Fitomics x Tonal

These Terms & Conditions (the “Agreement”) govern your scheduling, purchase, participation, and/or use of any services provided by Fitomics and its affiliates (collectively, “Fitomics,” “we,” “us,” or “our”), including diagnostic testing, performance assessments, nutrition coaching, training services, clinical consultations, continuous glucose monitoring (CGM), laboratory testing, report generation, and related support services (collectively, the “Services”). By purchasing, scheduling, attending, or participating in any Services, you (“Participant,” “you,” or “your”) acknowledge that you have read, understand, and agree to this Agreement.

1. ELIGIBILITY; TONAL MEMBER TERMS (IF APPLICABLE)
Certain offerings may be limited to eligible groups (e.g., active Tonal members). If a promotion or partner-exclusive package applies to you, you represent that you meet the applicable eligibility requirements at the time of purchase and service delivery. Fitomics may request reasonable verification and may modify or cancel partner-exclusive pricing if eligibility is not met.

2. NOT MEDICAL ADVICE; NO EMERGENCY SERVICES
Unless explicitly stated as part of a physician visit, Fitomics Services are intended for educational and informational purposes and to support performance and wellness planning. Services are not a substitute for diagnosis or treatment by your personal physician. Fitomics does not provide emergency medical care. If you believe you are experiencing a medical emergency, call 911 (or local emergency services) immediately.

3. INFORMED CONSENT; PHYSICAL ACTIVITY & TESTING RISKS
You understand that exercise testing (including treadmill, bike, or other protocols), strength and mobility assessments, and related activity involve inherent risks, including but not limited to dizziness, falls, musculoskeletal injury, abnormal blood pressure response, arrhythmia, fainting, cardiovascular events, or, in rare cases, serious injury or death. You agree to follow Fitomics instructions, use equipment properly, and immediately report any pain, discomfort, unusual symptoms, or concerns.

4. MEDICAL HISTORY; CLEARANCE; CONTRAINDICATIONS
You represent that you have accurately disclosed relevant medical history, medications, supplements, allergies, pregnancy status (if applicable), and any known conditions that may affect safety or results (including cardiovascular, pulmonary, metabolic, orthopedic, neurologic, or other conditions). You are responsible for obtaining any recommended medical clearance prior to participation. You agree to notify Fitomics of any changes to your health status before each appointment.

5. LABORATORY TESTING, CGM, AND SAMPLE COLLECTION
Some Services may include blood draws, specimen collection, CGM placement/usage, and/or laboratory processing performed by third-party providers. You understand that: (a) Fitomics does not control third-party laboratories’ operations; (b) turnaround times are estimates and may vary; (c) certain results may require repeat testing or follow-up; and (d) specimen collection may involve risks such as bruising, pain, bleeding, infection, fainting, or skin irritation (including from adhesives used for CGM). You are responsible for following all pre-test instructions (e.g., fasting, medication timing, hydration) and recognizing that noncompliance may affect accuracy.

6. REPORTS; RESULTS INTERPRETATION; LIMITATIONS
Fitomics may provide written reports, dashboards, or summaries (“Reports”) that include test results and interpretations. Reports may include estimates, models, and reference ranges that can change over time. Results and recommendations are individualized, may evolve with additional information, and do not guarantee outcomes. You are responsible for decisions made based on Reports and for consulting your healthcare provider as needed.

7. PRICING, PROMOTIONS, AND FINANCING
(a) Pricing: Prices are as posted at the time of purchase and may change without notice. If you purchased a partner-exclusive or promotional offer, the offer terms apply as described at purchase.
(b) Promotions: Limited promotions (e.g., “first 35 members” or “50% off”) are subject to availability, eligibility verification, and may end at any time. Promotions are not retroactive, have no cash value, and may not be combined unless explicitly stated.
(c) Financing: Interest-free financing may be offered through a third-party provider and is subject to approval and that provider’s terms. Fitomics is not responsible for third-party financing decisions or disputes.

