysis sessions are conducted on a one-on-one or small-group basis and are designed to inform and guide individualized training programming.

●      Strength and Conditioning Coaching: Structured, coach-led programming focused on the development of muscular strength, power, endurance, and overall physical conditioning. Sessions are designed and supervised by qualified strength and conditioning coaches and are adapted to each client's current fitness level, goals, and any documented physical limitations.

●      Semi-Private Training Sessions: Small-group training sessions conducted with a limited number of participants per session, allowing for individualized attention within a collaborative group environment. The maximum number of participants per semi-private session will be as specified on the FitLab Move Website and Wodify scheduling platform at the time of booking.

●      General Fitness and Wellness Coaching: Broad-based fitness coaching addressing overall health, lifestyle, and wellness goals. This may include programming guidance, accountability coaching, habit development, and general fitness education.

●      Related Fitness Programs and Offerings: FitLab Move may offer additional programs, workshops, challenges, or specialty sessions from time to time, as described on the Website and Wodify platform. The terms and conditions of such programs will be communicated at the time of enrollment.

4.2 Location of Services. All FitLab Move Services are provided at the FitLab Move studio located in Austin, Texas, unless otherwise explicitly stated in writing by FitLab Move at the time of service offering.

4.3 Modification or Discontinuation of Services. FitLab Move reserves the right, in its sole discretion, to modify, suspend, expand, or discontinue any Service, program, session type, or offering at any time. FitLab Move will use reasonable efforts to provide advance notice of any material changes to ongoing Services. Discontinuation of a specific Service does not entitle a Member to a refund unless otherwise required under these Terms or applicable law.

4.4 Not Medical Professionals. The coaches and instructors employed by or contracted with FitLab Move are credentialed fitness professionals. They are not licensed physicians, physical therapists, registered dietitians, or otherwise licensed medical or healthcare professionals. Nothing provided by FitLab Move coaches, instructors, or staff, whether verbal, written, or in any programming materials, constitutes medical advice, medical diagnosis, or a substitute for professional medical care. Members are strongly encouraged to consult a licensed physician before beginning any fitness program.

5. SCOPE OF SERVICES AND CLINICAL BOUNDARIES

5.1 Fitness and Wellness Services Provided. FitLab Move provides fitness training, group classes, movement coaching, and general wellness programming to its Members and Clients. These services are delivered by credentialed fitness professionals and are designed to support Members' physical fitness, conditioning, and general wellness goals within the scope of a professional fitness studio environment.

5.2 Clinical Services Not Provided. FitLab Move does not provide clinical nutrition counseling, medical nutrition therapy, detoxification protocols, or clinical supplement guidance of any kind. FitLab Move is a fitness studio and does not hold, and its personnel do not operate under, the licenses, credentials, or regulatory authorizations required to deliver clinical nutrition or medical services under applicable Texas or federal law, including without limitation the Texas Dietitian Licensure Act, Texas Occupations Code Chapter 701.

5.3 Services Outside FitLab Move's Scope. The following services fall expressly outside the scope of FitLab Move's programming, offerings, and licensure, and are not available through FitLab Move under any circumstances:

●      Individualized clinical nutrition plans or medical nutrition therapy;

●      Detoxification programs or medically supervised cleanse protocols;

●      Therapeutic supplement protocols, including the recommendation, administration, or sale of professional-grade or prescription supplement lines; and

●      Any other service requiring licensure as a registered dietitian, licensed dietitian, physician, or other licensed healthcare professional under Texas or federal law.

Members with clinical nutrition needs, supplement requirements, or health conditions requiring professional dietary management are advised to seek services from an appropriately licensed healthcare provider. FitLab Move may refer Members to FitLab Rehab for clinical evaluation, but such a referral does not guarantee care or establish a patient relationship without FitLab Rehab's independent intake and acceptance process.

6. NUTRITION, DETOXIFICATION, AND SUPPLEMENT GUIDANCE

6.1 General Wellness Education Only. General wellness education — such as hydration reminders, encouragement of broadly recognized healthy eating habits, and general lifestyle guidance consistent with established public health recommendations — may be offered incidentally by FitLab Move coaches or staff as part of fitness programming. Such incidental wellness education does not constitute, and shall not be construed as, clinical nutrition advice, medical nutrition therapy, dietary assessment, or any other regulated nutrition service under the Texas Dietitian Licensure Act (Tex. Occ. Code Ch. 701) or applicable federal law, including the Dietary Supplement Health and Education Act of 1994 (DSHEA), 21 U.S.C. § 321 et seq.

