Terms and Conditions

Terms and Conditions

Last updated: August 7, 2026

These Terms and Conditions govern your use of the Higher Ground Fitness, LLC and any of its affiliates (“HGF,” “Us,” “We,” or “Our”) website, the Higher Ground Fitness App, and the purchase of services, including memberships and classes, and participation in HGF classes and events.

By accessing, browsing, and/or using our website and services, you acknowledge that you have read, understood, and agreed to be bound by these Terms & Conditions.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information and to learn about our privacy practices.

These Terms and Conditions (the “Terms”) are an agreement between you and Higher Ground Fitness that sets the legally binding Terms and Conditions for your use of the Services. By acknowledging these Terms or continuing to use our Services, you agree that such use is legally sufficient for consideration under these Terms.

If you are enrolling or registering a minor (14–17 years of age) for HGF classes or activities, the minor's participation is permitted only under Section 2 below, and the adult parent or legal guardian completing enrollment — not the minor — is the contracting party under these Terms, including for all financial obligations.

1. Interpretation

“Company” refers to Higher Ground Fitness, its affiliates, and related entities.

“Member” or “Client” refers to any individual who has created an online account or physical agreement with Higher Ground Fitness.

“Account” refers to an account maintained through HGF's third-party studio-management platform that allows clients to purchase memberships or packages, make and manage reservations, and maintain applicable account information.

“Contract” refers to any agreement between a Member and HGF for the purchase of services on a recurring basis, whether billed monthly or annually, including Monthly Memberships and Annual Memberships.

“Credit” refers to credits purchased via our website or App and used to create bookings for classes.

“Studio” refers to any Higher Ground Fitness location where classes or services are offered.

“Studio Tier” refers to the pricing category assigned to each Studio location — “Suburb,” “Cape Cod,” or “Metro”, as designated on our website. Late cancellation and no-show fees vary by Studio Tier as described in Section 3.

“HGF Machine” refers to the proprietary exercise equipment used in HGF classes, as further described in Section 9.

“Terms & Conditions” refers to the terms stated here, along with any policies, guidelines, or procedures referenced herein.

“Class” or “Session” refers to any group class, private class, community class, or free class offered at Higher Ground Fitness.

2. Membership & Account Requirements

All clients must have an account with a valid email address, phone number, and credit card on file to register for classes, purchase memberships, or reserve services.

Participants must be at least 16 years old to attend classes independently. Participants ages 14–15 may attend when accompanied by a parent or legal guardian who is registered in and participating in the same class. All participants under 18 must have a waiver signed by a parent or legal guardian. Higher Ground Fitness reserves the right to refuse participation if we believe it is not appropriate for the individual's safety or the class experience.

Where a participant is under 18, the enrolling parent or legal guardian is the Member for purposes of these Terms and is solely responsible for all fees, charges, and obligations arising from the minor's participation, including under Section 4 and Section 5.

Higher Ground Fitness reserves the right to terminate any duplicate accounts and/or memberships and agrees to communicate any changes with the member promptly.

Higher Ground Fitness reserves the right to terminate or refuse membership or access to classes if a member's conduct is deemed injurious to the character of Higher Ground Fitness or breaches these Terms & Conditions.

If HGF terminates a member's access for cause under this Section, the member remains responsible for all fees and charges accrued through the termination date, and, where the member holds an Annual Membership, for the early termination obligations described in Section 4, except where prohibited by applicable law.

You are responsible for maintaining the confidentiality of your Account login credentials and for all activity that occurs under your Account. Notify us promptly at thestudio@highergroundfit.com if you suspect unauthorized use of your Account.

3. Class Registration, Waitlist, & Cancellation Policies

Class Registration

Classes may be reserved up to one (1) week in advance when the booking window opens at 7:30 PM every Monday to the public, or 7:30 PM on Sunday for Annual Members.

To schedule “Book the Entire Studio” sessions, please email thestudio@highergroundfit.com. These sessions cannot be booked online or through the app.

Waitlist Policy

If a class is full, clients may join the waitlist using a class credit or applicable membership.

If a machine opens, clients will be automatically enrolled up until 30 minutes before class starts.

If you no longer wish to attend a waitlisted class, remove yourself to avoid being auto-enrolled. Once auto-enrolled, the cancellation and no-show Terms and Conditions apply.

Cancellation Policy

Early Cancellation: Cancel classes at least 12 hours before the start time to have the session credited back to your account.

Late Cancellation: Cancelling within 12 hours of the start time results in a $10 late cancellation fee at Suburb Tier and Cape Cod Tier studios, a $15 late cancellation fee at Metro Tier studios, and the loss of a class credit.

No Shows: If you do not attend and do not cancel, a $20 no-show fee will apply at Suburb Tier and Cape Cod Tier studios, a $25 no-show fee will apply at Metro Tier studios, and the class credit will be forfeited.

