Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at trainwithdaveoc.com (the "Site"), the SMS and email messages you receive from us, and the personal training services we provide (collectively, the "Services"). The Services are operated by TWD Fitness Management, Inc., a California corporation doing business as "Train With Dave" ("Train With Dave," "we," "us," or "our"). By using the Services, you agree to these Terms and to our Privacy Policy.

1. Eligibility

You must be at least 18 years old to book training services or submit information through our forms. By using the Services, you represent that you meet this requirement and that any information you provide is accurate and current.

2. Services

Train With Dave provides personal training, nutrition coaching, and related fitness services delivered in-person at our Orange County studios (Orange, Irvine, and Laguna Hills) and online. Specific package terms, pricing, session counts, and scheduling are agreed to between you and Train With Dave at the time of enrollment. Nothing on the Site constitutes a binding offer to provide services on any specific terms until a written agreement is executed.

3. SMS messaging program

Train With Dave operates an SMS messaging program through which we send transactional and informational text messages to people who have opted in via our contact and booking forms. The full terms of this program are:

• How you opt in. You opt in to receive SMS by submitting the contact form at trainwithdaveoc.com/contact or trainwithdaveoc.com/book with the SMS consent checkbox checked. The consent checkbox is required to submit the form. Submitting the form constitutes your express written consent to receive automated text messages from Train With Dave at the phone number provided.
• What you can expect to receive. A confirmation text after you submit the form, follow-up messages if you have not yet booked a consultation, abandonment recovery messages if you started but did not finish the booking flow, booking and session reminders, and direct replies from the studio owner to questions you send us.
• Message frequency. Message frequency varies. You can expect a small number of messages following a form submission, plus additional messages if you reply or book a consultation.
• Costs. Message and data rates may apply. Train With Dave does not charge you for messages; your wireless carrier may.
• How you opt out. You can opt out at any time by replying STOP (or any of the standard opt-out keywords: STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT) to any message from us. After you opt out, you will receive a single confirmation message and will not receive further messages unless you opt back in.
• How to get help. You can request help at any time by replying HELP or INFO to any message. You can also reach us at 714-904-2036 or info@trainwithdaveoc.com.
• Carrier disclaimer. Wireless carriers are not liable for delayed or undelivered messages.
• Consent is not a condition of purchase. Opting in to SMS is not required to purchase services from Train With Dave.

Our handling of phone numbers and SMS data is also described in our Privacy Policy.

4. Booking and consultations

Free consultations may be booked through our scheduling system. Same-week availability is typical. If you cannot make a scheduled consultation, we ask that you cancel or reschedule at least 24 hours in advance through the link in your confirmation email. Repeated no-shows may result in our declining to schedule future consultations.

5. Payment, packages, and cancellation

Training package pricing, billing frequency, session counts, expiration windows, and cancellation terms are agreed to in your individual training agreement at the time of enrollment, which controls in the event of any conflict with these Terms. Refund policies are set out in your training agreement.

6. Your responsibilities

You agree to:

• Provide accurate and current contact information.
• Disclose any medical conditions, injuries, medications, or other health information relevant to your training, and obtain clearance from a qualified medical professional before beginning training if appropriate.
• Follow reasonable safety instructions provided by your trainer during sessions.
• Not use the Site or Services for any unlawful purpose, to harass our staff, or to interfere with the operation of the Site.

7. Health disclaimer

Personal training involves physical exertion and carries inherent risk of injury. Train With Dave is not a medical provider, and nothing we communicate on the Site, in person, through SMS, email, or chat constitutes medical advice. Always consult a qualified medical professional before beginning any new exercise or nutrition program. By using the Services, you acknowledge these risks and agree that you are participating voluntarily.

8. Intellectual property

The Site, its content (text, graphics, photos, logos, training program materials), and all related intellectual property are owned by or licensed to Train With Dave. You may not reproduce, distribute, modify, or create derivative works from any part of the Site or Services without our prior written consent, except for personal, non-commercial use of materials we have specifically provided to you as part of your training program.

9. Third-party services

The Site uses third-party services described in our Privacy Policy, including Calendly, Anthropic (for our website assistant), Resend, Microsoft Clarity, Google Analytics, Meta, and others. Your interactions with those services are governed by their own terms and privacy policies.

10. Disclaimers

The Site and Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Train With Dave disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, non-infringement, and any guarantee of specific fitness or weight-loss outcomes. Results from training vary based on individual effort, consistency, biology, and other factors outside our control.

11. Limitation of liability

To the fullest extent permitted by law, Train With Dave, its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Site or Services. Our total liability for any claim arising out of or related to the Services will not exceed the amounts you paid to Train With Dave in the twelve months preceding the event giving rise to the claim.

12. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in Orange County, California, and you consent to the jurisdiction of those courts.

13. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. Material changes will be communicated by email to active clients. Your continued use of the Services after a change constitutes your acceptance of the updated Terms.

14. Contact us

Questions about these Terms can be sent to info@trainwithdaveoc.com or 714-904-2036.