MAUI POWERHOUSE GYM

Comprehensive Terms & Conditions

LPS Gyms Inc (A Hawaiʻi Corporation) • A Licensee of Powerhouse Gym International, Inc.
Kīhei • Lahaina • Kahului, Maui, Hawaiʻi • ABC Clubs #04543 & #40484
Gym Memberships • The Studio Maui • Programs & Divisions • GADGET Messaging • Online Store (mauigymshop.com)

Effective Date: December 1, 2017  |  Last Updated: April 12, 2026

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.

PART I — MEMBERSHIP AGREEMENT & BILLING TERMS

1. About Us & Parties to This Agreement

Maui Powerhouse Gym (“MPHG,” “Gym,” “Club,” “we,” “us,” or “our”) is owned and operated by LPS Gyms Inc (A Hawaiʻi Corporation, and is a Licensee of Powerhouse Gym International, Inc. We operate fitness facilities in Kīhei, Lahaina, and Kahului, Maui, Hawaiʻi, and operate The Studio Maui fitness and cycle program and an online store at mauigymshop.com (collectively, our “Services”). Billing services are administered by ABC Fitness (Clubs No. #4543 & #40484) and Mindbody (Fitness Club No. 80663).

2. Membership Types & Payment Plans

2.1 Paid Monthly Open Membership

Member agrees to make monthly payments according to the terms of the Membership Agreement and any applicable Special Sale Terms. All paid monthly open agreements are subject to an early cancellation fee if Member wishes to terminate the agreement prior to completion of the mandatory initial minimum term, for any reason including relocation.

2.2 Paid-in-Full / Non-Renewable Membership

This is a non-transferable, non-refundable membership paid in full, expiring on the date specified at time of purchase. Member may opt in for automatic renewal upon completion of the agreement term.

2.3 Sales Tax Adjustment

The amount of monthly membership dues is based on current sales tax rates. To the extent such rates increase during your membership, the Club has the right to increase your monthly dues by the amount of such increase. If paying by pre-authorized electronic funds transfer (EFT), the monthly transfer amount will be adjusted accordingly.

2.4 Current Standard Rates

All fees are subject to change with reasonable notice. Specific enrollment fees, processing fees, and any Special Sale Terms are documented in the individual Membership Agreement.

3. Default, Late Payments & EFT Terms

Should Member default on any payment obligation, the Club has the right to declare the entire remaining balance immediately due and payable. Member agrees to pay allowable interest and all costs of collection, including but not limited to collection agency fees, court costs, and attorneys’ fees. A default occurs when any payment is more than ten (10) days late. A service fee will be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten (10) days past due, a late fee will be charged.

4. Transferring & Assignment

Maui Powerhouse Gym may sell, assign, or transfer its right to receive payment from you to a finance company, bank, or other institution. Member will be notified of any such transfer. Member shall not sell, assign, or transfer a membership or any right thereto.

PART II — CANCELLATION RIGHTS & PROCEDURES

5. Buyer’s Right to Cancellation (Hawaii Law)

You, the buyer, may cancel this contract by mailing or delivering written notice to Maui Powerhouse Gym. The notice must state that you are canceling this contract and must be postmarked or delivered by midnight of the fifth (5th) business day after signing this contract, excluding Saturdays, Sundays, and state or federal holidays. Written notice must be delivered or mailed to: Maui Powerhouse Gym, 1279 South Kīhei Road, Suite 118, Kīhei, HI 96753.

You will be billed for any gym usage prior to refund or termination of any agreement. All cash sales are final. Purchasers of a Monthly Paid Agreement may cancel within 24 hours of initial purchase by completing the Cancellation Form and submitting a signed and dated copy to management in person at the address above. Upon delivery, the agreement may be terminated and no cash refunds shall be granted.

6. Additional Cancellation Rights

Member has the right to cancel the Agreement if the Gym goes out of business or moves its facilities more than ten (10) driving miles from the designated business location. Any such refund shall be computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining.

7. Death or Disability

In the event that Member dies or becomes disabled such that Member is unable to use the Club’s services, Member shall have the option to cancel or extend the contract at no cost for a period equal to the duration of the disability. The Club may require verification of death or disability. “Disability” means a condition that has existed for more than thirty (30) days which precludes the Member from using the facilities, verified by a doctor licensed to practice medicine or osteopathy in the State of Hawaii.

In the event of cancellation due to death or disability, the Club shall refund the entire consideration paid for the Health Club Contract, less an amount computed by dividing the total contract price by the number of weeks in the term and multiplying by the number of weeks elapsed at the time of death or disability.

8. Standard Cancellation Procedures (Monthly Billing Memberships)

All monthly membership agreements require thirty (30) days written notice to cancel. Cancellation is initiated by completing the Membership Cancellation Form and submitting it in person or by email to info@lpsgyms.com. The 30-day notice period begins upon receipt of all required documentation. Any monthly payments or outstanding fees falling within the 30-day notice period must be paid in full before the membership will be cancelled.

A cancellation fee may apply depending on whether the Member is still within the minimum term of commitment specified in their individual membership terms. The cancellation fee amount varies by membership type and agreement. Once the minimum term of commitment has been completed, no cancellation fee will be charged.

Member is responsible for full payment of all unpaid dues, indebtedness, and any applicable cancellation fee before cancellation will be deemed effective. Cancellation may be approved by the Club Manager only upon satisfaction of all financial obligations. A confirmation email will be sent to Member upon approval. Without a completed, written cancellation, the account shall continue to be billed.

8.1 Restrictions on Cancellation

Member shall not be released from the terms, obligations, and requirements of the Agreement — specifically Member’s duty to pay — as a result of any circumstances, including non-use of facilities and/or programs.

8.2 Pre-Paid / Paid-in-Full Memberships

All pre-paid memberships are non-refundable and non-assignable without Management approval.

9. Membership Extensions & Freezes

Based on Member’s membership plan, Member may be eligible for a brief paid extension or pause of membership benefits (“Extensions” or “Freeze”). Freezes are not retroactive. Members must have been active for a minimum of 31 days before freezing their account. A request form must be received and approved by MPHG in advance.

A monthly freeze fee will be charged for the month(s) the membership is on freeze. For paid-in-full memberships, all freeze fees are required at the time of the freeze. For contract memberships, months will be added and the expiration date extended. Members who freeze their membership may not use the Club during the freeze period. Upon completion, membership will automatically be reactivated. Freeze Fee Rates and Policies are subject to change.

PART III — PROGRAMS, OPERATIONS & FACILITY RULES

10. Rules & Regulations

Member acknowledges receipt of a copy of all rules and regulations of Maui Powerhouse Gym and agrees to follow and obey all of them at all times. The Gym may alter Agreement terms from time to time. Specific facility rules are posted at each location and are incorporated into these Terms by reference.

11. Prohibition on Outside Personal Training

Personal training by any individual other than authorized, currently employed MPHG staff is strictly and absolutely prohibited inside Maui Powerhouse Gym facilities, whether such training is paid or unpaid, formal or informal. This prohibition applies to all members, guests, and visitors without exception.

12. Right to Refuse Service & Revoke Membership

Maui Powerhouse Gym and LPS Gyms Inc (A Hawaiʻi Corporation) reserve the absolute right to refuse service to any person at any time, and to suspend, revoke, or terminate any membership at any time, with or without cause, and without refund of any prepaid dues or fees.

Grounds for revocation include, but are not limited to: conduct unbecoming of the aloha spirit, harassment or intimidation of staff or other members, violation of facility rules, unauthorized personal training, non-payment, dishonesty, or any behavior that in management’s judgment is inconsistent with the culture and safety of Maui Powerhouse Gym.

13. Returning Members & Reinstatement

Any individual seeking to reinstate a cancelled or lapsed membership must satisfy all outstanding financial obligations remaining from any prior agreement before a new membership will be established.

At the sole discretion of MPHG staff and management, a returning member may be required to pay for their new membership on a paid-in-full basis going forward, regardless of what payment plan options are generally available to new members.