8. HSA/FSA
Certain Services may be eligible for payment via HSA/FSA accounts depending on your plan rules and administrator requirements. You are solely responsible for confirming eligibility, substantiation, and reimbursement requirements. Fitomics does not provide tax advice.

9. SCHEDULING; RESCHEDULING; CANCELLATIONS; NO-SHOWS
You agree to arrive on time and comply with pre-test instructions. Appointment availability is limited. Unless otherwise stated at purchase, Fitomics may charge a rescheduling or no-show fee, and/or may require forfeiture of a portion of the service fee if you cancel late or fail to appear. If Fitomics must reschedule due to equipment maintenance, staffing, safety concerns, or circumstances outside our control, we will make reasonable efforts to provide a comparable alternative.

10. SALES FINAL; REFUNDS
Unless otherwise expressly stated in writing by Fitomics, all purchases are final and non-refundable once Services are rendered. If a Service cannot be completed due to safety concerns, contraindications, inaccurate information provided by you, failure to follow pre-test instructions, or third-party laboratory constraints, Fitomics may, at its discretion, offer a reschedule, partial service substitution, or store credit. Any exception does not waive these terms for future purchases.

11. INTELLECTUAL PROPERTY; USE OF MATERIALS
Reports, protocols, templates, and other materials provided by Fitomics are for your personal use only and may not be reproduced, distributed, publicly displayed, or used for commercial purposes without written permission from Fitomics.

12. PRIVACY; DATA; COMMUNICATIONS
Fitomics may collect personal information and health-related information to deliver Services, coordinate scheduling, communicate results, and maintain operational records. We will handle information in accordance with applicable laws and our posted privacy practices. You consent to receiving communications from Fitomics by email, phone, and text message related to scheduling, instructions, and results. Standard message/data rates may apply. If you prefer not to receive certain communications, contact us and we will attempt to accommodate where feasible.

13. PHOTO/VIDEO RELEASE (OPTIONAL)
If Fitomics requests photos or video for educational or marketing purposes, your participation is voluntary. Fitomics will obtain your separate written consent before using identifiable images for marketing. You may decline without affecting your Services.

14. ASSUMPTION OF RISK; RELEASE OF LIABILITY
To the fullest extent permitted by law, you voluntarily assume all risks related to participation in the Services. You hereby release, waive, and discharge Fitomics, its owners, officers, directors, employees, contractors, agents, affiliates, and representatives from any and all claims, demands, damages, causes of action, losses, liabilities, and expenses (including attorneys’ fees) arising out of or related to your participation in the Services, including claims based on ordinary negligence, except to the extent prohibited by law or resulting from gross negligence or willful misconduct.

15. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Fitomics from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your breach of this Agreement; (b) your misuse of the Services; (c) your violation of any law or third-party rights; or (d) your negligent or intentional acts or omissions.

16. GOVERNING LAW; VENUE
This Agreement is governed by the laws of the state in which the Services are primarily performed (e.g., Alabama or Tennessee), without regard to conflict-of-law rules. Any legal action shall be brought in the state or federal courts located in that state, and you consent to personal jurisdiction and venue in such courts.

17. SEVERABILITY; ENTIRE AGREEMENT
If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force and effect. This Agreement constitutes the entire agreement between you and Fitomics regarding the Services and supersedes prior or contemporaneous understandings relating to the Services.

18. CHANGES TO TERMS
Fitomics may update these Terms & Conditions from time to time. The version in effect at the time you purchase or schedule Services will apply to that transaction unless otherwise required by law.

19. ACKNOWLEDGMENT AND ELECTRONIC SIGNATURE
By purchasing, scheduling, and/or participating in any Fitomics Services, you acknowledge that your actions constitute your electronic signature and agreement to be bound by these Terms & Conditions.

Questions? Contact Fitomics support for clarification before scheduling if you have any concerns about risks, eligibility, preparation requirements, or how your results will be delivered.