Privacy & Terms - Lifted Fitness + Performance

Effective Date: October 23, 2025

Welcome to Lifted Fitness. By using our website, services, mobile applications, and third-party platforms connected to our business, you agree to the following terms and policies. Please read them carefully.

Privacy Policy

LIFTED FITNESS LLC (we”, “our”, “us”) respects the privacy of visitors to https://liftedgyms.com/ and any related web pages, including service pages (the “Website”). This Privacy Policy outlines the information we collect from users of the Website (“user”, “you” and “your”) and how we will use that information. If you are not comfortable with the policies and practices this Privacy Policy describes, you should not use the Website. We may change this Privacy Policy at any time in our sole discretion as detailed below.

By using our Website, you agree to this Privacy Policy. This is our entire and exclusive Privacy Policy and supersedes any earlier version. We may change it by posting a new version on our Website and you consent to the change by your use of the Website after such posting.

Information We Collect

We collect information that you provide to us or that is otherwise provided to us on your behalf. If you do not provide information when requested, you may not be able to benefit from our services if that information is necessary to provide you with the service or if we are legally required to collect it.

When you sign up, book classes, or purchase services, we may collect personal information including your name, email address, phone number, mailing address, payment details, billing information, health and fitness information, medical conditions, emergency contact details, birth date, and photo identification.

Other categories of information we may collect are: (i) protected class information, such as age and gender; (ii) commercial information, such as transactional history with us; and (iii) account information, such as your username, password, unique user ID, and communication preferences.

Information Collected from Third Party Sources

If you connect your social media accounts to our services, we may also collect certain information from your social media account, including, email address, photo, list of social media contacts, and any other information that may be accessible to us when you connect your social media account to our services. The information that may be accessible depends on your security settings and the privacy policy of the social media network.

We may work with financial institutions, including but not limited to Stripe, to link and verify bank account details. This may include account numbers, routing numbers and other related personal information.

We may also collect information from additional sources, including equipment manufacturers, franchisees, corporate affiliates and marketing partners.

Information Collected Automatically

We also collect usage data that helps us understand how our services are used. This includes non-identifiable information such as your browser type, device information, IP address, website interaction data, page views, session duration, and app usage statistics and preferences. With your consent, we may also collect location data to enhance your experience.

Our website and mobile applications use cookies and similar technologies to remember your preferences, improve your experience, and help us understand how our services are used.

How We Use Your Information

We use the information we collect to provide our core services including scheduling, memberships, and training programs. This information also allows us to process payments, manage your account, communicate important updates, promotions, or policy changes, and ensure facility safety and security. We use your data to comply with legal obligations, improve our services, send marketing communications with your consent, conduct analytics and business intelligence, provide customer support, and resolve disputes.

Sharing of Information

We do not sell your personal data to third parties. We may disclose personal information we collect with service providers including Mindbody, Trainerize, Stripe, email systems, and other vendors strictly for the purpose of delivering Lifted Fitness services. We may also share information with legal authorities as required by law, regulation, court order (including but not limited to subpoena) or other legal process, or to protect our rights and safety.

Additionally, we may share information in emergency situations (as determined in our sole discretion) to protect your health and safety or the health and safety of another user or member.

We may also share information with (i) corporate affiliates, (ii) franchisees so you may receive services at a franchisee location, (iii) marketing partners, (iv) social media platforms you interact with us on, (v) a buyer or other successor in the event of a merger, divesture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Website users is among the assets transferred, or (vi) any other persons with your affirmative consent.

Data Retention

We retain non-personally identifiable information collected from Website visitors indefinitely. We retain personally identifiable information collected from you only as long as necessary for the purpose for which you provided it or as required by law. We may maintain and process such information directly or indirectly in one or more databases in the United States or elsewhere.

Your Privacy Rights

All users have the right to request access to their personal data, request correction of inaccurate information, and opt out of marketing communications at any time. You may receive marketing emails related to promotions, events, and updates, but you can opt out at any time by following the unsubscribe instructions in our emails. If you unsubscribe from our marketing communications, you will not automatically become unsubscribed from the marketing communications of any franchisee you joined or to which your e-mail address has been provided as set forth in this Privacy Policy. Each franchise is an independently owned and operated business and we do not control a franchisee’s use of your e-mail address.

To exercise any of these rights, contact us at legal@liftedgyms.com with your request.

When you opt-out or unsubscribe, you are doing so from our marketing messages. We may continue to send you transactional messages relevant to our business relationship. Transactional messages include information on product and service updates and membership agreement expirations and renewals.

Third-Party Platforms

When you use Mindbody, Trainerize, social media platforms to interact with us, other platforms linked to our services or any links contained on the Website maintained by third parties, you become subject to their respective privacy policies and terms of service. We are not responsible for their data practices, so we encourage you to review their policies separately. Any link to another site does not imply affiliation or endorsement of such linked site in any way.

Children’s Privacy

The Website is not directed at persons under 18 years old and our content and other services are not written, intended or designed for persons under 18 years of age. We do not intend to collect any personally identifiable information from such individuals. Where appropriate, we will specifically instruct children not to submit such information on the Website. If a child has provided us with personally identifiable information, a parent or guardian of that child should contact us at legal@liftedgyms.com if he or she would like this information deleted from our records. We will use reasonable efforts to delete the child’s information from our existing files.