14. Force Majeure & Facility Interruptions

Maui Powerhouse Gym shall not be deemed in breach of any membership agreement or these Terms by reason of any delay in performance or failure to perform any obligation to the extent such delay or failure is caused by circumstances beyond MPHG’s reasonable control.

Monthly membership dues remain due and payable as long as the facility is open and operational, regardless of a member’s personal ability or willingness to attend.

14.1 Partial Facility or Equipment Unavailability

The temporary unavailability of any specific piece of equipment, amenity, or area of the facility does not constitute a breach of this Agreement and does not entitle the Member to any refund, credit, rate reduction, membership suspension, or early cancellation without fee.

15. Programs & Services

15.1 The Studio Maui

The Studio is MPHG’s dedicated fitness and cycle program. Access requires a Studio-specific membership, class credit package, or applicable day pass.

15.2 Class Credits — Expiration Policy

Class credits and program packages are sold with a defined expiration period, disclosed at time of purchase. Credits are non-transferable and carry no cash value.

15.3 Jump Start & Basic Training

Jump Start is a four-week personal training on-ramp program. Basic Training is a structured group training program available by enrollment. Both are finite, educational programs. Deposits and fees are non-refundable once a program has commenced.

15.4 Personal Training

Personal training sessions are available at posted rates. Session packages must be used within their designated period. Cancellation of individual sessions requires a minimum of 24 hours advance notice to avoid forfeiture.

16. Guest Policy

Guests may access MPHG facilities by purchasing a day pass at the applicable rate. All guests are subject to these Terms and Conditions and all facility rules in their entirety.

17. Health Representations & Medical Fitness

By using MPHG facilities and participating in any program or activity, Member represents and warrants that they are in adequate physical health to engage in physical exercise. MPHG does not provide medical advice.

18. Personal Property

Maui Powerhouse Gym is not responsible for any personal property that is lost, stolen, or damaged on the premises, in locker rooms, in parking areas, or anywhere on or adjacent to Club property.

19. Photography, Video & Social Media

By using MPHG facilities, Member grants Maui Powerhouse Gym a perpetual, royalty-free license to use photographs or video footage in which Member may appear for marketing, promotional, and social media purposes.

Members may not photograph or film other members, guests, or staff without explicit consent. Recording is strictly prohibited in locker rooms, restrooms, and changing areas.

20. Membership Access Credentials

Membership access credentials are issued solely for the personal use of the named Member. Sharing, lending, or transferring access credentials is strictly prohibited and constitutes grounds for immediate membership termination without refund.

21. Entire Agreement & Special Sale Terms

This Agreement, together with any Special Sale Terms applicable at the time of sale, constitutes the entire agreement between Member and the Club.

PART IV — SMS, TEXT MESSAGING & ELECTRONIC COMMUNICATIONS

22. Contact & Communication Consent (EAE)

At the point of membership enrollment, every new member completes an Electronic Agreement Entry (EAE) through the ABC Fitness / Datatrak system. The CONTACT section of the EAE contains the following express written consent language:

This written consent, obtained and stored digitally via EAE at enrollment, authorizes MPHG to send SMS communications to the member’s cellular telephone number.

23. Consent to Receive Communications

By providing contact information through any MPHG touchpoint, Member expressly consents to receive:

• Transactional messages: membership confirmations, billing notices, class reminders, order confirmations
• Promotional messages: special offers, new programs, events, and sales
• Operational messages: facility updates, schedule changes, and emergency notices
• Community and marketing messages related to MPHG, The Studio Maui, and affiliated brands

24. GADGET Text Messaging Service

MPHG operates GADGET, a Twilio-powered, two-way SMS assistant integrated with Mindbody scheduling software, enabling direct communication between members and our team via the published hotline (808) 707-7140.

24.1 How GADGET Works (Opt-In & Consent)

In addition to enrollment consent, members and prospective members may also opt in by initiating contact — texting the published gym hotline number (808) 707-7140.

