Terms of Service
Welcome to https://www.stroke.fitness (the "Site"). These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Stroke.Fitness LLC, a Florida limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the Site, our mobile applications, and all related services, content, and functionality offered through our platforms (collectively, the "Services").
Terms of Service – SMS Program
Program Name: Stroke Fitness SMS Program
The Stroke Fitness SMS Program provides subscribers with recurring text messages related to fitness training, wellness programs, class updates, scheduling reminders, promotions, account notifications, and other information related to services offered by Stroke Fitness. Message frequency may vary based on user interaction and program activity.
By opting into this SMS program, you agree to receive text messages sent using an automatic telephone dialing system or similar technology.
Opt-Out Instructions
You can cancel the SMS service at any time. Simply text "STOP" to the shortcode from which you received the message. Upon sending "STOP," we will send a confirmation message acknowledging your unsubscribe request. After this confirmation, you will no longer receive SMS messages from Stroke Fitness.
Rejoining Instructions
If you previously opted out and wish to rejoin the Stroke Fitness SMS Program, you may do so by signing up again through the same method you used initially (such as an online form or opt-in prompt). Once re-enrolled, you will begin receiving SMS messages again.
Help Instructions
If you experience issues with the messaging program, reply with the keyword "HELP" to receive assistance. You may also contact Stroke Fitness directly through the contact options available on our website for additional support.
Carrier Liability Disclaimer
Mobile carriers are not liable for delayed or undelivered messages.
Message and Data Rates Disclaimer
Message and data rates may apply to any messages sent to you from us and to us from you. Message frequency varies. For questions regarding your text or data plan, please contact your wireless provider.
Privacy Policy
Your privacy is important to us. Information collected through our SMS program is handled in accordance with our Privacy Policy. Please review our Privacy Policy here: https://www.stroke.fitness/privacy-policy
Compliance with Industry Standards
Stroke Fitness complies with applicable mobile messaging industry standards, including CTIA guidelines and A2P 10DLC requirements, as well as all relevant local, state, and federal laws governing SMS communications.
Legal Compliance Notice
By participating in the Stroke Fitness SMS Program, you acknowledge that you are providing express written consent to receive text messages as described above. Consent is not a condition of purchase. Stroke Fitness reserves the right to modify or terminate the SMS program at any time.
1. DEFINITIONS
For purposes of these Terms:
"Content" means all text, graphics, images, logos, photographs, audio, video, data, software, and other materials available on or through the Site or Services.
"Member" means any individual who has entered into a valid Subscription Agreement with the Company.
"Services" means the post-stroke training and fitness programs, assessments, online classes, home training programs, and all related services made available at or through the Company's facility and platforms, including both standard fitness services and, as additional services, medically supervised training and rehabilitation.
"Subscription Agreement" means the separate membership contract governing the terms of your paid subscription to our Services.
"Training Provider" means Brain Rehab Research Ltd, a company incorporated in Cyprus and trading as Stroke.Rehab, or such other company as the Company may designate from time to time (including Stroke Fitness Amsterdam following its incorporation), being the independent company engaged to design, deliver, and fund the training programs offered at the Company's facility, including payment of facility and room rental costs and trainer compensation.
"Oversight Provider" means Brain Rehab Research Ltd, trading as Stroke.Rehab, acting through its clinical directors, or such other company as the Company may designate from time to time to provide professional supervision and oversight of the programs delivered by the Training Provider.
2. NATURE OF SERVICES
Stroke.Fitness LLC operates a specialized facility at which post-stroke training and fitness services are provided, designed to help stroke survivors improve their physical function, strength, balance, coordination, and overall quality of life through exercise-based programs.
As additional services, medically supervised training and rehabilitation for stroke survivors may be provided at the Company's facility. Medically supervised services are provided under appropriate clinical oversight and may be subject to additional terms, fees, and enrollment requirements. Members interested in medically supervised services should inquire with our staff about availability and eligibility.
Two categories of services are offered at the facility: (a) Standard post-stroke training and fitness services, which are exercise and training-based programs led by fitness professionals with specialized training in working with stroke survivors; and (b) Medically supervised training and rehabilitation services, which are provided under clinical supervision by appropriately licensed or credentialed healthcare professionals.