6.2 Clinical Nutrition and Supplement Services Through FitLab Rehab. Any clinical nutrition guidance, medical detoxification protocols, or therapeutic supplement recommendations — including those involving Apex Energetics products or any other professional-grade supplement line — must be sought exclusively through FitLab Rehab, a separate and legally distinct chiropractic and sports medicine practice. FitLab Rehab operates independently from FitLab Move and is governed by its own terms of service, clinical policies, and applicable healthcare regulations. FitLab Move has no authority to direct, oversee, or bind FitLab Rehab with respect to clinical services.

6.3 Apex Energetics and Professional-Grade Supplement Lines. Apex Energetics products and all similar professional-grade or practitioner-only supplement lines are not sold, recommended, prescribed, or administered through FitLab Move. Access to such products and related clinical protocols requires an independently established patient relationship with FitLab Rehab and is governed exclusively by FitLab Rehab's separate terms of service, intake forms, and clinical protocols. No purchase, inquiry, or referral made through FitLab Move creates any entitlement to Apex Energetics products or any other professional-grade supplement under FitLab Rehab's clinical programs.

6.4 Limitations on FitLab Move Staff Authority. Members expressly acknowledge and agree that no FitLab Move staff member, trainer, coach, or other FitLab Move personnel — regardless of any dual professional role, certification, or personal credential they may independently hold — is authorized to provide clinical nutrition counseling, therapeutic supplement recommendations, or medical detoxification guidance in their capacity as a FitLab Move representative. Any such communication received in a FitLab Move context shall not be relied upon as clinical advice, and FitLab Move expressly disclaims responsibility for any such unauthorized communication.

7. LEGAL SEPARATION OF FITLAB MOVE AND FITLAB REHAB

7.1 Separate Legal Entities. FitLab Move and FitLab Rehab are separate and distinct legal entities. They operate independently under separate ownership structures, licensure, and applicable regulatory frameworks. The existence of a shared name, physical proximity, or any informal affiliation between the two entities does not create any legal unity, agency relationship, joint venture, or partnership between FitLab Move and FitLab Rehab. Each entity is solely responsible for its own services, personnel, obligations, and liabilities.

7.2 No Cross-Entity Patient or Client Relationship. Engagement with FitLab Move — including purchase of a membership, participation in any FitLab Move program, or execution of these Terms — does not create a patient-provider relationship, clinical relationship, or any other legally recognized healthcare relationship with FitLab Rehab. Conversely, an established patient relationship with FitLab Rehab does not, in itself, constitute membership in or a client relationship with FitLab Move. Each entity's relationships with its respective clients and patients are governed solely by that entity's own agreements and applicable law.

7.3 No Cross-Entity Liability. Neither FitLab Move nor FitLab Rehab assumes any liability whatsoever for the services, recommendations, products, clinical decisions, omissions, or conduct of the other entity. FitLab Move expressly disclaims any liability for the clinical services, supplement recommendations, detoxification protocols, chiropractic care, or sports medicine treatment provided by FitLab Rehab, and FitLab Rehab bears no liability for FitLab Move's fitness programming or services.

7.4 Establishing a Relationship with FitLab Rehab. Members seeking chiropractic care, sports medicine treatment, clinical nutrition services, or therapeutic supplement programs must contact FitLab Rehab directly and establish an independent patient relationship governed solely by FitLab Rehab's own terms of service, intake forms, clinical policies, and applicable healthcare regulations. FitLab Move's referral of a Member to FitLab Rehab does not guarantee the acceptance of that Member as a FitLab Rehab patient, does not constitute a clinical recommendation, and creates no obligation on the part of FitLab Rehab to provide care.

8. ACCOUNT CREATION & WODIFY PLATFORM

5.1 Wodify Account Requirement. FitLab Move utilizes Wodify Technologies, Inc. ("Wodify") as its scheduling, membership management, and performance tracking platform, accessible at wodify.com. All Members and Clients are required to create and maintain an active account on the Wodify platform in order to book sessions, manage memberships, access performance tracking data, and engage with FitLab Move's scheduling and administrative systems.

5.2 Account Accuracy. You agree to provide accurate, complete, and current information when creating and maintaining your Wodify account, including your full legal name, valid email address, emergency contact information, and any health disclosures required by FitLab Move. You are responsible for promptly updating your account information to keep it accurate and current at all times.

5.3 Account Security and Confidentiality. You are solely responsible for maintaining the confidentiality and security of your Wodify login credentials, including your username and password. You agree not to share your account credentials with any other person or permit any third party to access your account. You agree to notify FitLab Move immediately of any unauthorized use of your account or any other security breach. FitLab Move shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

5.4 FitLab Move Not Responsible for Platform Issues. FitLab Move is not responsible for, and expressly disclaims liability for, any issues arising from or related to the Wodify platform itself, including but not limited to platform outages, scheduling errors, data inaccuracies, data loss, billing errors originating from the platform, or any interruption of Wodify services. Any such issues should be reported both to FitLab Move and directly to Wodify's customer support.