Consent to receive GADGET messages is independently collected and valid at each of the following touchpoints:

• Membership Enrollment (EAE): Express written consent via ABC Fitness / Datatrak Electronic Agreement Entry
• The Studio Maui Registration: Enrollment constitutes independent consent
• GADGET Text-In: Texting or replying to GADGET constitutes consent
• Online Store (mauigymshop.com): Completing a purchase or creating an account

24.2 Types of Messages Sent

GADGET provides the following types of SMS communications:

• Class schedules and availability — daily and weekly class listings from Mindbody
• Class booking and cancellation confirmations — real-time booking through Mindbody
• Membership and pricing information — current plans, rates, and enrollment details
• Gym hours, location, and facility information
• Member account lookups — class history and membership status via Mindbody
• Motivational fitness content — tips, encouragement, and gym announcements
• Appointment reminders and class confirmations (planned; opt-in only)
• New member registration assistance
• Support responses — answers to member inquiries

24.3 Message Frequency

24.4 Message and Data Rates

24.5 Compatible Carriers

The GADGET SMS service is compatible with all major U.S. wireless carriers, including but not limited to: AT&T, Verizon, T-Mobile, Sprint, U.S. Cellular, and their subsidiaries and MVNOs.

24.6 Carrier Liability

Wireless carriers are not liable for delayed, undelivered, or misdirected messages. T-Mobile is not liable for delayed or undelivered messages.

25. Multiple Consent Touchpoints

Consent to receive text and electronic communications is independently collected and valid at each of the following touchpoints:

• Gym Membership Registration: Your signed membership agreement constitutes consent
• The Studio Maui Registration: Enrollment constitutes independent consent
• GADGET Service: Texting or replying to GADGET constitutes consent
• Online Store (mauigymshop.com): Completing a purchase or creating an account constitutes consent

26. Opt-Out

You may opt out of promotional emails by clicking the unsubscribe link in any MPHG email. To opt out of all communications, submit a written request to info@lpsgyms.com.

26A. Help

27. E-Sign Consent

Certain laws and regulations may require Maui Powerhouse Gym and/or ABC Fitness to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided electronically.

Member’s consent to receive Documents electronically continues until expressly withdrawn. Member may request paper copies by contacting MPHG or ABC Fitness.

By accepting these Terms, Member consents to e-sign and confirms possession of the required hardware and software and a valid, active email address on file with MPHG and/or ABC Fitness.

PART V — ONLINE STORE TERMS (mauigymshop.com)

28. Online Store Overview

Our online store is hosted on Shopify Inc. By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms.

29. Online Store Eligibility & Conduct

By using our online store, you represent that you are at least the age of majority in your jurisdiction. You may not use our products or services for any illegal or unauthorized purpose.

30. Products, Pricing & Availability

All products are subject to availability. Prices are in U.S. dollars and subject to change without notice. We reserve the right to limit quantities, refuse orders, and discontinue products at any time.

31. Billing, Orders & Account Information

We reserve the right to refuse, limit, or cancel any order. You agree to provide current, complete, and accurate purchase and account information.

32. Shipping & Returns

Due to rising shipping costs, free shipping and free returns are not currently offered. All sales are final. If you believe you received a defective item, contact us within 7 days at info@lpsgyms.com.

33. Third-Party Links & Tools

Our site may contain links to third-party websites not affiliated with MPHG. We are not responsible for third-party content, accuracy, or practices.

34. User Submissions

If you send us ideas, suggestions, contest entries, or other materials, you agree that we may use such content in any medium at any time without compensation.

PART VI — WAIVER, RELEASE, LIABILITY & LEGAL TERMS

35. Assumption of Risk

I (buyer, each member, and all guests) am 12 years of age or older and agree that if I engage in any physical exercise or activity or use any equipment on the premises, I do so entirely at my own risk.

