Terms of Service

Effective Date: April 28, 2026

These Terms of Service (“Terms”) govern your use of the Able Years website (https://ableyears.com) and your participation in Able Years fitness programs and services. By using our website, submitting a form, enrolling as a member, or participating in any Able Years class or service, you agree to be bound by these Terms.

Able Years LLC (“Able Years,” “we,” “us,” or “our”) is a Washington State limited liability company (UBI 606 140 951) operating a boutique fitness coaching studio in Spokane, Washington.

Plain-Language Summary

1. Most of what's in here is standard. It describes the services, pricing, billing, what we expect of each other, and what happens if things go wrong.
2. Some of it limits your legal rights. Washington law protects you in certain ways no contract can override, but within what the law allows, this contract limits Able Years' liability for ordinary mistakes. The waiver of liability is a separate document that you'll sign at your Strategy Session.
3. You can cancel. You have a three-day cancellation right under Washington law (Section 5.1), and your membership is month-to-month — you can cancel any time after that, with 30 days' notice or as described in the Refund and Cancellation Policy.

1. Acceptance of Terms

By creating an account, booking a Strategy Session, enrolling as a member, or participating in any Able Years class or service, you (“you” or “Member”) agree to these Terms of Service and to the policies referenced here. If you do not agree, do not use Able Years' services.

We capture your acceptance with a checkbox at the time you create an account, book a Strategy Session, or enroll, plus the timestamp and IP address of that event. We retain that record for the duration of your membership and for at least seven (7) years thereafter.

2. Description of Services and Eligibility

2.1 What we are

Able Years operates a coached, small-group fitness studio. Our services include:

• The Independence Assessment (a 10-question online self-assessment).
• The Strategy Session (an in-person intake, health screening, and movement assessment).
• Coached group fitness classes for adults aged 60 and older (cap of 10 members per class).
• Periodic reassessments and progress tracking.

2.2 What we are not

Able Years is nota medical provider, physical-therapy practice, rehabilitation facility, healthcare clinic, or any other licensed clinical service. Our coaches are certified fitness professionals — not licensed medical practitioners. Our services are not medical advice, diagnosis, or treatment. See the Medical Disclaimer for details.

2.3 Eligibility

To participate in Able Years services, you must:

• Be at least 18 years of age and have legal capacity to enter into a contract.
• Provide truthful health information at intake (PAR-Q+, intake form, and verbal disclosure).
• Sign the Liability Waiver before participating in any physical activity.
• Provide valid emergency-contact information.
• Comply with these Terms and with reasonable studio rules.

3. Membership Terms

3.1 Membership Plans

• 2 classes per week: $249 per month (standard) or $219 per month (Founding Member rate).
• 3 classes per week: $349 per month (standard) or $309 per month (Founding Member rate).

All classes are 60 minutes and capped at 10 members. Membership is month-to-month.

3.2 Founding Member Terms

The first 40 enrolled members receive Founding Member benefits, including:

• Strategy Session at $49 (instead of the standard $149). The full $49 is applied as a credit to your first month's membership fee if you enroll.
• The first week of classes at no cost following enrollment.
• Month-to-month membership with rate protection: Able Years intends not to raise the Founding Member rate ($219 / 2-class or $309 / 3-class) for these founding members for the duration of their continuous membership. Founding Members remain free to cancel month-to-month at any time. This rate protection is a benefit you receive, not an obligation you take on.
• Recognition on the Founding Wall (with your separate written consent — see the Photo and Video Release).
• All other program benefits described elsewhere in these Terms, including the 90-Day Promise.

Founding Member benefits are applied at the time of enrollment, are not retroactive, and are not transferable.

3.3 Billing

• Membership fees are billed monthly on the same day of the month as your enrollment date.
• You authorize recurring monthly charges to the payment method on file until you cancel.
• If a payment fails, we will notify you and attempt to process the payment again. If payment is not received within 14 days, your membership may be suspended until payment is resolved.
• We do not collect more than the current month's fees in advance.

3.4 The 90-Day Promise

If your Independence Score does not improve within 90 days of your enrollment date, you are entitled to a full refund of all monthly membership fees paid during that 90-day period, subject to these conditions:

• (a) You attended at least 75% of your scheduled classes during the 90-day period. Classes Able Years cancelled, and classes missed during a medical hold, do not count against you.
• (b) Classes missed during a medical hold do not count against attendance, and the 90-day period is paused during any hold.
• (c) Your Independence Score is measured both at enrollment and at the 90-day reassessment using Able Years' standard assessment protocol.
• (d) Refund requests must be made in writing within 14 days of your 90-day reassessment.

The refund applies to monthly membership fees paid during the 90-day period only. See the Refund and Cancellation Policy for the full terms.

