Elixir Muscle Recovery

Terms and Conditions

Effective date: October 6, 2026

1.Agreement to these Terms

These Terms and Conditions (“Terms”) are a binding agreement between you and Elixir Muscle Recovery Franchising, LLC (“Elixir,” “we,” “us,” or “our”). They govern your use of the Elixir Muscle Recovery mobile app and the website at elixirmuscle.com (together, the “Services”).

By creating an account, checking a box to accept these Terms, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

These Terms work together with our Privacy Policy and, if you book or use recovery services, the Comprehensive Liability Waiver, Release, and Indemnification Agreement you accept at signup (the “Waiver”). If these Terms and the Waiver conflict on a matter relating to your use of recovery services at a location, the Waiver controls.

2.Who provides what

Elixir provides the app and website. Elixir Muscle Recovery locations and mobile units are owned and operated by independent franchise operators (“Operators”), often inside a gym, club, or athletic venue (a “Host Facility”).

The Operator of the location you select, and not Elixir, provides all recovery services, sets its own prices, schedules, and policies, employs its own staff, and collects your payments. Elixir does not own, operate, staff, or supervise any franchised location and is not responsible for the acts or omissions of any Operator or Host Facility. Your membership or session purchase is a contract between you and the Operator.

3.Eligibility and your account

• Age. You must be at least 18 years old to create an account. A parent or legal guardian may add a minor to the parent’s account and must accept the Waiver on the minor’s behalf. No one under 7 may use any recovery service.
• Accurate information. You agree to give accurate, current, and complete information, including health and emergency contact information, and to keep it up to date.
• Account security. You are responsible for keeping your password confidential and for all activity under your account. Tell us right away at info@elixirmuscle.com if you believe your account has been used without your permission.
• One person per account. Your account, membership, and check-in codes are personal to you. You may not share, sell, or transfer them, except through a family or guest add-on that allows it.

4.Memberships, passes, and bookings

• Plans. Memberships, passes, add-ons, and their prices, features, and availability are set by the Operator of each location and shown in the app before you buy. They may differ from one location to another.
• Where a plan is valid. A membership or pass is valid only at the location or route you bought it for, unless your plan or an add-on says otherwise.
• Bookings. Session times are subject to availability. A time you select may be held for a limited period while you complete signup and is not confirmed until payment succeeds.
• Free trial. If a location offers a free trial, it is limited to one session per person, ever, and may be booked only in the days and times the Operator makes available.
• Discount codes. Codes are issued by the Operator, apply only as stated, have no cash value, cannot be combined unless stated, and may be withdrawn at any time.
• Late arrival, cancellations, and no-shows. Each Operator sets its own rules for late arrivals, cancelled bookings, and missed sessions. A missed or late-cancelled session may be forfeited.
• Changes by the Operator. Operators may change schedules, stops, hours, and services, or close a location or route, for reasons including weather, maintenance, staffing, and Host Facility restrictions.

5.Payments, renewal, and cancellation

• Payment. Payments are collected by the Operator through a third-party payment processor (Stripe, including Apple Pay where offered). By providing a payment method, you confirm you are authorized to use it and authorize the Operator to charge it for the plan you select, plus applicable taxes.

• How to cancel. You may cancel a membership or add-on at any time in the app or by contacting the Operator of your location. To avoid the next charge, cancel before your next billing date. Your plan stays active through the end of the period you have paid for.
• Price changes. The Operator may change prices by giving you notice before the change takes effect. If you do not agree, you may cancel before your next billing date.
• Refunds. Except where required by law or stated in the Operator’s posted policy, all fees are non-refundable, and no refunds or credits are given for partial periods, unused sessions, or a suspension or termination under these Terms or the Waiver.
• Failed payments. If a charge fails, the Operator may retry it and may suspend your bookings and membership until it is paid.
• Billing questions. Contact the Operator of your location first about charges, refunds, and billing disputes.

6.Health, safety, and the Waiver

• Waiver required. You must accept the Waiver before you book or use any recovery service. The Waiver contains a release of liability, an assumption of risk, and an indemnity. Please read it carefully.
• Rules at the location. You agree to follow posted rules, session limits, and staff instructions, and not to use any recovery service while under the influence of alcohol, cannabis, or any impairing substance.
• Right to refuse service. The Operator may refuse, limit, or end service at any time as described in the Waiver.

7.Acceptable use

You agree not to:

• use the Services for any unlawful, fraudulent, or harmful purpose;
• give false information, impersonate anyone, or create an account for someone else without permission;
• share or resell your account, membership, bookings, or check-in codes;
• book sessions you do not intend to use, or abuse free trials or discount codes;
• copy, modify, reverse engineer, scrape, or interfere with the Services, or get around any security or access control;
• upload viruses or other harmful code, or overload our systems; or
• harass, threaten, or abuse staff, Operators, or other members.

8.Intellectual property

The Services, the Elixir Muscle Recovery name and logos, and all content, software, and recovery protocols are owned by Elixir or its licensors and are protected by trademark, copyright, and other laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose. All other rights are reserved.

