Terms | Maui Powerhouse Gym

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

================================================================================
LEGAL NOTICE
================================================================================

PLEASE READ THESE TERMS CAREFULLY. BY ENTERING OUR FACILITIES, SIGNING A MEMBERSHIP AGREEMENT, ENROLLING IN A PROGRAM, PURCHASING A PRODUCT, OR COMMUNICATING WITH US, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.

================================================================================

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).

Email: info@lpsgyms.com
Phone: (808) 214-6737
Address: 1279 South Kīhei Road, Suite 118, Kīhei, Maui, HI 96753
Website: mauipowerhousegym.com
Gym Billing: ABC Fitness, Clubs No. #4543 & #40484 — 1-888-827-9262 | www.abcfitness.com
Studio Billing: Mindbody Fitness, Studio No. 86606 | support.mindbodyonline.com

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

– Day Pass: $25.00 (may be applied toward first month membership if purchased on the same day)
– Monthly Membership: $49.99/month plus applicable fees and taxes
– Annual Paid-in-Full: $533.00/year

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.

EFT NOTICE: Members paying by electronic funds transfer (EFT) whose EFT payment is stopped or changed are subject to a $10.00 per month increase in monthly dues. ABC Fitness reserves the right to draft via EFT all amounts owed, including all late fees and service fees, subject to applicable state and federal law.

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
================================================================================

DO NOT SIGN YOUR MEMBERSHIP AGREEMENT UNTIL YOU HAVE READ AND AGREE TO THE CANCELLATION TERMS AND WAIVER AND RELEASE CONTAINED IN THESE TERMS. THEY CONTAIN A RELEASE OF LIABILITY TO WHICH YOU WILL BE BOUND.

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. The business shall not be deemed out of business when temporarily closed for repair or renovation: (a) upon sale, for not more than 14 consecutive days; or (b) for not more than 2 periods of 7 consecutive days in any calendar year. In the event the Gym goes out of business, you should contact the Department of Agricultural and Consumer Services within 60 days.

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. The freeze takes effect on the date determined by the Gym, which may depend on when the request is made during any applicable billing cycle.

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.

VIOLATION OF THIS POLICY IS GROUNDS FOR IMMEDIATE EJECTION FROM THE FACILITY WITHOUT REFUND AND IMMEDIATE TERMINATION OF MEMBERSHIP WITHOUT REFUND. This applies to both the individual providing training and the member receiving it. No warning is required prior to enforcement.

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. This right is exercised at the sole and unilateral discretion of MPHG management and ownership and is not subject to appeal or dispute.

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. Upon revocation, the individual’s right to access the facility terminates immediately.

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. This includes, without limitation, any unpaid dues, fees, cancellation charges, collection costs, or other indebtedness owed to Maui Powerhouse Gym or ABC Fitness from any previous membership term.

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. MPHG reserves the right to apply this requirement without explanation and without obligation to offer any alternative.

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. Such circumstances include, without limitation: acts of God, natural disasters, hurricanes, tsunamis, earthquakes, wildfires, floods, pandemics, epidemics, public health emergencies, government orders or mandates, acts of terrorism, states of war or civil unrest, power outages, or any other force majeure event.

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 due to inclement weather, personal emergency, illness, or any other external condition not resulting in an official facility closure. The occurrence of a force majeure event does not, by itself, entitle a member to any refund, credit, suspension, or release from payment obligations unless the facility is formally and completely closed as a direct result of that event.

14.1 PARTIAL FACILITY OR EQUIPMENT UNAVAILABILITY

Member acknowledges and agrees that Maui Powerhouse Gym continuously invests in the maintenance, repair, renovation, replacement, and upgrade of its facilities and equipment as part of its commitment to providing a first-class fitness environment. The temporary unavailability of any specific piece of equipment, amenity, or area of the facility — including but not limited to cardio machines, free weights, resistance equipment, the sauna, locker rooms, cycle bikes, group fitness studios, or any other feature — 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. This provision applies whether the unavailability is due to routine maintenance, unexpected breakdown, repair, renovation, replacement, upgrade, vendor delay, supply chain disruption, or any other reason whatsoever. Member’s monthly dues obligation continues unaffected during any such period, and Member’s continued access to the remainder of the facility constitutes full and adequate consideration for those dues.

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. The Studio does not include combat sports or powerlifting programming. Class schedules are subject to change without notice.

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.

CLASS CREDIT EXPIRATION POLICY: Class credits expire on the date specified at time of purchase. One extension may be granted at management’s sole discretion. Expired credits that have previously been extended WILL NOT be reinstated, reactivated, or honored under any circumstances, regardless of reason.

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. The Member who introduces or is associated with a guest assumes full responsibility for that guest’s conduct, compliance with facility rules, and any damage caused by the guest. MPHG reserves the right to refuse entry to any guest at its sole discretion and without obligation to provide a reason.

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, and that they have consulted with or do not require consultation with a licensed physician prior to beginning an exercise program. Member agrees to immediately discontinue use of the facility and consult a medical professional if they experience pain, dizziness, shortness of breath, or any other symptoms of physical distress while using the facility.

MPHG does not provide medical advice. Nothing communicated by MPHG staff, trainers, or in any MPHG materials constitutes medical advice, diagnosis, or treatment. Member assumes full and sole responsibility for their health and physical condition while using the facility.

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. Member brings personal belongings onto the premises entirely at their own risk. MPHG strongly encourages members not to bring valuables to the facility and to utilize available lockers. The provision of lockers does not constitute a bailment or any assumption of liability for the contents stored therein.

19. PHOTOGRAPHY, VIDEO & SOCIAL MEDIA

By using MPHG facilities, Member grants Maui Powerhouse Gym and LPS Gyms Inc (A Hawaiʻi Corporation) a perpetual, royalty-free license to use photographs or video footage in which Member may appear, taken within the facility or at MPHG-affiliated events, for marketing, promotional, and social media purposes. Members who do not wish to be photographed or filmed for marketing purposes must notify management in writing.

Members may not photograph or film other members, guests, or staff without the explicit consent of the individual(s) being recorded. Recording of any kind is strictly prohibited in locker rooms, restrooms, and changing areas. Violation of this policy is grounds for immediate ejection and membership termination without refund.

20. MEMBERSHIP ACCESS CREDENTIALS

Membership access credentials (including but not limited to key fobs, barcodes, or digital access passes) are issued solely for the personal use of the named Member. Sharing, lending, or transferring access credentials to any other person is strictly prohibited and constitutes grounds for immediate membership termination without refund. Lost or damaged credentials must be reported to the front desk promptly; replacement fees may apply.

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. Special Sale Terms may include specific terms of sale, restrictions or privileges of use, unique cancellation terms, and/or discounts. A digital copy of applicable Special Sale Terms is included in Member’s individual file in the Gym’s system and is available upon request.

================================================================================
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:

“Member affirms, acknowledges, and attests that Member’s mailing address, telephone number, cellular telephone number, and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Maui Powerhouse Gym and ABC Fitness Solutions, LLC, including its agents and affiliates, may contact Member at any mailing address, telephone number, cellular telephone number, or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Maui Powerhouse Gym and/or ABC Fitness Solutions, LLC. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only.”

This written consent, obtained and stored digitally via EAE at enrollment, authorizes MPHG to send SMS communications to the member’s cellular telephone number. The STOP opt-out mechanism is disclosed within the agreement itself.

23. CONSENT TO RECEIVE COMMUNICATIONS

By providing contact information through any MPHG touchpoint, Member expressly consents to receive from MPHG and LPS Gyms Inc (A Hawaiʻi Corporation):

– 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. By texting our GADGET number or responding to a GADGET message, you consent to receive follow-up text communications from MPHG.

24.1 HOW GADGET WORKS (OPT-IN & CONSENT)

Primary Consent Mechanism: Members provide express written consent to receive SMS messages at the point of membership enrollment via the Electronic Agreement Entry (EAE) through ABC Fitness / Datatrak. The CONTACT section of the EAE (see Section 22 above) explicitly authorizes SMS communication to the member’s cellular number and discloses the STOP opt-out keyword.

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. All primary interactions are member-initiated. Upon first contact, GADGET identifies the member via their phone number in Mindbody and responds with a welcome message that includes opt-out instructions (reply STOP) and support instructions (reply HELP).

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

Message frequency varies depending on your interaction with the service. Typically, you can expect 1–10 messages per interaction session. Estimated average: fewer than 50 messages per month per user. You control the conversation — GADGET responds when you text in.

24.4 MESSAGE AND DATA RATES

Message and data rates may apply. Standard message and data rates from your mobile carrier apply to all SMS messages sent to and received from GADGET. Please contact your carrier for details regarding your specific plan and charges.

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. Service availability may vary by carrier and coverage area.

24.6 CARRIER LIABILITY

Important: Wireless carriers are not liable for delayed, undelivered, or misdirected messages. Maui Powerhouse Gym is not responsible for any issues arising from carrier service interruptions, network outages, or device limitations. 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 to receive texts, emails, and electronic communications from MPHG and ABC Fitness
– The Studio Maui Registration: Enrollment in The Studio constitutes independent consent to receive Studio and general MPHG communications
– GADGET Service: Texting or replying to GADGET constitutes consent to receive follow-up text communications
– Online Store (mauigymshop.com): Completing a purchase or creating an account constitutes consent to receive transactional and promotional electronic communications

26. OPT-OUT

To stop receiving text messages: Reply STOP to any MPHG text message or text STOP to (808) 707-7140.

After you send STOP, you will receive a one-time confirmation message. You will receive no further SMS messages from GADGET unless you re-initiate contact by texting the hotline again.

Note: Replying STOP opts you out of text messages only and will not affect other forms of communication (email, postal mail, etc.).

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

For SMS support: Text HELP to (808) 707-7140 at any time.

You will receive a message with contact information and instructions. You may also reach us at:

– Email: info@lpsgyms.com
– Phone: (808) 214-6737

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 applies to each and every disclosure, notice, agreement, statement, term and condition, and any other information (the “Documents”) that MPHG and/or ABC Fitness may provide.

Member’s consent to receive Documents electronically continues until expressly withdrawn. Member may request paper copies by contacting MPHG or ABC Fitness. Member may withdraw consent at any time; withdrawal may result in additional fees. Member agrees to maintain a valid email address and to promptly notify MPHG and/or ABC Fitness of any changes.

To access Documents electronically, Member must have: (i) a computer, mobile device, tablet, or smartphone; (ii) up-to-date supported browser software; (iii) an internet connection; (iv) software capable of reading PDF files; (v) a compatible operating system; and (vi) a printer or storage device if Member wishes to retain copies.

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.

Member Initials for E-Sign Consent: _______

================================================================================
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. These Terms apply to all users of the site, including browsers, customers, and contributors of content. Any new features or tools added to the store are also subject to 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, or that you have provided consent for minor dependents to use the site. You may not use our products or services for any illegal or unauthorized purpose, nor transmit viruses or malicious code. Violation of these Terms will result in immediate termination of access.

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. Any offer for any product or service is void where prohibited. We do not warrant that product quality will meet your expectations or that errors in the Service will be corrected.

31. BILLING, ORDERS & ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel any order, including orders suspected of being placed by resellers or associated with pricing errors. You agree to provide current, complete, and accurate purchase and account information and to promptly update such information as needed.

32. SHIPPING & RETURNS

Due to rising shipping costs, free shipping and free returns are not currently offered. Shipping costs are calculated at checkout. Delivery times are estimates only. Risk of loss passes to you upon delivery to the carrier. All sales are final. If you believe you received a defective or materially incorrect item, contact us within 7 days of delivery at info@lpsgyms.com with a description and photographs. We will address the matter at our discretion, which may include replacement or store credit.

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. Any use of optional third-party tools is at your sole risk, provided “as is” and “as available” without warranty of any kind.

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 or obligation to maintain confidentiality. You are solely responsible for the accuracy and legality of any content you submit.

================================================================================
PART VI – WAIVER, RELEASE, LIABILITY & LEGAL TERMS
================================================================================

READ CAREFULLY: THIS SECTION CONTAINS A WAIVER AND RELEASE OF LIABILITY, A MANDATORY BINDING ARBITRATION CLAUSE, AND A JURY TRIAL WAIVER.

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. This includes, without limitation, use of the locker room, studios, gym facilities, and all equipment, and participation in any activity, class, program, personal training, or instruction. I understand and agree that I am voluntarily participating in these activities and assume all risks of injury, illness, damage, or loss to me or my property.

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, employees, agents, representatives, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of MPHG’s negligence. This waiver and release includes, without limitation, injuries which may occur as a result of:

– 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. In consideration of being permitted to use the facilities and equipment of Maui Powerhouse Gym, I am waiving any current or future right to bring legal action to assert a claim against Maui Powerhouse Gym for both my negligence and that of Maui Powerhouse Gym.

There are definite risks associated with the use of exercise equipment which cannot be avoided. In consideration of being permitted to use the facilities and equipment of Maui Powerhouse Gym, Member and guest, for themselves and their personal representatives, heirs, and next of kin, hereby releases, waives, discharges, and covenants not to sue Maui Powerhouse Gym, its officers, directors, shareholders, and employees, a Licensee of Powerhouse Gym International.

37. DISCLAIMER OF WARRANTIES

ALL SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

38. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAUI POWERHOUSE GYM, TOP CAT INDUSTRIES LLC, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS — ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

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. Because some jurisdictions do not permit limitation of consequential or incidental damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by law.

39. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless LPS Gyms Inc (A Hawaiʻi Corporation), Maui Powerhouse Gym, and their affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any claim, demand, liability, cost, or expense (including reasonable attorneys’ fees) arising from: (a) your use of our Services; (b) your breach of these Terms; (c) your violation of any law; or (d) your violation of any third-party rights.

40. PROHIBITED USES

You are prohibited from using our sites or services: (a) for any unlawful purpose; (b) to violate any regulations, rules, or laws; (c) to infringe upon intellectual property rights; (d) to harass, abuse, harm, defame, or discriminate against any person; (e) to submit false or misleading information; (f) to upload viruses or malicious code; (g) to collect personal information of others without consent; (h) to spam, phish, or scrape; or (i) to interfere with or circumvent security features. Violation may result in immediate termination of membership and access.

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, all product designs, photographs, graphics, and written content — are the exclusive property of LPS Gyms Inc (A Hawaiʻi Corporation), protected under U.S. and international intellectual property law. Unauthorized reproduction, distribution, or commercial use without prior written consent is prohibited.

================================================================================
PART VII – PRIVACY, DATA & SMS PRIVACY POLICY
================================================================================

42. PRIVACY & PERSONAL INFORMATION

Your submission of personal information is governed by this Privacy section, incorporated herein by reference. By using our Services, you consent to our collection and use of your information as described herein. 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 the following information:

– Phone number: Your mobile phone number used to send and receive SMS messages
– Name and membership details: Retrieved from Mindbody based on your phone number for personalization and service delivery
– Communication preferences: Your opt-in/opt-out status and interaction preferences
– Interaction data: Records of messages sent and received through the GADGET service for quality and compliance purposes

HOW WE USE SMS DATA

Information collected through the GADGET SMS service is used solely to provide gym services and respond to your inquiries, including:

– Delivering the GADGET SMS Assistant service and responding to your text messages
– Looking up your account and class history in Mindbody
– Sending class schedules, booking confirmations, and appointment reminders
– Providing membership information, pricing, and account updates
– Improving our service offerings based on usage patterns

DATA SHARING

Your SMS data is NOT shared with or sold to third parties for marketing purposes.

We share data only as necessary to operate the service:

– Twilio: Our SMS platform provider, which processes messages on our behalf
– Mindbody: Our gym management platform, for membership and scheduling lookups
– As required by law, court order, or legal process

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 to ensure we do not contact you again. Upon membership cancellation and written request, SMS data will be securely deleted within a reasonable period.

YOUR RIGHTS

You have the following rights regarding your SMS data:

– 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 from unauthorized access, alteration, or disclosure. SMS communications are processed through Twilio’s secure infrastructure. However, no method of electronic transmission is completely secure, and we cannot guarantee absolute security.

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, controversy, or claim arising out of or relating in any way to the Membership Agreement — including without limitation any dispute concerning its construction, validity, interpretation, enforceability, or breach — 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.

The complaining party shall notify the other party in writing through a demand for arbitration within a reasonable time after the claim has arisen, and in no event more than two (2) years from when the aggrieved party knew or should have known of the claim. Judgment on the award may be entered in any court having jurisdiction. This arbitration clause also applies to any dispute between Member and any third party with whom the Club contracts to perform its obligations, including ABC Fitness.

JURY TRIAL WAIVER & CLASS ACTION WAIVER: MEMBER AND CLUB ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER MEMBER NOR CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

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, and you hereby consent to personal jurisdiction in those courts.

45. HOLDER-IN-DUE-COURSE NOTICE

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

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, which shall continue in full force and effect.

47. ENTIRE AGREEMENT & WAIVER OF RIGHTS

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

48. CHANGES TO THESE TERMS

We reserve the right to update or replace these Terms at any time by posting changes to our website. For material changes, we will also notify members via email or text. Your continued use of our Services following such notice constitutes acceptance. The most current version is always available at mauipowerhousegym.com/terms.

49. CONTACT INFORMATION

Questions about these Terms should be directed to:

Email: info@lpsgyms.com
Phone: (808) 214-6737
Address: Maui Powerhouse Gym, 1279 S. Kīhei Road, Suite 118, Kīhei, Maui, HI 96753
Billing: ABC Fitness, Clubs No. #4543 & #40484 | 1-888-827-9262 | www.abcfitness.com | Mindbody Fitness Club No. 80663
SMS Support: Text HELP to (808) 707-7140 or email info@lpsgyms.com

================================================================================