5.5 Wodify's Own Terms. Your use of the Wodify platform is governed by Wodify Technologies' own Terms of Service and Privacy Policy, which are separate from and in addition to these Terms. By creating a Wodify account, you agree to be bound by Wodify's terms and policies. FitLab Move encourages you to review Wodify's terms and privacy policy available at wodify.com.

6. MEMBERSHIP & PAYMENT TERMS

6.1 Membership Plans. FitLab Move offers a variety of membership and service plans, which may include monthly memberships, per-session rates, class packs, and other offerings as described on the FitLab Move Website and Wodify platform. All membership plans, pricing, and inclusions are subject to change in accordance with Section 6.7 of these Terms.

6.2 Payment Processing. All payments for FitLab Move memberships and services are processed electronically through the Wodify platform or such other approved payment processors as FitLab Move may designate from time to time. By purchasing a membership or service, you authorize FitLab Move and its payment processors to charge your designated payment method for all applicable fees.

6.3 Payment Due Dates. All fees are due and payable as described at the time of purchase and in accordance with your selected membership or service plan. Failure to maintain a valid payment method on file may result in suspension or termination of your membership.

6.4 Automatic Renewal. Monthly memberships automatically renew on a monthly basis at the then-current membership rate unless and until cancelled in accordance with the Cancellation & Refund Policy set forth in Section 7 of these Terms. By enrolling in a monthly membership, you expressly authorize FitLab Move to charge your payment method on file on a recurring monthly basis until cancellation takes effect.

6.5 No Refunds on Unused Sessions or Class Packs. Except as expressly required by applicable Texas law or as set forth in the Cancellation & Refund Policy in Section 7, all fees paid for memberships, sessions, and class packs are non-refundable. Unused session credits and class pack sessions have no cash value and are non-transferable except as otherwise stated in your membership agreement or at the sole discretion of FitLab Move management.

6.6 Returned Payment Fee. In the event that any payment is returned, declined, or dishonored for any reason (including insufficient funds or a chargeback), a returned payment fee of Thirty-Five Dollars ($35.00) will be assessed to your account per occurrence, in addition to any fees charged by your financial institution. FitLab Move reserves the right to suspend or terminate your membership in the event of repeated payment failures or unresolved returned payments.

6.7 Price Modifications. FitLab Move reserves the right to modify membership pricing and service fees at any time, provided that FitLab Move will deliver written notice of any such modification to the email address on file for your account at least thirty (30) days prior to the effective date of the price change. Your continued use of FitLab Move Services following the effective date of a price change constitutes your acceptance of the new pricing.

6.8 Texas Sales Tax. Texas sales tax will be applied to all applicable transactions in accordance with the Texas Tax Code and regulations promulgated thereunder, where required by applicable law.

7. CANCELLATION & REFUND POLICY

Important Notice — Texas Health Spa Act Compliance

7.1 Three-Day Right of Cancellation (Texas Health Spa Act — Tex. Occ. Code §§ 702.001 et seq.). IN ACCORDANCE WITH THE TEXAS HEALTH SPA ACT, YOU HAVE THE RIGHT TO CANCEL YOUR FITLAB MOVE MEMBERSHIP CONTRACT WITHIN THREE (3) BUSINESS DAYS OF THE DATE YOU SIGN OR OTHERWISE AGREE TO THE MEMBERSHIP CONTRACT AND RECEIVE A FULL REFUND OF ALL AMOUNTS PAID. TO EXERCISE THIS RIGHT, YOU MUST DELIVER WRITTEN NOTICE OF CANCELLATION TO FITLAB MOVE WITHIN THIS THREE (3) BUSINESS DAY PERIOD BY EMAIL OR WRITTEN CORRESPONDENCE TO THE CONTACT INFORMATION PROVIDED IN SECTION 22 OF THESE TERMS. FITLAB MOVE WILL PROCESS YOUR REFUND WITHIN TEN (10) BUSINESS DAYS OF RECEIVING YOUR VALID CANCELLATION NOTICE.

7.2 Cancellation After the Three-Day Window. After the expiration of the three (3) business day cancellation period described in Section 7.1, cancellation requests must be submitted in writing — either by email to FitLab Move's designated contact address or by written notice delivered to the studio — with a minimum of thirty (30) days' advance notice prior to the next scheduled billing cycle date. Cancellation requests submitted without the required advance notice may result in one final billing cycle charge before cancellation takes effect.

7.3 Cancellation Due to Studio Closure, Relocation, or Material Change. If FitLab Move permanently closes, relocates its studio facility to a location more than fifteen (15) miles from its then-current Austin, Texas address, or substantially changes or reduces the scope of its Services, you may cancel your membership and receive a prorated refund of prepaid fees for the unused portion of your current membership period. Such cancellation must be made in writing within thirty (30) days of your receipt of notice of the applicable change.

7.4 Member Session/Class Cancellation Policy. Members are required to provide a minimum of twenty-four (24) hours' advance notice to cancel any scheduled training session or class booking. Cancellations made with less than twenty-four (24) hours' notice, or failure to appear for a scheduled session without prior cancellation (a "no-show"), may result in the forfeiture of the applicable session credit at FitLab Move's discretion. Repeated late cancellations or no-shows may result in additional restrictions on booking privileges.

7.5 FitLab Move's Right to Cancel or Reschedule. FitLab Move reserves the right to cancel or reschedule any session, class, or program due to instructor unavailability, facility maintenance, inclement weather, force majeure events (as defined in Section 19), or other circumstances outside of FitLab Move's reasonable control. In such cases, FitLab Move will provide reasonable advance notice where practicable and will issue an appropriate session credit to affected Members for any cancelled session that was not rescheduled.

7.6 Medical Suspension or Cancellation Policy. Members who are unable to participate in FitLab Move Services due to a documented medical condition or injury may be eligible to suspend or cancel their membership upon submission of written documentation from a licensed physician confirming the medical condition and the anticipated duration of the Member's inability to participate. Requests for medical suspension or cancellation should be submitted to FitLab Move management in writing along with the required medical documentation. FitLab Move will review such requests on a case-by-case basis and may, in its discretion, allow for membership suspension, cancellation, or a prorated credit.

8. INTELLECTUAL PROPERTY

8.1 Ownership. All content on the FitLab Move Website and all materials provided to Members or made available through FitLab Move Services — including, without limitation, workout programming, movement protocols, training methodologies, assessments, written content, photographs, video recordings, graphics, logos, branding, trade dress, and all other creative or proprietary materials — are the sole and exclusive proprietary intellectual property of FitLab Move and its owner, Dorea Wilder (collectively, "FitLab Move Content"). All rights not expressly granted herein are reserved.

8.2 Restrictions on Use. Members and Users are granted a limited, non-exclusive, non-transferable, revocable license to access FitLab Move Content solely for their personal, non-commercial use in connection with their participation in FitLab Move Services. Without the prior express written permission of FitLab Move, Members and Users may not:

●      Reproduce, copy, republish, or redistribute any FitLab Move Content in any medium or format;

●      Sell, sublicense, or otherwise commercially exploit any FitLab Move Content;

●      Publicly display, perform, or broadcast any FitLab Move Content;

●      Create derivative works from any FitLab Move Content; or

●      Use any FitLab Move Content for competitive purposes or in connection with any third-party fitness or coaching business.

8.3 Trademarks. The FitLab Move name, logo, and all related brand elements are trademarks of FitLab Move and its owner. Nothing in these Terms grants you any right or license to use any FitLab Move trademark, trade name, or brand element without the prior express written consent of FitLab Move.

8.4 Feedback and Suggestions. Any feedback, suggestions, ideas, recommendations, or other input submitted by you to FitLab Move regarding the Website, Services, or any FitLab Move programs or offerings (collectively, "Feedback") shall become the sole and exclusive property of FitLab Move. You hereby irrevocably assign to FitLab Move all right, title, and interest in and to any such Feedback, and FitLab Move may use, develop, and commercialize such Feedback without any obligation of compensation, attribution, or notice to you.

9. USER CONDUCT

9.1 Standards of Conduct. FitLab Move is committed to providing a safe, inclusive, and professional environment for all Members, Clients, staff, and guests. All Members agree to conduct themselves with respect and professionalism toward FitLab Move staff, coaches, and fellow Members at all times, both within the studio and in any online or digital communications related to FitLab Move.

9.2 Prohibited Conduct. The following conduct is strictly prohibited and may result in immediate termination of membership without refund:

●      Harassment, bullying, threatening, or intimidating behavior directed at any FitLab Move staff member, coach, or other Member;

●      Discrimination against any individual on the basis of race, color, national origin, sex, gender identity, sexual orientation, religion, disability, age, or any other protected characteristic under applicable law;

●      Use, possession, or being under the influence of illegal drugs, controlled substances, or alcohol on or within FitLab Move premises;

●      Recording, photographing, or otherwise capturing the likeness of any other Member, client, or staff member within the studio without their explicit prior consent;

●      Sharing, transferring, or otherwise providing your Wodify account credentials or membership access to any third party;

●      Unauthorized, unsafe, or abusive use of FitLab Move equipment, facilities, or property;

●      Any conduct that violates applicable local, state, or federal law; and

●      Any conduct that FitLab Move, in its reasonable discretion, determines to be unsafe, disruptive, or inconsistent with the standards of the FitLab Move community.