Regardless of which services you utilize, the programs are intended to complement, not replace, the medical care and rehabilitation services you receive from your physicians, neurologists, physical therapists, occupational therapists, and other licensed healthcare providers. Members are encouraged to continue all prescribed medical treatments and therapies while participating in the programs.
The Company's role is to provide the training facility and equipment. All training programs offered at the facility are designed, delivered, and funded by the Training Provider, acting as an independent contractor, which bears the costs of facility and room rental and the compensation of all trainers, and which delivers the programs under the professional supervision of the Oversight Provider. Trainers are engaged, compensated, directed, and supervised by the Training Provider and are not employees, agents, or representatives of the Company. The Company does not direct, supervise, or control the content, methodology, staffing, or delivery of any training session. Nothing in these Terms or in the conduct of the parties shall be construed as creating an employment, agency, partnership, or joint venture relationship between the Company and the Training Provider, the Oversight Provider, or any trainer.
3. ELIGIBILITY
3.1 You must be at least eighteen (18) years of age to use the Site and Services independently. Individuals under the age of eighteen (18) may only use the Site and Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
3.2 By using the Site or Services, you represent and warrant that: (a) you have the legal capacity to enter into these Terms; (b) you are not located in a country subject to a U.S. government embargo or designated as a "terrorist-supporting" country; and (c) you are not listed on any U.S. government list of prohibited or restricted parties.
3.3 If you are using the Site or Services on behalf of another individual (such as a family member or patient), you represent that you have the legal authority to bind that individual to these Terms and accept full responsibility for their compliance.
4. ACCOUNT REGISTRATION AND SECURITY
4.1 Certain features of the Services may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
4.2 You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
4.3 We reserve the right to suspend or terminate your account at any time if we reasonably believe that your account has been compromised or is being used in violation of these Terms.
5. ACCEPTABLE USE POLICY
5.1 By using the Site and Services, you agree that you will NOT:
- Violate any applicable federal, state, local, or international law, statute, ordinance, or regulation;
- Post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Attempt to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
- Interfere with or disrupt the Site, servers, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
- Distribute malware, viruses, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- Copy, reproduce, modify, distribute, display, perform, publish, license, create derivative works from, transfer, or sell any Content, information, or services obtained from the Site without our prior written consent;
- Use the Services for any commercial purpose other than as expressly permitted by these Terms or the Subscription Agreement.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All Content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, training methodologies, exercise protocols, and the compilation thereof, is the exclusive property of Stroke.Fitness LLC or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2 The STROKE.FITNESS name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Stroke.Fitness LLC. You may not use such marks without our prior written permission.
6.3 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services for your personal, non-commercial use only. This license does not include any right to: (a) resell or make any commercial use of the Site or its contents; (b) modify or create derivative works based on the Site or its contents; (c) download or copy account information for the benefit of another party; or (d) use any data mining, robots, or similar data gathering and extraction tools.
7. USER-GENERATED CONTENT
7.1 By submitting, posting, or displaying any content, feedback, reviews, testimonials, photographs, videos, or other materials ("User Content") on or through the Site or Services, you grant Stroke.Fitness LLC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with our business operations, marketing, and promotional activities.
7.2 You represent and warrant that: (a) you own or otherwise control all rights to the User Content; (b) the User Content is accurate and not misleading; and (c) the use of the User Content does not violate these Terms and will not cause injury to any person or entity.
7.3 We reserve the right, but are not obligated, to monitor, edit, or remove any User Content at our sole discretion for any reason, including content that we determine violates these Terms.
8. HEALTH AND MEDICAL DISCLAIMER
8.1 Service Distinction. The services available at the Company's facility include both standard post-stroke training and fitness services AND, as additional services, medically supervised training and rehabilitation. The nature and scope of services you receive will depend on your enrollment and service selection. Standard fitness services are led by fitness professionals engaged by the Training Provider; medically supervised services are provided under appropriate clinical oversight arranged through the Oversight Provider.