3.5 Auto-Renewal Disclosure (RCW 19.395)

4. Text Message Program

Able Years operates an SMS messaging program for prospective and current members. Messages may include responses to your inquiries, appointment and class reminders, scheduling confirmations, membership updates, and (only if you opted in to marketing messages) occasional promotional messages about Able Years services and events.

4.1 Consent

By providing your phone number on a form and checking the appropriate consent boxes, you consent to receive text messages and phone calls from Able Years at the phone number provided. We capture separate consents for transactional and marketing messages.

4.2 Frequency

You may receive between 1 and 10 messages per month depending on your membership status.

4.3 Rates

Standard message and data rates may apply, depending on your wireless carrier and plan.

4.4 Opting Out

You may opt out at any time by replying STOP to any message, texting HELP for assistance, emailing nick@ableyears.com, or calling Able Years.

4.5 Age Restriction

You must be at least 18 years of age to subscribe to our text message program.

Carrier Liability

Carriers are not liable for delayed or undelivered messages. By participating in the Able Years LLC SMS program, you acknowledge that message delivery depends on mobile carrier networks and that neither Able Years LLC nor its messaging service providers are responsible for delivery failures, delays, or errors caused by carrier networks, your device, or other factors outside our reasonable control.

5. Cancellation and Refund Rights

5.1 Three-Day Right to Cancel (RCW 19.142)

5.2 Ongoing Cancellation

Able Years memberships are month-to-month. You may cancel your membership at any time by providing written notice. We accept cancellation by:

• Email to nick@ableyears.com.
• U.S. mail to: Able Years LLC, Spokane, Washington (specific address available upon request — studio location to be confirmed).
• Hand delivery at our studio.

Your cancellation is effective at the end of your current billing cycle. You will not be charged for any period after your cancellation is effective.

6. Membership Holds

6.1 Medical Holds

If you experience a medical event, illness, injury, hospitalization, surgery, or other health-related circumstance, you may place your membership on hold at no charge for as long as needed. There is no limit on the duration or number of medical holds.

6.2 Non-Medical Holds

You may place your membership on hold for non-medical reasons (travel, family obligations, etc.) for up to 60 days per calendar year at no charge. Holds beyond 60 days for non-medical reasons may be subject to a reduced monthly hold fee, communicated to you in advance.

7. Health Studio Services Act (RCW 19.142) Compliance

• Three-day cancellation right — Section 5.1.
• Maximum contract term — Able Years does not bind members to contract terms exceeding 24 months. Founding Member rate protection in Section 3.2 is a price benefit; members remain free to cancel month-to-month at any time.
• Bonding/trust requirement — RCW 19.142.040 requires a bond when more than three months of fees are collected in advance. Able Years does not collect more than the current month's fee in advance and is therefore not subject to this requirement under the current pricing model.

8. Risk and Liability

8.1 Acknowledgment of Physical Risks

Physical exercise involves inherent risks of injury, including falls, cardiac events, musculoskeletal injuries, and aggravation of pre-existing conditions. The full list of acknowledged risks is in the Liability Waiver, which you will sign before any physical activity.

8.2 Liability Waiver

Before participating in any physical activity at Able Years (including the movement-assessment portion of the Strategy Session), you must read and sign the Assumption of Risk, Release of Liability, and Indemnification Agreement. The Liability Waiver is a separate document presented at your Strategy Session.

8.3 Medical Disclaimer

See the Medical Disclaimer. Able Years is not a medical provider, and our services do not constitute medical advice, diagnosis, or treatment.

9. Family-Member Enrollments

If you are inquiring about or helping to enroll a family member in Able Years' programs:

• The participating member must personally complete the PAR-Q+ health screening, sign the Liability Waiver, and attend the Strategy Session.
• You may not sign legal documents on behalf of the participating member unless you hold a valid legal power of attorney.
• Progress reports may be shared with you only with the participating member's explicit, separate, written consent.
• We will not knowingly enroll a participant who lacks capacity to consent to their own physical participation.

10. Intellectual Property

All content on the Able Years website, including text, graphics, logos, images, and software, is the property of Able Years LLC, our licensors, or our service providers, and is protected by applicable copyright, trademark, and other intellectual property laws.

Our exercise programming, assessment protocols, and coaching methodology are proprietary to Able Years and our methodology licensors. You agree not to reproduce, distribute, or create derivative works based on our programming or assessment systems for commercial purposes.

11. Limitation of Liability

11.1 Damage cap

Except as provided in Section 11.2, the total cumulative liability of Able Years to you, for all claims arising from these Terms or your use of Able Years' services, shall not exceed the total amount of membership fees you have paid to Able Years in the 12 months preceding the claim.

11.2 Carve-outs from the cap

The damage cap in Section 11.1 does not apply to claims arising from:

• Bodily injury to you or your estate.
• Gross negligence, recklessness, or intentional misconduct by Able Years.
• Statutory rights that cannot be waived or limited by contract under controlling law, including the Washington Consumer Protection Act (RCW 19.86), the My Health My Data Act (RCW 19.373), the Health Studio Services Act (RCW 19.142), the Telephone Consumer Protection Act (47 U.S.C. § 227), and any other statute creating a non-waivable private right of action.

11.3 Disclaimer of Warranties

Other than express warranties stated in these Terms (including the 90-Day Promise) and warranties that cannot be disclaimed under Washington law, Able Years' services are provided “as is” without warranty of any kind.

12. Indemnification

You agree to indemnify, defend, and hold harmless Able Years from any claim, damage, loss, expense, or liability (including reasonable attorneys' fees) arising from:

• Your provision of materially inaccurate, incomplete, or untruthful health information.
• Your failure to inform Able Years of a material change in your health when required.
• Your willful, reckless, or intentional misconduct on Able Years' premises or during any class.
• Your damage to Able Years' equipment caused by misuse.

This indemnification does notrequire you to indemnify Able Years for any claim arising from Able Years' own negligence, gross negligence, or intentional misconduct, or for any claim brought by you (or your estate) for your own injury.

13. Modifications to These Terms

13.1 Material changes

For material changes, we will:

• Send an email notice describing the change at least 30 days before the change takes effect.
• Post a notice at the top of the Terms page on our website.
• For changes less favorable to existing members, honor your prior terms for the duration of any benefit you have already earned.

13.2 Non-material changes

Non-material changes (typo fixes, formatting, clarifications) may be made without advance notice.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles.

14.2 Informal Resolution

Before either party initiates any legal action, the party seeking relief shall send a written notice describing the dispute (to Able Years, by email to nick@ableyears.com), and the parties shall make a good-faith effort to resolve the dispute informally for at least 30 days.

14.3 Mandatory Mediation

If the dispute is not resolved through informal resolution, the parties shall participate in non-binding mediation with a single mediator in Spokane, Washington, before either party initiates litigation. The parties shall agree on a mediator within 14 days of the end of the informal-resolution period; if they cannot agree, the mediator shall be selected by JAMS Spokane. Mediation shall be completed within 60 days of selection of the mediator. Each party shall bear its own mediation costs, and the mediator's fee shall be split equally.

14.4 Court

If mediation does not resolve the dispute, either party may initiate litigation in the state or federal courts located in Spokane County, Washington. Both parties consent to the personal jurisdiction of those courts.

14.5 Exclusions from mandatory mediation

Mediation is not required, and either party may proceed directly to litigation, in any of the following situations:

• A claim for injunctive or equitable relief to prevent imminent harm.
• A claim within the jurisdictional limit of the Spokane County District Court (small claims).
• A claim subject to a statutory deadline that would expire during the mediation period, where the other party has refused to toll the deadline by written agreement.

14.6 Statutory rights preserved

Nothing in this Section limits your rights under the Washington Consumer Protection Act, the My Health My Data Act, the Health Studio Services Act, the Telephone Consumer Protection Act, or any other statute creating a private right of action.

14.7 Attorneys' fees

Each party bears its own attorneys' fees, except as expressly provided by an applicable statute.

15. Force Majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics or government-ordered closures, civil unrest, war or terrorism, failures of utility/transportation/communication/banking infrastructure, or third-party service-provider outages.

In the event of a prolonged force-majeure event that prevents Able Years from offering classes for more than 14 consecutive days, we will pause your billing for the duration of the closure and credit any prepaid fees pro rata.

16. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to make it valid and enforceable.

17. Assignment

Able Years may assign these Terms in connection with a merger, acquisition, sale of assets, or similar business transaction, provided that the successor entity assumes Able Years' obligations under these Terms. You may not assign these Terms without Able Years' prior written consent.

18. Entire Agreement

These Terms, together with the Privacy Policy, the Consumer Health Data Privacy Policy, the Cookie Policy, the Refund and Cancellation Policy, the Medical Disclaimer, the Liability Waiver, any membership agreement you sign, and any other policy or agreement expressly referenced here, constitute the entire agreement between you and Able Years regarding your use of our website and services.

19. Contact

• Email: nick@ableyears.com
• Phone: (509) 309-0946
• Mail: Spokane, Washington (specific address available upon request — studio location to be confirmed)
• WA Business License (UBI): 606 140 951

If you believe Able Years has violated the Washington Health Studio Services Act, the Washington Consumer Protection Act, or the My Health My Data Act, you may file a complaint with the Washington State Attorney General's Consumer Protection Division at www.atg.wa.gov/file-complaint.