9.3 Studio Rules and Safety Protocols. Members must comply with all posted studio rules, safety guidelines, and the instructions of FitLab Move coaches and staff regarding proper equipment use, facility protocols, and safety procedures at all times. Failure to follow coach instructions regarding safety protocols may result in removal from a session and/or termination of membership.

9.4 Consequences of Violations. FitLab Move reserves the right to terminate any membership, revoke access to the studio and Website, and pursue any available legal remedies in response to violations of this Section 9 or any other provision of these Terms, without refund of any fees paid.

10. HEALTH & SAFETY DISCLAIMER

► Conspicuous Notice — Please Read Carefully

10.1 INHERENT RISKS OF FITNESS ACTIVITIES. BY PARTICIPATING IN FITLAB MOVE SERVICES, YOU ACKNOWLEDGE AND UNDERSTAND THAT PARTICIPATION IN FITNESS AND PHYSICAL CONDITIONING ACTIVITIES INVOLVES INHERENT RISKS OF PHYSICAL HARM AND INJURY, INCLUDING BUT NOT LIMITED TO: MUSCLE STRAINS, SPRAINS, TEARS, AND RUPTURES; JOINT INJURIES AND DISLOCATIONS; FRACTURES AND CONTUSIONS; CARDIOVASCULAR EVENTS INCLUDING CARDIAC ARREST; EXERTIONAL HEAT ILLNESS; AND OTHER SERIOUS BODILY INJURY OR DEATH. THESE RISKS EXIST REGARDLESS OF THE LEVEL OF CARE AND SUPERVISION PROVIDED.

10.2 MEMBER'S HEALTH REPRESENTATIONS. BY PARTICIPATING IN FITLAB MOVE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE IN SUFFICIENTLY GOOD PHYSICAL HEALTH TO PARTICIPATE IN THE APPLICABLE FITNESS ACTIVITIES, AND THAT YOU ARE NOT AWARE OF ANY MEDICAL CONDITION, PHYSICAL LIMITATION, OR CONTRAINDICATION THAT WOULD PREVENT SAFE PARTICIPATION. IF YOU HAVE ANY KNOWN OR SUSPECTED MEDICAL CONDITIONS, INJURIES, PHYSICAL LIMITATIONS, OR HEALTH CONCERNS, YOU REPRESENT THAT YOU HAVE DISCLOSED ALL SUCH CONDITIONS TO YOUR FITLAB MOVE COACH IN WRITING PRIOR TO PARTICIPATING IN ANY SERVICE.

10.3 RECOMMENDATION FOR MEDICAL CLEARANCE. FITLAB MOVE STRONGLY RECOMMENDS THAT ALL MEMBERS AND CLIENTS OBTAIN WRITTEN MEDICAL CLEARANCE FROM A LICENSED PHYSICIAN BEFORE BEGINNING ANY FITNESS PROGRAM OR PARTICIPATING IN ANY FITLAB MOVE SERVICE. THIS RECOMMENDATION IS ESPECIALLY IMPORTANT FOR INDIVIDUALS WITH KNOWN OR SUSPECTED CARDIOVASCULAR CONDITIONS, MUSCULOSKELETAL INJURIES, METABOLIC CONDITIONS, OR ANY OTHER HEALTH CONDITION THAT MAY BE AFFECTED BY PHYSICAL EXERCISE.

10.4 NOT MEDICAL ADVICE. FITLAB MOVE COACHES AND INSTRUCTORS ARE CREDENTIALED FITNESS PROFESSIONALS. THEY ARE NOT LICENSED PHYSICIANS, PHYSICAL THERAPISTS, OR OTHER LICENSED HEALTHCARE PROFESSIONALS. NO INFORMATION, RECOMMENDATION, PROGRAMMING, COMMUNICATION, OR GUIDANCE PROVIDED BY FITLAB MOVE, ITS COACHES, OR ITS STAFF — WHETHER VERBAL, WRITTEN, DIGITAL, OR OTHERWISE — CONSTITUTES MEDICAL ADVICE, MEDICAL DIAGNOSIS, OR A PRESCRIBED TREATMENT PLAN, AND SHOULD NOT BE RELIED UPON AS SUCH. ALWAYS CONSULT A LICENSED PHYSICIAN FOR MEDICAL QUESTIONS OR CONCERNS.

10.5 ASSUMPTION OF INHERENT RISKS. BY PARTICIPATING IN FITLAB MOVE SERVICES, YOU VOLUNTARILY ASSUME ALL INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN FITNESS AND PHYSICAL CONDITIONING ACTIVITIES AS DESCRIBED IN THIS SECTION.