8.2 Complementary Services. Whether you participate in standard fitness services or medically supervised services, the programs are designed to complement, NOT replace, the comprehensive medical care you receive from your physicians, neurologists, and other healthcare providers. You should continue all prescribed medical treatments and therapies.
8.3 Always consult with your physician, neurologist, or other qualified healthcare provider before beginning any new exercise or training program, or making any changes to your existing rehabilitation routine. Never disregard professional medical advice or delay in seeking it because of information obtained through our Services.
8.4 If you experience any unusual symptoms, pain, dizziness, shortness of breath, chest discomfort, or other concerning symptoms during or after using our Services, discontinue participation immediately and seek medical attention.
8.5 Individual results may vary significantly based on factors including but not limited to: type and severity of stroke, time since stroke, overall health status, pre-existing conditions, effort and consistency of participation, and adherence to program requirements. No specific outcomes or results are guaranteed by the Company.
9. ASSUMPTION OF RISK AND RELEASE
9.1 Inherent Risks. YOU ACKNOWLEDGE AND UNDERSTAND THAT PARTICIPATION IN PHYSICAL EXERCISE AND TRAINING PROGRAMS, INCLUDING POST-STROKE TRAINING, INVOLVES INHERENT RISKS OF INJURY, ILLNESS, DISABILITY, AND DEATH, WHICH CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN. BY PARTICIPATING IN ANY PROGRAM AT THE COMPANY'S FACILITY, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS.
9.2 Release. TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, YOU HEREBY RELEASE, WAIVE, AND DISCHARGE STROKE.FITNESS LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OR LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN ANY TRAINING OR PROGRAM AT THE COMPANY'S FACILITY, INCLUDING CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF THE COMPANY. THIS RELEASE DOES NOT APPLY TO, AND NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR: (a) INTENTIONAL OR WILLFUL MISCONDUCT; (b) INJURY, LOSS, OR DAMAGE CAUSED BY THE COMPANY'S NEGLIGENT MAINTENANCE, INSPECTION, OR PROVISION OF THE PREMISES OR EQUIPMENT, INCLUDING FAULTY OR DEFECTIVE EQUIPMENT AT THE LOCATION; OR (c) GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE LAW.
9.3 Claims Relating to Training Delivery. Because all training programs are designed, delivered, and supervised by the Training Provider under the oversight of the Oversight Provider, any claim arising out of or relating to the design, content, delivery, staffing, or supervision of training — including the acts or omissions of any trainer — must be directed to the Training Provider or the Oversight Provider, as applicable, and not to the Company. For the avoidance of doubt, this Section does not limit any liability the Company retains under Section 9.2(a) or 9.2(b).
10. DISCLAIMER OF WARRANTIES
10.1 THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STROKE.FITNESS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10.2 We do not warrant that: (a) the Site or Services will meet your requirements or expectations; (b) the Site or Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Site or Services will be accurate, reliable, or beneficial; (d) any errors in the Site or Services will be corrected; or (e) participation in the programs will result in any particular health outcome or improvement.
10.3 Any material downloaded or otherwise obtained through the use of the Site or Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
11. LIMITATION OF LIABILITY
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STROKE.FITNESS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES.
11.2 Facility Role. THE COMPANY'S ROLE IS LIMITED TO PROVIDING THE FACILITY AND EQUIPMENT AS DESCRIBED IN SECTION 2.5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL HAVE NO LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE DESIGN, CONTENT, DELIVERY, STAFFING, OR SUPERVISION OF ANY TRAINING PROGRAM, OR THE ACTS OR OMISSIONS OF THE TRAINING PROVIDER, THE OVERSIGHT PROVIDER, OR ANY TRAINER, EXCEPT WHERE SUCH CLAIM ARISES FROM: (a) INTENTIONAL OR WILLFUL MISCONDUCT OCCURRING AT THE COMPANY'S FACILITY; OR (b) THE COMPANY'S OWN NEGLIGENT MAINTENANCE, INSPECTION, OR PROVISION OF THE PREMISES OR EQUIPMENT, INCLUDING FAULTY OR DEFECTIVE EQUIPMENT.
11.3 In no event shall the total aggregate liability of Stroke.Fitness LLC exceed the greater of: (a) the total amount paid by you to the Company during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars ($100.00).
11.4 The limitations of liability set forth in this section shall apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and even if Stroke.Fitness LLC has been advised of the possibility of such damages. Nothing in this section limits or excludes any liability that cannot be limited or excluded under applicable law, including liability retained under Section 9.2(a) and 9.2(b).
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Stroke.Fitness LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any rights of another party, including any other users; (d) your violation of any applicable laws, rules, or regulations; (e) any User Content you submit, post, or transmit through the Site or Services; or (f) any injury or harm resulting from your participation in the programs, except to the extent caused by liability retained by the Company under Section 9.2(a) or 9.2(b).
13. THIRD-PARTY LINKS AND CONTENT
13.1 The Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Stroke.Fitness LLC. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
13.2 If you access a third-party website or service from the Site, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve Stroke.Fitness LLC from any and all liability arising from your use of any third-party website, service, or content.
14. PRIVACY
Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
15. TERMINATION
15.1 We reserve the right to suspend or terminate your access to the Site and Services at any time, with or without cause, with or without notice, and without liability to you.
15.2 Upon termination, your right to use the Site and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, assumption of risk and release, indemnification, and limitations of liability.
15.3 Termination of your access to the Site does not automatically terminate any Subscription Agreement you may have entered into, which is governed by its own separate terms and conditions.
16. CANCELLATION AND AMENDMENT OF BOOKINGS
16.1 A Client may cancel a paid booking by submitting a written cancellation notice or by completing the cancellation request form available at https://www.stroke.fitness/cancellation-request. The cancellation shall be effective upon receipt by Stroke Fitness.
16.2 Unless otherwise required by applicable mandatory law, the following cancellation fees shall apply, calculated by reference to the scheduled commencement date of the relevant booking:
| Timing of cancellation | Cancellation fee |
|---|---|
| 60 days or more before the scheduled commencement date | No cancellation fee |
| Less than 60 days but more than 30 days before the scheduled commencement date | 20% of the total booking price |
| 30 days or less before the scheduled commencement date | 30% of the total booking price |
16.3 Where a refund is due following cancellation, Stroke Fitness shall refund the amount paid by the Client less the applicable cancellation fee. Any refund shall be made using the original payment method, unless otherwise agreed or required by applicable law.
16.4 A Client wishing to amend or reschedule a paid booking may submit a request through the cancellation and rescheduling form available at https://www.stroke.fitness/cancellation-request. Any amendment or rescheduling shall be subject to availability and may be subject to an applicable administration or change fee. The applicable fee, if any, will be displayed to the Client through the online calculator before the request is submitted.
16.5 The cancellation request page includes a calculator intended to inform the Client of the applicable cancellation or amendment fee based on the information provided. The calculation is provided for informational purposes and does not override the applicable booking terms or any mandatory rights of the Client under applicable law.
16.6 Nothing in this section shall exclude, restrict or otherwise affect any statutory cancellation, withdrawal, refund or other rights that cannot lawfully be excluded or restricted under applicable law.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1 These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
17.2 Any dispute arising out of or relating to these Terms or your use of the Site or Services shall be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and you hereby consent to the personal jurisdiction of such courts.
17.3 Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
18. MODIFICATIONS TO TERMS
18.1 We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will notify you by posting the updated Terms on the Site with a new "Effective Date" and, where appropriate, providing additional notice (such as via email or through the Services).
18.2 Your continued use of the Site or Services after the posting of any modified Terms constitutes your acceptance of such modifications. If you do not agree to the modified Terms, you must discontinue your use of the Site and Services.
19. GENERAL PROVISIONS
19.1 Entire Agreement. These Terms, together with the Privacy Policy and any Subscription Agreement you may enter into, constitute the entire agreement between you and Stroke.Fitness LLC regarding the use of the Site and Services.
19.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
19.3 Waiver. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
19.4 Assignment. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
19.5 Force Majeure. Stroke.Fitness LLC shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
20. CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact us at:
Stroke.Fitness LLC
8709 Hunters Green Dr
Tampa, FL 33647
Phone: (813) 669-5724 (SMS only)
Email: [email protected]