Terms & Conditions

Last Updated: April 17, 2025

1. ACCEPTANCE OF TERMS
Welcome to D1 Training. These Terms and Conditions of Use ("Terms") govern your access to and use of the D1 Training website (d1training.com) and mobile application (collectively referred to as the "Platforms"). By accessing or using our Platforms, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Platforms.
Your ongoing use of our Platforms and the services provided by D1 Training is deemed to be consent to these Terms.

2. DEFINITIONS
"D1 Training," "we," "us," or "our" refers to D1 Training and its affiliates, subsidiaries, and parent companies.

"User," "you," or "your" refers to any individual who accesses or uses the Platforms or attends the Facilities.

"Facility" or "Facilities" refers to any D1 Training location, including all equipment, amenities, and services offered at such location.

"Content" refers to all information, text, images, data, links, software, or other material that D1 Training provides through the Platforms, or that users submit, post, or transmit through the Platforms.

"Franchisor" refers to D1 Sports Franchise LLC, its affiliates, parent companies and subsidiaries.

3. ELIGIBILITY
You must be at least 13 years of age to use our Platforms. If you are under 18 years of age, you represent that you have your parent or guardian's permission to use the Platforms. Please have them read these Terms with you.

4. ACCOUNT REGISTRATION
Some features of the Platforms may require you to register an account. When you register, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

5. PRIVACY POLICY
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you.

6. USER CONDUCT
When using our Platforms, you agree not to:
a) Violate any applicable laws or regulations; b) Infringe the rights of others, including intellectual property rights; c) Post or transmit any content that is unlawful, threatening, abusive, defamatory, or otherwise objectionable; d) Attempt to gain unauthorized access to the Platforms or related systems; e) Interfere with the proper functioning of the Platforms; f) Use the Platforms to send unsolicited communications; g) Impersonate any person or entity; h) Use automated means to access the Platforms without our permission; i) Collect user information without appropriate consent; j) Use the Platforms for any commercial purpose without our prior written consent.

7. INTELLECTUAL PROPERTY RIGHTS
7.1 Our Intellectual Property
The Platforms and its content, features, and functionality are owned by D1 Training and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Platforms without our prior written consent.

7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platforms for personal, non-commercial purposes in accordance with these Terms.

7.3 User Content
You retain ownership of any content you submit to the Platforms. By submitting content, you grant D1 Training a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and promoting the Platforms.

8. THIRD-PARTY CONTENT AND LINKS
The Platforms may contain links to third-party websites or services that are not owned or controlled by D1 Training. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that D1 Training shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. MEMBERSHIP AND FACILITY USAGE

9.1 Membership Purchase
You may purchase a membership or trial via the Platforms. If you do so, that agreement is with the relevant Facility and not D1 Training. Each Facility is independently owned and operated by a franchisee of D1 Sports Franchise LLC.

9.2 Additional Terms
The individual Facility may require you to complete a waiver or enter into separate membership terms and conditions ("Membership Terms"). 

9.3 Trial Memberships
If you purchase a trial membership, promotion, or offer ("Trial"), the Trial is non-refundable and is valid only for the duration specified in the purchase option.

9.4 Use of Image & Likeness
By participating in any activities at a D1 Training Facility or attending any events hosted by D1 Training, you consent to the capture and use of your image, likeness, and voice in photographs, video recordings, and audio recordings taken during such activities and events. This consent includes, but is not limited to, the use of the aforementioned media materials for promotional, advertising, and marketing purposes by D1 Training Facilities, the Franchisor and its affiliates, and authorized partners, across various media platforms including, but not limited to, print publications, websites, social media platforms, and digital marketing channels.

You acknowledge that D1 Training Facilities and/or the Franchisor may edit, alter, copy, exhibit, publish, or distribute these photos and recordings for purposes of publicizing D1 Training programs or for any other lawful purpose. Moreover, you waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears.

Clients who prefer not to have their images, likeness, or voice recorded or used for promotional purposes can opt-out by providing written notice to D1 Training's management. Please be aware that opting out after the promotional materials have been published may not result in the immediate or feasible removal of existing publications or materials.
By agreeing to these Terms, you release, discharge, and agree to hold harmless D1 Training, the Franchisor, its affiliates, franchisees, its officers, employees, and agents from any claims, damages, or liability arising from or related to the use of your image, likeness, or voice as described above, including without limitation any claims for invasion of privacy, infringement of your right of publicity, defamation, or any other personal and/or proprietary rights.
This consent is perpetual and irrevocable, continuing beyond the termination or expiration of your membership with D1 Training unless a specific written revocation of this consent is provided to and acknowledged by D1 Training.
For members under the age of 18, the parent or legal guardian hereby grants permission for D1 Training to use the minor's image, likeness, and voice as described in this section. Parents or guardians who wish to opt out on behalf of their children must provide written notice to D1 Training's management.

10. SUBSCRIPTION SERVICES AND PAYMENTS
10.1 Subscription Terms
If you purchase a subscription through the Platforms, the specific terms of your subscription will be provided at the time of purchase.

10.2 Payment Processing
Payment processing services for users on our Platforms are provided by our authorized payment processors. By using our paid services, you agree to be bound by the terms and conditions of our payment processors.

10.3 Cancellation and Refunds
Cancellation and refund policies for subscription services are provided at the time of purchase and in our Refund Policy.

11. DISCLAIMER OF WARRANTIES
11.1 Exercise Information
OUR WEBSITE AND/OR THE SERVICES PROVIDED BY D1 TRAINING ("SERVICES") MAY PROVIDE YOU WITH CERTAIN INFORMATION, INCLUDING, WITHOUT LIMITATION, TUTORIALS, WORKOUTS OR RECOMMENDATIONS. ALL SUCH INFORMATION IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY KIND. THE WEBSITE AND THE SERVICES DO NOT PROVIDE OR REPLACE ANY MEDICAL PROFESSIONAL OR MEDICAL RESOURCE. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE AND/OR THE SERVICES. FURTHER, ALL SUCH INFORMATION MADE AVAILABLE THROUGH THE WEBSITE AND/OR THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY USE OF, OR RELIANCE ON, SUCH INFORMATION IS AT YOUR SOLE RISK.

11.2 Platforms and Services
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE WEBSITE) IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE WEBSITE) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

12. LIMITATION OF LIABILITY
12.1 Assumption of Risk
Without limiting any of the rights or obligations under the Waiver, by becoming a member of D1 TRAINING and/or attending sessions, events, activities, and other programs and using D1 TRAINING facilities and equipment, you hereby acknowledge and agree: a. that there are certain inherent risks and dangers in the strenuous nature of the D1 TRAINING workout program; b. you have voluntarily chosen to participate in an intense physical exercise program; c. you understand that D1 TRAINING strongly recommends that you consult with a physician prior to commencing any sessions; d. you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack or death; and e. you assume all risk for your health and well-being.

12.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, D1 TRAINING, THE FRANCHISOR (D1 SPORTS FRANCHISE LLC), AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF BUSINESS, OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR FACILITIES, SERVICES, OR EQUIPMENT.

12.3 Liability Cap
IN ANY EVENT, THE TOTAL AGGREGATE LIABILITY OF D1 TRAINING, THE FRANCHISOR, AND THEIR AFFILIATES FOR ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL MEMBERSHIP FEES PAID BY YOU TO D1 TRAINING TO DATE. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

12.4 State Law Rights
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless D1 TRAINING, the Franchisor (D1 Sports Franchise LLC), and their affiliates, franchisees, officers, employees, and agents from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys' fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation or breach of these Terms; (ii) your use of the Platforms and/or the Services (including, without limitation, any products and/or services offered via the Platforms); (iii) your dispute with another user; (iv) your violation of any rights of any third party; (v) any claim related to your user content; or (vi) your violation of applicable law.
This indemnification obligation will continue after you stop using the Platforms and/or the Services. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

14. CONSENT TO ELECTRONIC COMMUNICATIONS
14.1 Electronic Communications
You agree that we or our authorized agents may provide you in electronic form any information or other communications regarding our Services. These communications may be provided through our Platforms, e-mail, text message or another website. When you visit our Platforms, use the Services, or communicate with us electronically, you consent to receive communications from us electronically.

14.2 Electronic Notices
We may send you responses or notices by e-mail, posting to the Platforms, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14.3 E-SIGN Act Consent
In accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), you consent to the use of electronic records for all communications and transactions with D1 Training. You have the right to withdraw this consent by contacting us in writing, but this may affect our ability to provide services to you.

15. TERM AND TERMINATION
15.1 Term
These Terms shall remain in full force and effect while you use the Platforms.
15.2 Termination by You
You may terminate your account at any time by following the instructions on the Platforms or by contacting us.

15.3 Termination by Us
We may suspend or terminate your account or your access to all or part of the Platforms, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

16. CHANGES TO TERMS
We may revise these Terms at any time by updating this page. Your continued use of the Platforms after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Platforms. We will provide notice of material changes to these Terms either by posting a notice on our Platforms or by sending you an email at the address associated with your account.

17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Tennessee, without regard to its conflict of law provisions.

17.2 Dispute Resolution
Any dispute arising from or relating to these Terms or your use of the Platforms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

18. CLASS ACTION WAIVER
YOU AND D1 TRAINING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

19. MISCELLANEOUS PROVISIONS
19.1 Waiver
We will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by us. A failure to exercise or delay in exercising any right by us under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.

19.2 Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable, this will not affect any other provision in these Terms.

19.3 Assignment
You may not assign or transfer your membership or any rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent to a subsidiary or affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

19.4 Third-Party Beneficiary
D1 Sports Franchise LLC, as the Franchisor, is an intended third-party beneficiary of these Terms and may enforce its rights hereunder directly.

20. STATE-SPECIFIC PROVISIONS
20.1 State Law Compliance
This agreement is intended to comply with the health club services laws of each state in which D1 Training operates. To the extent any provision conflicts with such laws, the state-specific requirements shall govern.

20.2 Statutory Rights
Members may have additional rights under state laws governing health club memberships. These rights vary by state and may include specific refund provisions, disclosure requirements, and cooling-off periods. Nothing in these Terms shall be construed to limit your statutory rights under applicable state law.

21. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any other legal notices published by D1 Training on the Platforms, shall constitute the entire agreement between you and D1 Training concerning the Platforms.

22. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:

D1 Training
support@d1training.com 

By using the D1 Training Platforms or mobile application, you acknowledge that you have read these Terms and agree to be bound by them.