11. LIABILITY LIMITATION & RELEASE — TEXAS EXPRESS NEGLIGENCE DOCTRINE COMPLIANCE

► Conspicuous Limitation of Liability & Release of Claims — Please Read Carefully

11.1 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE TEXAS LAW, FITLAB MOVE, ITS OWNER DOREA WILDER, EMPLOYEES, COACHES, CONTRACTORS, AND AGENTS (COLLECTIVELY, "FITLAB MOVE PARTIES") SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATED TO: (A) YOUR PARTICIPATION IN ANY FITLAB MOVE SERVICE OR PROGRAM; (B) YOUR USE OF OR INABILITY TO USE THE FITLAB MOVE WEBSITE OR WODIFY PLATFORM; (C) ANY INJURY, ILLNESS, OR PHYSICAL HARM SUSTAINED DURING OR IN CONNECTION WITH FITLAB MOVE SERVICES; OR (D) ANY OTHER MATTER RELATED TO THESE TERMS OR FITLAB MOVE SERVICES.

11.2 EXPRESS NEGLIGENCE RELEASE. IN ACCORDANCE WITH THE TEXAS EXPRESS NEGLIGENCE DOCTRINE, AS ESTABLISHED BY THE TEXAS SUPREME COURT IN ETHYL CORP. V. DANIEL CONSTRUCTION CO., 725 S.W.2D 705 (TEX. 1987) AND DRESSER INDUSTRIES, INC. V. PAGE PETROLEUM, INC., 853 S.W.2D 505 (TEX. 1993), YOU EXPRESSLY RELEASE THE FITLAB MOVE PARTIES FROM LIABILITY FOR CLAIMS, LOSSES, INJURIES, AND DAMAGES ARISING FROM OR CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE FITLAB MOVE PARTIES, INCLUDING THE NEGLIGENCE OF FITLAB MOVE'S OWNER, EMPLOYEES, COACHES, CONTRACTORS, AND AGENTS.

11.3 EXCEPTIONS. THIS RELEASE AND LIMITATION OF LIABILITY DOES NOT APPLY TO CLAIMS ARISING FROM: (A) THE GROSS NEGLIGENCE OF FITLAB MOVE OR THE FITLAB MOVE PARTIES; (B) WILLFUL OR WANTON MISCONDUCT; OR (C) INTENTIONAL TORTS OR INTENTIONALLY HARMFUL ACTS BY THE FITLAB MOVE PARTIES. NOTHING IN THESE TERMS SHALL LIMIT LIABILITY TO THE EXTENT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE TEXAS LAW.

11.4 CAP ON LIABILITY. IN ALL CASES WHERE LIABILITY OF THE FITLAB MOVE PARTIES IS NOT FULLY EXCLUDED BY THESE TERMS OR APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE FITLAB MOVE PARTIES FOR ANY CLAIM ARISING UNDER OR RELATED TO THESE TERMS OR FITLAB MOVE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO FITLAB MOVE IN THE NINETY (90) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

11.5 WAIVER OF PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE TEXAS LAW, YOU EXPRESSLY WAIVE ANY RIGHT TO SEEK OR RECOVER PUNITIVE OR EXEMPLARY DAMAGES FROM THE FITLAB MOVE PARTIES IN CONNECTION WITH ANY DISPUTE ARISING UNDER THESE TERMS OR FROM YOUR PARTICIPATION IN FITLAB MOVE SERVICES.

12. INDEMNIFICATION

12.1 Member's Agreement to Indemnify. To the fullest extent permitted by applicable law, you agree to indemnify, defend (with counsel acceptable to FitLab Move), and hold harmless FitLab Move, its owner Dorea Wilder, officers, employees, coaches, contractors, and agents (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) (collectively, "Losses") arising out of or related to:

●      (a) Your participation in, or use of, any FitLab Move Service, program, facility, or equipment;

●      (b) Your breach of any representation, warranty, obligation, or covenant under these Terms;

●      (c) Your violation of any applicable local, state, or federal law or regulation, or the rights of any third party, including any intellectual property rights, privacy rights, or rights of publicity; or

●      (d) Any misrepresentation made by you to FitLab Move regarding your health status, physical fitness level, medical history, or any other material information provided in connection with your enrollment or participation in FitLab Move Services.

12.2 FitLab Move's Right to Assume Control. FitLab Move reserves the right, at its own expense, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you. In such event, you agree to cooperate fully with FitLab Move in the defense of such matter, at your own expense, as reasonably requested by FitLab Move.

13. PHOTOGRAPHY & MEDIA CONSENT

13.1 Media Capture for Promotional Purposes. FitLab Move may, from time to time, photograph, video record, or otherwise capture images or audio of studio activities, classes, sessions, and events for use in FitLab Move's marketing, promotional, social media, and other business purposes. By participating in FitLab Move Services, you acknowledge this practice and consent to the possibility of being photographed or recorded in the course of studio activities.

13.2 Opt-Out Right. You have the right to opt out of photography and video recording by providing written notice to FitLab Move staff. Opt-out requests should be submitted to studio management in writing prior to or at the time of your session or class. FitLab Move will make reasonable efforts to honor opt-out requests upon receipt.

13.3 Prior Media Captures. Members who appear in photographs or video recordings captured by FitLab Move prior to the submission of an opt-out request acknowledge and consent to FitLab Move's continued use of such previously captured media for the purposes described in Section 13.1. FitLab Move is not obligated to remove or discontinue use of media captured prior to the receipt of an opt-out request.

14. THIRD-PARTY SERVICES

14.1 Wodify Technologies. As described in Section 5, FitLab Move utilizes Wodify Technologies, Inc. for scheduling, membership management, and performance tracking. Your use of the Wodify platform is subject to Wodify's own Terms of Service and Privacy Policy. FitLab Move is not responsible for Wodify's platform availability, data handling practices, security measures, or any issues, errors, or damages arising from your use of the Wodify platform. For platform support, you may contact Wodify directly at wodify.com.

14.2 Payment Processors. FitLab Move utilizes third-party payment processing services to facilitate electronic payment transactions. All payment card and financial data you provide is handled directly by these third-party processors in accordance with their own security standards, including Payment Card Industry Data Security Standards (PCI-DSS) compliance requirements. FitLab Move does not store or have direct access to your full payment card information.

14.3 Third-Party Website Links. The FitLab Move Website may contain links to third-party websites, resources, or services for your reference or convenience. FitLab Move does not endorse and is not responsible or liable for the content, accuracy, privacy practices, products, services, or opinions of any third-party websites. Your access to and use of any linked third-party website is solely at your own risk and subject to that website's own terms and policies.

14.4 Data Sharing Policy. FitLab Move does not sell your personal data to third parties. FitLab Move may share Member data with third-party service providers (such as Wodify and payment processors) only to the extent necessary to operate the studio and provide Services to you, and as more fully described in the FitLab Move Privacy Policy.

15. PRIVACY

15.1 Governing Privacy Document. FitLab Move's collection, use, storage, and protection of your personal data and information are governed by the FitLab Move Privacy Policy, which is hereby incorporated into these Terms by reference in its entirety. The Privacy Policy describes what information we collect, how we use it, how we protect it, and your rights with respect to your personal data.

15.2 Acknowledgment. By agreeing to these Terms, you represent that you have read and understand the FitLab Move Privacy Policy and agree to its terms. The current Privacy Policy is available on the FitLab Move Website.

15.3 Member Data Rights. You have certain rights regarding your personal data as described in the Privacy Policy, which may include rights of access, correction, deletion, portability, and objection to certain processing activities, subject to applicable law. Please refer to the Privacy Policy for information on how to exercise these rights.

16. MODIFICATIONS TO TERMS

16.1 Right to Modify. FitLab Move reserves the right to modify, amend, update, or revise these Terms at any time, at its sole discretion, to reflect changes in applicable law, FitLab Move's Services or business practices, or for any other lawful reason.

16.2 Notice of Material Changes. In the event of any material modification to these Terms, FitLab Move will provide advance written notice to Members by: (a) sending an email notification to the email address associated with your account on file, and/or (b) posting a conspicuous notice on the FitLab Move Website. Such notice will be provided no fewer than fourteen (14) calendar days before the effective date of the modified Terms.

16.3 Acceptance of Updated Terms. Your continued access to or use of the FitLab Move Website or Services after the effective date of any modification to these Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Website and Services and submit a cancellation request in accordance with Section 7.

16.4 Current Version. The most current version of these Terms is always available on the FitLab Move Website and supersedes all prior versions. The effective date at the top of this document indicates when the current version was last updated.

17. GOVERNING LAW & JURISDICTION

17.1 Governing Law. These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the FitLab Move Website, or FitLab Move Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to Texas' conflict of laws rules or principles that would require the application of the laws of any other jurisdiction.

17.2 Exclusive Jurisdiction. Subject to the Dispute Resolution provisions set forth in Section 18 of these Terms, any legal action, suit, or proceeding arising out of or relating to these Terms or FitLab Move Services that is not subject to arbitration shall be brought exclusively in the state or federal courts of competent jurisdiction located in Travis County, Texas. You hereby irrevocably consent to the exclusive personal jurisdiction and venue of such courts and waive any objection to the laying of venue in such courts.

17.3 Texas Health Spa Act. Where applicable to membership agreements entered into with FitLab Move, the Texas Health Spa Act, Texas Occupations Code §§ 702.001 et seq., governs the parties' rights and obligations. These Terms are intended to comply with all applicable requirements of the Texas Health Spa Act, and any provision of these Terms that conflicts with a mandatory provision of the Texas Health Spa Act shall be deemed modified to the minimum extent necessary to achieve compliance.