9.Content and feedback you submit

If you submit reviews, comments, photos, or suggestions, you grant Elixir and Operators a worldwide, royalty-free, perpetual license to use, reproduce, and display them in connection with the Services and our marketing. You confirm you have the right to submit that content and that it is accurate and not unlawful. We may remove any content at our discretion. Use of your name and image in marketing is also covered by the media release in the Waiver, including your right to opt out.

10.Communications, privacy, and third-party services

• Privacy. Our Privacy Policy explains how we and Operators collect, use, and share your information. By using the Services, you agree to it.
• Electronic communications. You agree that we and Operators may send you notices, agreements, receipts, and other communications electronically, and that checking a box or tapping to accept has the same legal effect as a handwritten signature.
• Texts and marketing. If you agree to receive text messages, message frequency varies and message and data rates may apply. Reply STOP to cancel or HELP for help. You can unsubscribe from marketing emails using the link in any email.
• Third-party services. The Services rely on or link to services we do not control, such as Stripe, Apple Pay, map providers, and Host Facility websites. Your use of them is subject to their own terms, and we are not responsible for them.

11.Disclaimers and limitation of liability

We do not promise that the Services will be uninterrupted, error-free, or secure, that mobile unit locations, schedules, or availability shown in the app will always be accurate, or that any recovery service will produce a particular result.

Elixir is not liable for the acts, omissions, services, facilities, or equipment of any Operator or Host Facility. Some states do not allow certain disclaimers or limits, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

12.Indemnification

You agree to indemnify, defend, and hold harmless Elixir, Operators, and their respective owners, officers, employees, and agents from any claim, loss, liability, or expense, including reasonable attorney fees, arising from your misuse of the Services, your breach of these Terms, your violation of any law or anyone else’s rights, or content you submit.

13.Dispute resolution

• Talk to us first. Before starting arbitration, the party with a claim must send the other a written notice describing the claim and the relief sought. Send notices to us at the address in Section 17. The parties will try in good faith to resolve the claim for thirty (30) days after the notice.
• Binding arbitration. Any dispute or claim arising out of or relating to these Terms or the Services that is not resolved informally will be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single neutral arbitrator. The Federal Arbitration Act governs this Section. The arbitration will take place in the county where you live or by phone or video, unless we both agree otherwise. Fees will be allocated under the AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court with jurisdiction.
• Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Elixir may go to court to seek an injunction protecting its trademarks, trade secrets, and other intellectual property.

• Time limit. To the extent permitted by law, any claim must be brought within one (1) year after the event giving rise to it, or it is permanently barred.
• Claims about recovery services. Disputes arising from your use of recovery services at a location are governed by the dispute resolution terms of the Waiver.
• Governing law and courts. These Terms are governed by the laws of the State of Texas, without regard to its conflict of law rules. Any claim that is not subject to arbitration must be brought in the state or federal courts located in Collin County, Texas, and you consent to their jurisdiction.

14.Suspension and termination

You may stop using the Services at any time, and you may delete your account from inside the app, under Account. Deleting your account does not cancel amounts already owed, and you should cancel any active membership first.

We or the Operator may suspend or end your access to the Services at any time, with or without notice, if you breach these Terms or the Waiver, fail to pay, or use the Services in a way that creates risk for others. Sections 8, 9, 11, 12, 13, and 15 continue to apply after your access ends.

15.Changes and general terms

• Changes to the Services. We may add, change, or remove features of the Services at any time.
• Changes to these Terms. We may update these Terms from time to time. We will change the effective date at the top and, if the changes are material, notify you in the app or by email. Your continued use of the Services after an update means you accept the updated Terms.
• Entire agreement. These Terms, the Privacy Policy, and the Waiver are the entire agreement between you and Elixir about the Services.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not transfer your rights under these Terms. We may assign these Terms to an affiliate or a successor.
• Operators as beneficiaries. Operators are intended third-party beneficiaries of the Sections of these Terms that refer to them and may enforce those Sections.

16.Apple App Store

This Section applies if you downloaded the Elixir Muscle Recovery app from the Apple App Store. If it conflicts with another Section of these Terms, this Section controls for that download.

• Apple is not a party. These Terms are between you and Elixir only, and not with Apple Inc. (“Apple”). Elixir, not Apple, is solely responsible for the app and its content.
• Your license. Your license to use the app is a non-transferable license to use it on any Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Maintenance and support. Elixir, not Apple, is solely responsible for any maintenance and support for the app. Apple has no obligation to provide either.
• Warranty. To the maximum extent permitted by law, Apple has no warranty obligation for the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price you paid for the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
• Claims. Elixir, not Apple, is responsible for addressing any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
• Intellectual property claims. If a third party claims that the app, or your possession and use of it, infringes that third party’s intellectual property rights, Elixir, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple as third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.
• Purchases are not made through Apple. Memberships, passes, and add-ons are sold by the Operator of your location and processed by Stripe. They are not Apple In-App Purchases. Apple is not a party to those purchases and cannot issue refunds for them. Billing questions and refund requests go to the Operator, as described in Section 5.

17.Contact us

Questions about these Terms: