The rules of the road.

These Terms of Service ("Terms") govern your use of the website onyxfitkc.com and the Onyx Fitness facility operated by DT Fitness, Inc. ("Onyx Fitness," "we," "us," or "our"). By using our website or facility, you agree to these Terms. If you do not agree, do not use our website or facility.

You must be at least 18 years old to book a tour, become a member, or transact on our website. By using our services, you represent that you meet this requirement. Minors may use the facility only when accompanied and supervised by a parent, legal guardian, or member who assumes responsibility for them.

When you book a tour through our website:

• You agree to provide accurate information
• Tour times are subject to availability and confirmation
• We may cancel or reschedule tours at our discretion (we will notify you if we do)
• Booking a tour does not create any obligation to become a member
• No-shows may affect your ability to book future tours at our discretion

Membership is governed by a separate Membership Agreement that you sign when you join. The Membership Agreement controls in case of any conflict with these Terms. Key membership terms include:

• Monthly membership fee
• 24/7 access via personal access credentials
• Required adherence to facility rules and policies
• Procedures for termination
• Assumption of risk and liability waiver

Contact us or visit the facility to review the full Membership Agreement before joining.

When using our website, you agree NOT to:

• Submit false or misleading information
• Use the website to harass, threaten, or defame any person
• Attempt to disrupt, damage, or gain unauthorized access to our systems
• Use automated tools to scrape, copy, or harvest information
• Use our trademarks, name, or branding without written permission
• Use our website for any illegal purpose

When using our facility, you agree to follow all posted rules and any reasonable instructions from staff. Repeated or serious violations may result in termination of your membership without refund. Facility rules include but are not limited to:

• Wiping down equipment after use
• Re-racking weights
• Respecting other members
• Following safety guidelines
• Not bringing unauthorized guests

Physical exercise involves inherent risks of injury or death. By using our facility, you acknowledge these risks and assume full responsibility for your own safety and wellbeing. We strongly recommend consulting a physician before beginning any exercise program. Any separate waiver and assumption-of-risk agreement you sign at the facility also applies to your use of the facility.

Our website works with third-party providers — including scheduling, payment, membership-management (Health Club Systems), and accounting (Intuit / QuickBooks) services. We are not responsible for the content, policies, or availability of third-party services, and your use of them may be governed by their own terms and privacy policies.

Our website and services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

To the maximum extent permitted by law:

• Our website and services are provided "as is" without warranties of any kind
• We are not liable for any indirect, incidental, consequential, or punitive damages
• Our total liability for any claim is limited to the amount you paid us in the 12 months before the claim arose
• Some jurisdictions do not allow these limitations, so they may not apply to you

You agree to indemnify and hold harmless Onyx Fitness, its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of our website or facility, your violation of these Terms, or your violation of any rights of another party.

All content on our website — including text, photos, graphics, logos, and design — is owned by Onyx Fitness or licensed to us. You may not copy, reproduce, distribute, or create derivative works without our written permission, except for personal, non-commercial use.

We may modify, suspend, or discontinue our website, facility hours, services, or these Terms at any time. We will provide reasonable notice of material changes. Continued use after changes constitutes acceptance.

Before filing any claim, you agree to first contact us and attempt to resolve the dispute informally. These Terms are governed by the laws of the State of Kansas, without regard to its conflict-of-law principles. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Johnson County, Kansas, and you consent to the jurisdiction of those courts.

Entire agreement. These Terms, together with any Membership Agreement and our Privacy Policy, are the entire agreement between you and Onyx Fitness regarding your use of our website and facility.

Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our consent; we may assign them in connection with a sale or transfer of our business.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

Questions about these Terms? Contact us:

Onyx Fitness
DT Fitness, Inc.
255 N Stone Creek Dr
Gardner, KS 66030
Email: info@onyxfitkc.com
Phone: (913) 530-0647