Late Arrival Policy

Clients arriving after class begins will not be permitted to enter for safety reasons. Studio team members will lock the doors at the start of class. This will be treated as a no-show and result in the applicable fee and loss of the class credit.

4. Membership Terms & Policies

Massachusetts Consumer's Right to Cancellation

You may cancel this contract without any penalty or further obligation by causing a written notice of your cancellation to be delivered in person or postmarked by certified or registered United States mail within three (3) business days of the date of this contract or the date of your receipt to the address specified in this contract.

All Annual Memberships

Unless canceled at least 30 days before the end of the initial 12-month term, the membership will automatically renew for another 12-month term at the current membership rate at the time of renewal.

Early Termination Policy (Full-Year Payment Required)

When a member commits to a 12-month annual membership, they are responsible for the full value of the 12-month term. Except where a member has a right to cancel under applicable law or an exception expressly provided by HGF, an Annual Membership is a 12-month financial commitment and the member remains responsible for membership fees through the end of the committed term.

ADDITIONAL RIGHTS TO CANCELLATION:

In addition to any cancellation rights provided by applicable law, HGF permits early cancellation of an Annual Membership in the event of qualifying physical/medical disability lasting more than three months, or relocation more than 25 miles from any HGF location, subject to reasonable documentation. Nothing in these Terms limits any cancellation right available to you under Massachusetts law.

Membership Freezes

An approved freeze pauses membership access and billing for the approved freeze period. Members may request a one-time freeze of their membership for up to 3 months during the 12-month period without penalties. Written notice is required at least 14 days in advance of the next billing cycle date.

No Refunds

Except where required by applicable law or expressly provided in these Terms, membership fees and other payments are non-refundable, and HGF does not provide prorated refunds for unused membership time.

All Monthly Memberships

Monthly Memberships continue month-to-month until canceled. Cancellation requires at least 30 days' written notice before the member's next billing date. No refunds will be available for unused classes.

HGF may change Monthly Membership pricing on a going-forward basis by providing at least 30 days' advance notice to the email or Account on file. Continued use of your membership after a price change takes effect constitutes acceptance of the new rate. If you do not agree to a price change, you may cancel in accordance with this Section prior to the effective date.

New Client Two-Week Unlimited Intro Membership

New clients must store a valid and up-to-date card on file in their Account during their introductory offer to cover any incidental charges. All Higher Ground Fitness policies – including late cancel and no-show fees – apply to the New Client Intro Membership. All New Client Intro Memberships are valid for 14 days from your first booked class with no extension or exception. New Client Intro Memberships are intended for a one-time purchase for first-time clients. Higher Ground Fitness reserves the right to terminate any duplicate accounts.

Class Packages

Are non-refundable, non-transferable, and have varying expiration dates. See the specific class package terms in the product description on our website and in the App, or at checkout.

5. Additional Fees & Charges

A credit card must be on file for all no-show, late cancellation, and other incidental charges. Clients are responsible for any missed payments or declined payments, outstanding balances, and associated fees.

By storing a payment method on your Account, you authorize HGF and its third-party payment processor to automatically charge that payment method for: recurring membership dues; class package purchases; late cancellation and no-show fees; and any other fees or charges you incur under these Terms, including after a price change made in accordance with Section 4. If a charge is declined, you authorize HGF to retry the charge and, where applicable, to suspend booking privileges until your Account is brought current. This authorization remains in effect until you remove the payment method from your Account or your membership terminates, whichever is later.

6. Health & Safety

By participating in Higher Ground Fitness services, you acknowledge that physical exercise involves inherent risks, including serious injury, illness, permanent disability, or death.

You confirm that you are physically able to participate and understand that Higher Ground Fitness recommends consulting a physician before beginning any exercise program.

You are responsible for determining whether you are able to participate safely. If you have a condition, injury, limitation, pregnancy, or other circumstance that may affect your participation, you should consult an appropriate healthcare professional and inform your instructor of any accommodations or limitations relevant to your safe participation.

You further agree to follow all instructor directions, safety procedures, and equipment instructions while participating in classes.

7. Assumption of Risk

Participation in any Higher Ground Fitness class, event, or activity is voluntary. Participation in physical exercise involves inherent risks. All participants must execute HGF's then-current Liability Waiver before participating. The Liability Waiver is incorporated into these Terms by reference.

8. Limitation of Liability

You understand and agree that to participate in any session, class, workshop, or activity at Higher Ground Fitness you must agree to the terms of the Liability Waiver prior to your participation. If you are a minor participant, a parent or legal guardian must agree to the terms on your behalf.

9. Equipment Use

Clients agree to use all studio equipment, including the proprietary HGF Machine and props, only as instructed by Higher Ground Fitness staff.

Improper or unsafe use of equipment may result in removal from class, suspension of membership, or termination of services.