Data Security

We implement reasonable security measures to protect your data from loss, misuse and unauthorized access, disclosure, alteration or destruction, but you acknowledge the inherent risks of online transactions. No method of online storage or transmission is completely secure, and although we do our best to protect your personal information, we cannot guarantee absolute security. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You are responsible for maintaining the confidentiality of your login credentials and should notify us immediately if you suspect unauthorized access to your account.

Media Release Agreement

By entering our facilities, you grant Lifted Fitness permission to capture, use, and publish photographs, videos, or other media of you taken during your participation in gym activities or events on the Website or our social media accounts. These materials may be used for promotional, marketing, or educational purposes across social media, websites, print materials, or other marketing platforms without compensation or further notice. You understand that Lifted Fitness owns these materials and waive any rights to review or approve their use. You may revoke consent in writing for future uses only, without affecting past publications. You release Lifted Fitness from any claims related to the use of your image.

To opt-out, you must provide written notice to legal@liftedgyms.com.

Individual State Privacy Requirements

Several states have enacted, or will enact, comprehensive consumer data privacy laws protecting the residents of these states, or may from time-to-time amend such existing consumer data privacy laws. Presently, we do not meet any of the individual state thresholds which would require us to comply with any individual state-enacted consumer data privacy laws that are presently in effect.

Changes to Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you. The date our Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Legal

The Website operates as-is and as available. Any warranties of accuracy, quality, title, fitness or merchantability are disclaimed. We are not liable for direct, indirect, incidental or consequential damages, or for events beyond our direct control. Massachusetts law governs this Privacy Policy, excluding conflicts of law principles. Any provision of this Privacy Policy that is illegal or unenforceable shall be deemed automatically conformed to the minimum requirements of law. Any legal actions against us must be commenced in the Commonwealth of Massachusetts within one year after the claim arose, or be barred.

Terms of Use

These Terms of Use (“Terms”) apply to https://liftedgyms.com/ and any related web pages, including service pages (the “Website”). Please read the Terms of Use carefully.

As used herein, the words “user”, “you”, and “your” mean users of the Website and the words “we”, “our” and “us” mean Lifted Fitness LLC.

We reserve the right to revise these Terms at any time, in our sole discretion, at any time and from time-to-time by updating this posting with or without notice, and also to modify or terminate any products, services, or features on the Website at any time. All products, services, or features available on or through this Site are subject to these Terms.

Limitations on Use

You may browse the Website, and you may download material displayed on the Website, all for non-commercial, personal use only. You may not remove any copyright, trademark or other proprietary notices from materials you download. Nor may you distribute, modify, transmit, reuse, re-post, or use any material from the Website for public or commercial purposes. These limitations apply to all material on the Website, including but not limited to the text, computer code, images, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of Lifted Fitness LLC and/or its contributors.

You may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Site.

Disclaimers

The information contained on this website is for informational or entertainment purposes only, and should not be construed as advice on any matter. The material on this Website may not reflect the most current developments of the fitness industry. We disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional advice.

Further, the information contained on this Website is not intended to be a solicitation or an offer to sell any product or service, nor is the information a complete description of all terms, conditions and exclusions applicable to the products and services described.

Any links to other websites from the Website are for convenience purposes only. These links do not imply endorsements of such websites or the information contained on them, and we are not responsible for the content of such sites.

EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY PRODUCTS, SERVICES, FEATURES, INFORMATION OR ADVICE ON THE WEBSITE, AS WELL AS FOR ANY SUCH ITEMS OR OTHER CONTENT AVAILABLE THROUGH ANY LINKS TO THE WEBSITE.

Privacy

Disclosure and use of information obtained from Users and, if applicable, third parties is subject to our Privacy Policy.

Submissions

You hereby grant to us a perpetual, worldwide, royalty-free license to any information or materials you submit to us – for use by us and our affiliates, licensees and assignees for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, inclusion in products sold by us and posting in any and all media. This includes any ideas, concepts, know-how, or techniques in any such submission.

Trademarks

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website, are the Trademarks of us, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Website without the written permission of us or the third party that may own the relevant material.

Intellectual Property Infringement Claims

We will respond as quickly as practical to any claims that infringing material appears on the Site, including investigating any such claims and taking any appropriate action under applicable laws. If we receive a notice of infringement in accordance with the Digital Millennium Copyright Act (the “Act”), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. Notices of alleged infringement should be sent to:

legal@liftedgyms.com

Lifted Fitness LLC
72 K Street
South Boston, MA 02127

Attention: Registered Agent

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If we remove or disable access to any allegedly infringing material, we may attempt to contact the person who has posted that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act before we replace or restore access to the allegedly infringing material.

Limitation of Liability

Lifted Fitness and its affiliates and their respective members, managers, officers, employees, contractors and agents (in each case, a “Released Party”) shall not be liable for any direct, indirect, incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services or features, even if advised of the possibility of such damages or losses. Each Released Party’s maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed one dollar (US$1.00).

Indemnity and Release

As a material inducement to provide you with use of the Site, by using the Site, (i) you release each Released Party from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Site or any materials downloaded from this Site and (ii) you indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys’ fees and costs.

If you have a dispute involving the Site with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in these Terms are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.

Governing Law

These terms and conditions are governed by the laws of the Commonwealth of Massachusetts, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating hereto or to any use of this Website shall be resolved exclusively in the State or Federal Courts of Massachusetts, and you consent to the jurisdiction of such courts for any such disputes.