36. Waiver & Release of Liability

I and my personal representatives, successors, and assigns agree to release and discharge Maui Powerhouse Gym, LPS Gyms Inc (A Hawaiʻi Corporation), and any MPHG affiliates from any and all claims or causes of action arising out of MPHG’s negligence. This waiver includes injuries from:

• My use of any exercise equipment or facilities which may malfunction or break
• Any improper maintenance of any exercise equipment or facility
• Any negligent instruction or supervision
• My slipping and falling while in the health club or on the premises
• Injuries occurring during ordinary use or intended use of equipment or facilities

I acknowledge that I have read this waiver and release and fully understand that it is a release of liability.

37. Disclaimer of Warranties

38. Limitation of Liability

Our total aggregate liability for any claim shall not exceed the greater of: (a) amounts paid by Member in the three months preceding the event giving rise to the claim, or (b) $100.00.

39. Indemnification

You agree to indemnify, defend, and hold harmless LPS Gyms Inc, Maui Powerhouse Gym, and their affiliates from any claim arising from your use of our Services, your breach of these Terms, your violation of any law, or your violation of any third-party rights.

40. Prohibited Uses

You are prohibited from using our sites or services for any unlawful purpose, to violate any regulations, to infringe upon intellectual property rights, to harass or abuse any person, to submit false information, to upload malicious code, to collect personal information without consent, to spam, or to interfere with security features.

41. Intellectual Property

All content, branding, and materials — including the MPHG name and logo, “Lift With Aloha,” “Pump Iron in Paradise,” “Strong Like Kong,” “Iron Ohana,” The Studio Maui brand — are the exclusive property of LPS Gyms Inc (A Hawaiʻi Corporation). Unauthorized reproduction, distribution, or commercial use is prohibited.

PART VII — PRIVACY, DATA & SMS PRIVACY POLICY

42. Privacy & Personal Information

Your submission of personal information is governed by this Privacy section. We do not sell your personal information to third parties. For questions, contact info@lpsgyms.com.

42A. SMS-Specific Privacy Policy

Information Collected via SMS

When you use the GADGET SMS Assistant, we collect and maintain:

• Phone number: Your mobile phone number used to send and receive SMS messages
• Name and membership details: Retrieved from Mindbody for personalization and service delivery
• Communication preferences: Your opt-in/opt-out status and interaction preferences
• Interaction data: Records of messages for quality and compliance purposes

How We Use SMS Data

Data Sharing

Data Retention

We retain SMS interaction data only as long as necessary to provide gym services and comply with legal obligations. When you opt out (text STOP), we retain only your opt-out status.

Your Rights

• Access: Request to see what information we have collected about you
• Correction: Update or correct your information at any time
• Opt-Out: Text STOP to (808) 707-7140 at any time to stop all SMS messages
• Deletion: Request deletion of your SMS data by emailing info@lpsgyms.com

Security

We implement reasonable security measures to protect your data. SMS communications are processed through Twilio’s secure infrastructure. However, no method of electronic transmission is completely secure.

TCPA Compliance

This SMS program complies with the Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, and other applicable federal and state privacy and telecommunications laws.

PART VIII — ARBITRATION & GENERAL LEGAL TERMS

43. Binding Arbitration

Member agrees that any dispute arising out of or relating to the Membership Agreement shall be exclusively resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The place of arbitration shall be in the city of the member’s Club location and the law of the State of Hawaii shall apply.

44. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Hawaiʻi. Any dispute not subject to arbitration shall be subject to the exclusive jurisdiction of the state or federal courts located in Maui County, Hawaiʻi.

45. Holder-in-Due-Course Notice

46. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be severed and shall not affect the validity or enforceability of any remaining provisions.

47. Entire Agreement & Waiver of Rights

These Terms, together with your signed Membership Agreement and any applicable Special Sale Terms, constitute the entire agreement between you and LPS Gyms Inc (A Hawaiʻi Corporation). Our failure to enforce any provision shall not constitute a waiver.

48. Changes to These Terms

We reserve the right to update or replace these Terms at any time by posting changes to our website. The most current version is always available at mauipowerhousegym.com/terms.

49. Contact Information

Questions about these Terms should be directed to:

© 2026 LPS Gyms Inc DBA Maui Powerhouse Gym. All rights reserved.
Last Updated: April 12, 2026