10. Photography & Marketing

Higher Ground Fitness may photograph or record classes, events, or activities for marketing, social media, advertising, training, or other business and promotional purposes.

By participating in studio activities, you grant Higher Ground Fitness permission to use your likeness in marketing materials, social media, advertisements, and other promotional content without compensation.

If you prefer not to appear in photographs or video, please notify studio staff before class.

11. Security Cameras

HGF uses video surveillance cameras in certain common areas of its studios for security, safety, loss prevention, and operational purposes. Cameras are not placed in areas where individuals reasonably expect privacy.

12. Communications Consent

By providing your phone number and email address, you consent to receive transactional communications from HGF (such as booking confirmations, waitlist notifications, and Account or billing notices) by text message and email. You may additionally opt in to receive promotional or marketing messages. You may opt out of promotional messages at any time by following the unsubscribe instructions provided, and may opt out of promotional texts by replying STOP; standard message and data rates may apply. Opting out of promotional communications does not opt you out of transactional communications necessary to service your Account.

13. Website & App Use; Intellectual Property

All content on the HGF website and App — including text, graphics, logos, class formats, and software — is owned by or licensed to HGF and is protected by intellectual property laws. You may use the website and App only for their intended purpose of browsing, purchasing, and managing HGF services. You may not scrape, reverse-engineer, resell access to, or otherwise misuse the website or App. HGF may suspend or terminate Account access for violation of this Section.

14. Privacy Policies

HGF's collection, use, disclosure, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

15. Force Majeure

HGF will not be liable for any failure or delay in providing services caused by circumstances beyond its reasonable control, including severe weather, natural disaster, public health emergency, governmental order, utility or facility outage, or other similar event. If a Studio closure caused by such an event extends beyond 7 consecutive days, HGF will, at its discretion, extend affected memberships, issue credits, or provide a pro-rated adjustment for the closure period.

16. Revisions to Terms & Conditions

We may update these Terms from time to time. Updated Terms will apply prospectively after they are posted or otherwise communicated to you. Material changes affecting an existing paid membership commitment will not retroactively alter the financial terms of that commitment unless permitted by law and agreed to as required.

17. Governing Law

These Terms & Conditions are governed by the laws of Massachusetts. Any legal action must be brought in the appropriate courts in Massachusetts, except as provided in Section 18 below.

18. Dispute Resolution & Class Action Waiver

Before filing a claim against HGF, you agree to first contact us at thestudio@highergroundfit.com and attempt in good faith to resolve the dispute informally for at least 30 days.

To the extent permitted by applicable law, you and HGF agree that any claim arising out of or relating to these Terms, the Services, or your membership will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding, consistent with the Liability Waiver's class action waiver. Nothing in this Section limits any right you may have to bring a claim in small claims court on an individual basis.

19. Assignment

HGF may assign or transfer these Terms, in whole or in part, without notice, including in connection with a merger, acquisition, sale of assets, or Studio ownership change. You may not assign or transfer your membership or Account to another person without HGF's prior written consent.

20. Entire Agreement; Order of Precedence

These Terms & Conditions, together with the Liability Waiver, any membership- or package-specific terms presented at checkout or in the applicable product description, and the Privacy Policy (collectively, the “Agreement”), constitute the entire agreement between you and Higher Ground Fitness regarding your use of the Services, and supersede any prior or contemporaneous understandings, whether oral or written, on that subject.

If a conflict arises among these documents, they apply in the following order of precedence, from highest to lowest priority:

(a) the Liability Waiver, solely as to matters of assumption of risk, release, and waiver of liability;

(b) the specific membership, package, or checkout terms applicable to the product or service purchased, solely as to pricing, duration, cancellation, and other commercial terms for that product or service;

(d) the Privacy Policy, solely as to the collection, use, and disclosure of personal information.

Where a document lower in precedence is silent on a matter addressed by a document higher in precedence, the higher document controls.

21. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

22. Failure to Enforce / Waiver

Higher Ground Fitness's failure to enforce any right or provision of these Terms on any occasion will not be considered a waiver of that right or provision, and will not prevent Higher Ground Fitness from enforcing that or any other right or provision on any future occasion. No waiver of any provision of these Terms will be effective unless it is in writing and signed by an authorized representative of Higher Ground Fitness.

23. Contact and Notices

Questions about these Terms, and any written notices required under these Terms – including notice of cancellation under Section 4 – may be delivered in person or sent by mail to the address below, or by email as indicated:

Higher Ground Fitness, LLC

5 Canton Ave

Suite 2A

Milton, MA 02186

Email: thestudio@highergroundfit.com

Notices to you will be sent to the email address or mailing address on file with your Account. Notices are effective upon delivery in person, upon deposit with the United States Postal Service if sent by certified or registered mail, or upon transmission if sent by email, except where applicable law requires a different method.