Effective Date: August 2, 2026 · Last Reviewed: August 2, 2026
1. Agreement
These Terms & Conditions govern your use of executivefitness.com and the services provided by Kammel Enterprises, Inc., a California corporation, doing business as Executive Fitness. By using our website or services, you agree to these Terms. If you do not agree, please do not use our website or services.
2. Eligibility
You must be at least 18 years old to enter into an agreement for training services. Clients under 18 may train only with the written consent and, where we require it, the presence or acknowledgment of a parent or legal guardian.
3. Physical Activity, Health, and Assumption of Risk
Personal training involves physical exertion and carries an inherent risk of injury. Those risks include, without limitation, muscle strains and tears, sprains, fractures, joint injury, aggravation of pre-existing conditions, heat illness, fainting, and in rare cases cardiovascular events including heart attack or death.
You represent that you are in adequate physical condition to participate and that you have disclosed to us any medical condition, injury, surgery, medication, or physical limitation that could affect your ability to train safely. You agree to consult a physician before beginning any exercise program, and to obtain medical clearance where your physician recommends it or where we request it.
You agree to inform your trainer immediately if you experience pain, dizziness, shortness of breath, or any other symptom during a session, and to stop the activity. You participate voluntarily and, to the fullest extent permitted by California law, you assume the inherent risks of physical training. Nothing in this section waives liability for our own gross negligence or willful misconduct, or any liability that cannot be waived under California law.
Any separate waiver, informed consent, or health-history form you sign at the studio is in addition to these Terms, and in the event of a conflict the signed document controls.
4. No Medical Advice
Our trainers are fitness professionals, not physicians, physical therapists, or registered dietitians unless separately credentialed and identified as such. Information provided by us, on our website, or in our journal is for general educational purposes only and is not medical advice, diagnosis, or treatment. It does not replace the advice of your physician or other qualified healthcare provider. Never disregard professional medical advice or delay seeking it because of something you have read on our website. If you think you may have a medical emergency, call 911.
5. Training Services, Scheduling, and Cancellation
Training is delivered by appointment. Session length, frequency, and program design are agreed with your trainer. We ask that you provide reasonable advance notice to reschedule or cancel a session; the specific notice period and any late-cancellation or missed-session policy will be provided to you when you begin and forms part of your agreement with us.
We reserve the right to reschedule sessions due to trainer illness, facility issues, or events beyond our reasonable control, and will offer a replacement session in those circumstances.
6. Pricing and Payment
We do not publish rates on this website. Current pricing is provided directly, including at your complimentary intro, and the rates and package terms in effect when you purchase govern that purchase. Payment terms, expiration of any package, and refund eligibility are set out in the agreement or receipt provided at the time of purchase. This website does not process payments.
7. Photographs and Recording on Premises
We may photograph or film in the studio for marketing purposes. Wherever we intend to use an image or recording in which you are identifiable, we will obtain your written permission first. If you have given permission and later wish to withdraw it, contact us and we will stop using the material going forward and remove it from channels we control where reasonably practicable.
Please do not photograph or record other clients without their permission.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Executive Fitness, its owners, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, arising from or related to your use of our website, services, or premises.
Our total aggregate liability to you for all claims arising from or related to these Terms, our website, or our services shall not exceed the greater of (a) the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred dollars ($100.00).
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including but not limited to liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any liability that cannot be waived under the California Consumer Legal Remedies Act (Civil Code Section 1750 et seq.), the California Unfair Competition Law (Business & Professions Code Section 17200 et seq.), or other non-waivable statutory protections.
9. Indemnification
You agree to indemnify, defend, and hold harmless Executive Fitness, its owners, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your breach of these Terms; (b) your use or misuse of our website, services, or premises; (c) your violation of any applicable law, regulation, or third-party right; (d) any content you submit or transmit through our website; or (e) your failure to disclose a medical condition or limitation as required by Section 3. This indemnification obligation survives termination of these Terms.
10. Intellectual Property
All content on our website, including text, images, logos, program descriptions, and design, is owned by or licensed to Executive Fitness and is protected under intellectual property law. You may not reproduce, modify, or distribute our content without our written permission, except for personal, non-commercial reference.
DMCA notice. If you believe content on our website infringes your copyright, send a notice to info@executivefitness.com with: (a) identification of the copyrighted work; (b) identification of the infringing material and its location; (c) your contact information; (d) a statement that you have a good-faith belief the use is unauthorized; and (e) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. We respond to valid DMCA notices in accordance with 17 U.S.C. Section 512.
11. User-Submitted Content
When you submit reviews, photos, or other content related to us, you grant Executive Fitness a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content for marketing and operational purposes, with appropriate attribution where reasonable.
By submitting content, you represent that you own it or have the right to grant this license, and that it does not violate any third party’s intellectual property, privacy, or other rights. We may remove user-submitted content at our discretion. To have your content removed, contact us at info@executivefitness.com.
12. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.
Binding arbitration. Any dispute arising out of or relating to these Terms or your use of our services shall be resolved by binding arbitration administered by JAMS in Los Angeles County, California, under the then-current rules of that administrator. The arbitrator’s award is final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party bears its own costs unless the arbitrator awards fees to the prevailing party.
Exceptions. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm. Claims in small claims court, within jurisdictional limits, are also exempt from arbitration.
Class action waiver. You and Executive Fitness agree that all claims shall be brought in your or our individual capacity and not as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
PAGA waiver. To the extent permitted by law, you waive the right to bring representative claims under the California Private Attorneys General Act. If this waiver is found unenforceable, the PAGA claim shall be severed and litigated in court while remaining claims proceed in arbitration.
13. Modifications
We may modify these Terms at any time. Material changes will be communicated through reasonable means. Continued use after the effective date of changes constitutes acceptance.
14. Severability
If any provision is found unenforceable, it shall be reformed to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy, our Accessibility Statement, and any signed client agreements, waivers, or health-history forms, constitute the entire agreement between you and us regarding your use of our website and services.
16. Contact
Executive Fitness
5708 E. 2nd St, Long Beach, CA 90803
info@executivefitness.com
(562) 856-3932