18. DISPUTE RESOLUTION

18.1 Informal Resolution. In the event of any dispute, claim, or controversy between you and FitLab Move arising out of or relating to these Terms, the Website, or FitLab Move Services (a "Dispute"), the parties agree to first attempt to resolve the Dispute through good-faith informal negotiation. The party asserting the Dispute shall deliver written notice to the other party describing the nature of the Dispute and the relief sought. The parties shall have thirty (30) calendar days from the date of such notice to resolve the Dispute informally before initiating formal arbitration or other proceedings.

18.2 Binding Arbitration. If the parties are unable to resolve a Dispute through informal negotiation within the thirty (30) day period described in Section 18.1, such Dispute shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its then-current Consumer Arbitration Rules (or Commercial Arbitration Rules, as applicable). Arbitration shall be conducted in Austin, Travis County, Texas. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

18.3 Class Action Waiver. YOU AND FITLAB MOVE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS — WHETHER IN ARBITRATION OR COURT — SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF THIS DISPUTE RESOLUTION AGREEMENT.

18.4 Small Claims Court Exception. Notwithstanding the foregoing, either party may bring an individual claim in a small claims court of competent jurisdiction, provided that the claim qualifies for small claims court jurisdiction under applicable law and that the claim is not consolidated with any other claim or proceeding.

18.5 Applicable Law in Arbitration. The arbitrator shall apply the substantive laws of the State of Texas in resolving any Dispute, consistent with the Federal Arbitration Act and applicable statutes of limitations.

19. FORCE MAJEURE

19.1 Excused Performance. FitLab Move shall not be liable to you for any failure or delay in the performance of its obligations under these Terms or in the delivery of Services to the extent that such failure or delay is caused by events beyond FitLab Move's reasonable control, including but not limited to: acts of God; natural disasters (including hurricanes, floods, fires, earthquakes, or extreme weather events); epidemics or pandemics; governmental or regulatory actions, orders, or restrictions; utility failures or outages; labor disputes or strikes; civil unrest or disturbance; terrorism; or any other cause or event that is beyond FitLab Move's reasonable control (each, a "Force Majeure Event").

19.2 Mitigation. In the event of a Force Majeure Event, FitLab Move will use commercially reasonable efforts to: (a) provide Members with advance notice of any resulting service interruption or cancellation where practicable; (b) resume normal service operations as promptly as reasonably possible following the cessation of the Force Majeure Event; and (c) provide Members with appropriate session credits, rescheduling options, or other reasonable accommodation for cancelled or interrupted sessions resulting from the Force Majeure Event.

20. SEVERABILITY

20.1 If any provision, clause, or portion of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable for any reason — whether under applicable Texas law, federal law, or any other applicable legal standard — such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that, to the greatest extent possible, achieves the original intent and economic effect of the replaced provision.

21. ENTIRE AGREEMENT

21.1 These Terms of Service, together with the FitLab Move Privacy Policy (incorporated herein by reference), any signed membership agreement, intake form, liability waiver, or other written agreement executed by you in connection with FitLab Move Services, constitute the entire and complete agreement between you and FitLab Move with respect to the subject matter hereof. These Terms supersede and replace all prior and contemporaneous understandings, representations, warranties, negotiations, discussions, and agreements — whether written or oral — between you and FitLab Move relating to the subject matter of these Terms.

21.2 No Waiver. FitLab Move's failure to enforce any right or provision of these Terms on any occasion shall not constitute a waiver of FitLab Move's right to enforce that right or provision in the future. All waivers must be in writing and signed by an authorized representative of FitLab Move to be effective.

22. CONTACT INFORMATION

If you have any questions, concerns, or requests regarding these Terms, your membership, or FitLab Move Services, please contact us using the information below. For all legal notices required or permitted under these Terms, written correspondence must be directed to FitLab Move's registered address in Austin, Texas.

Business Name FitLab Move, S-Corporation

Owner Dorea Wilder Neigert

Location Austin, Texas, United States

Website www.fitlabmove.com

Email info@fitlabmove.com

Legal Notices All legal notices must be sent to FitLab Move's registered address in Austin, Texas, by certified mail or other verifiable written delivery method. 7004 FM 2244 RD Ste 1-101 Austin, TX 78746

Scheduling Platform Wodify Technologies — wodify.com

ACKNOWLEDGMENT OF TERMS

By accessing the FitLab Move Website or participating in any FitLab Move Service, you acknowledge that you have read these Terms of Service in their entirety, that you understand them, and that you agree to be legally bound by them.

© 2026 FitLab Move. All rights reserved.  |  Austin, Texas  |  Effective Date: August 9, 2026

FitLab Move is an S-Corporation organized under the laws of the State of Texas. These Terms of Service govern all use of the FitLab Move website and participation in FitLab Move services and programs.