terms-and-conditions

Last Updated: August 26, 2026

Welcome to Downing's Gym. These Terms & Conditions (“Terms”) govern your use of the Downing's Gym website and certain online services offered through it.

By accessing or using our website, submitting a form, requesting a free trial or personal training consultation, or otherwise using our online services, you agree to these Terms.

Website Use

The Downing's Gym website is provided to give visitors information about our locations, memberships, personal training, events, services, and other offerings.

You agree to use the website only for lawful purposes and not to:

  • Submit false, fraudulent, or misleading information

  • Attempt to interfere with the operation or security of the website

  • Attempt to gain unauthorized access to our systems or accounts

  • Use automated systems to abuse forms, promotions, trials, or other services

  • Use the website in a manner that violates applicable law or the rights of others

We may modify, suspend, or discontinue portions of the website or its features at any time.

Memberships

Information regarding memberships, pricing, promotions, and other offerings displayed on the website is provided for informational and enrollment purposes.

Gym memberships may be subject to a separate membership agreement, including applicable payment terms, cancellation provisions, facility rules, policies, and other conditions presented during enrollment.

If there is a conflict between these website Terms and the terms of a membership agreement applicable to your membership, the membership agreement will control with respect to that membership.

Membership offerings, prices, promotions, and availability may change from time to time.

Free Trials

Downing's Gym may offer complimentary free trials to eligible prospective members.

Free trials are intended for legitimate prospective members and may be limited to one free trial per person, including across Downing's Gym locations.

Submitting a free trial request does not guarantee eligibility. Downing's Gym may verify existing customer records, membership status, previous trial usage, or other relevant information to determine eligibility.

Individuals who are current members or who have previously redeemed a free trial may not be eligible for another free trial.

Free trial availability, duration, redemption requirements, staffed-hour requirements, facility access, and other conditions may be subject to change.

Identification or additional information may be required before facility access is provided.

Downing's Gym reserves the right to deny, revoke, or discontinue a free trial in cases of suspected fraud, abuse, misuse, safety concerns, or violation of gym policies.

Personal Training Consultations

Submitting a personal training consultation request indicates your interest in being contacted by Downing's Gym regarding personal training services.

A consultation request does not guarantee an appointment, trainer availability, specific scheduling, pricing, or acceptance into a personal training program.

Information regarding your goals and interests may be used by our staff to better understand your needs and prepare for follow-up.

Personal training services, if purchased, may be governed by additional agreements, policies, payment terms, cancellation policies, or other conditions.

Website Forms and Enquiries

When you submit information through our website, you agree that the information you provide is accurate to the best of your knowledge.

Information submitted through our website may be used to create or update a customer or prospective-member record in the systems used by Downing's Gym.

If we identify an existing record associated with information you provide, we may update that existing record rather than create a duplicate record.

Our collection and use of personal information is further described in our Privacy Policy.

SMS and Voice Communications

When a website form provides the option to consent to SMS or voice communications, selecting that option constitutes your affirmative consent to receive applicable communications from Downing's Gym at the telephone number you provide.

These communications may relate to your:

  • Free trial

  • Personal training enquiry

  • Membership enquiry

  • Appointments

  • Requested services

  • Follow-up regarding your interest in Downing's Gym

  • Other related Downing's Gym services

Message frequency varies. Message and data rates may apply.

You may opt out of SMS messages at any time by replying STOP.

For assistance, reply HELP or contact downingsgym@gmail.com.

Consent to receive marketing SMS or voice communications is not a condition of purchasing a membership, personal training, or any other service.

Your mobile information and SMS opt-in consent will be handled as described in our Privacy Policy.

Email Communications

If you provide your email address, we may use it to respond to your request and provide communications relating to your enquiry, trial, membership, appointment, services, or other interactions with Downing's Gym.

Where applicable, marketing emails will include an appropriate method for unsubscribing from future marketing communications.

Third-Party Services

Downing's Gym uses third-party platforms and service providers to operate portions of our website, membership systems, customer-management systems, communications, analytics, advertising, and related business operations.

These may include services such as Squarespace, Gym Sales, ABC Fitness, Cloudflare, Meta, Zapier, and other service providers, as applicable.

Your interaction with certain third-party services may also be governed by their respective terms and privacy policies.

Downing's Gym is not responsible for the availability, security, terms, privacy practices, or operation of independent third-party services except to the extent required by applicable law.

Advertising and Analytics

We may use analytics and advertising technologies to understand how visitors interact with our website, measure advertising effectiveness, attribute leads and conversions, and improve our marketing.

This may include technologies provided by Meta or other advertising and analytics providers.

Our use of personal information and tracking technologies is further described in our Privacy Policy.

Promotions and Special Offers

From time to time, Downing's Gym may offer promotions, challenges, discounts, events, trials, or other special offers.

Such offers may have additional eligibility requirements, deadlines, rules, limitations, or terms.

If additional terms are provided for a particular promotion or event, those terms will apply in addition to these Terms.

Facility Rules and Conduct

Use of a Downing's Gym facility is subject to applicable gym rules, safety requirements, membership terms, staff instructions, and facility policies.

Website access, submission of a form, or receipt of a free trial does not exempt any person from complying with those requirements.

We reserve the right to restrict or revoke facility access when reasonably necessary for safety, security, rule enforcement, suspected abuse, or other legitimate business purposes, subject to applicable agreements and law.

Website Content

Content on the Downing's Gym website, including text, graphics, logos, photographs, videos, designs, and other materials, is owned by Downing's Gym or used with appropriate permission, except where otherwise indicated.

You may view website content for your personal, non-commercial use.

You may not reproduce, distribute, modify, republish, or commercially exploit our content without permission where such permission is required.

Accuracy and Availability

We make reasonable efforts to keep information on our website accurate and current. However, we do not guarantee that every piece of website information will always be complete, current, or error-free.

Prices, staffed hours, services, promotions, equipment, schedules, membership options, and other information may change.

The website and online services may occasionally be unavailable because of maintenance, technical issues, third-party service interruptions, or circumstances outside our control.

Disclaimer

To the extent permitted by applicable law, the website and its content are provided on an “as available” basis.

Information provided through the website is general information and should not be considered medical, health, nutritional, or other professional advice.

Exercise and physical activity involve inherent risks. You are responsible for determining whether participation in exercise or other activities is appropriate for you and for seeking appropriate professional guidance when necessary.

Nothing on the website replaces the terms of any waiver, membership agreement, personal training agreement, or other agreement entered into between you and Downing's Gym.

Limitation of Liability

To the fullest extent permitted by applicable law, Downing's Gym will not be liable for indirect, incidental, special, consequential, or similar damages arising solely from your use of, or inability to use, the website or online services.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited.

Privacy

Your use of our website and submission of personal information are also subject to our Privacy Policy.

Please review the Privacy Policy for information about how we collect, use, disclose, and protect personal information.

Changes to These Terms

We may update these Terms periodically to reflect changes to our website, services, technologies, business practices, or legal requirements.

When changes are made, we may update the “Last Updated” date at the top of this page.

Your continued use of the website after updated Terms are posted constitutes acceptance of the updated Terms to the extent permitted by applicable law.

Governing Law

These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Contact Us

Questions about these Terms may be directed to:

Downing's Gym
Email: downingsgym@gmail.com