Terms & Privacy

Courage Fitness Durham

Last Updated: July 11, 2026

Courage Fitness Durham (“CFD,” “we,” “us,” or “our”) operates couragefitnessdurham.com and related services. We are owned and operated by Durham Strength and Conditioning LLC, located at 410 W Geer St, Durham, NC 27701.

By accessing or using our website, services, or providing your information (including opting into SMS communications), you agree to these Terms of Use and Privacy Policy. If you do not agree, please do not use our site or services.

Table of Contents

SECTION 1 – TERMS OF USE

SECTION 2 – PRIVACY POLICY

SECTION 3 – CONTACT US

SECTION 1 – TERMS OF USE

1.1 Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use our services or provide consent for communications. For minors participating in kids’ programs, a parent or legal guardian must provide consent and supervise participation.

1.2 Intellectual Property

All content on this website and in our programs (text, images, videos, client journey materials, logos, custom programming, etc.) is owned by Durham Strength and Conditioning LLC or licensed to us and protected by U.S. and international intellectual property laws. You receive a limited, revocable, non-exclusive, non-transferable license for personal, non-commercial use only. Commercial use, reproduction, or distribution requires prior written permission.

1.3 User Conduct

You agree not to:

• Use the website or services for any unlawful purpose.
• Post or transmit defamatory, obscene, harmful, or infringing content.
• Attempt to gain unauthorized access, interfere with the site, or submit false information.
• Violate any applicable laws or the rights of others.

1.4 Fitness & Health Disclaimers

All information, programming, and guidance provided on this website or through our services is for general educational purposes only and is not medical, nutritional, or therapeutic advice. Consult your physician before beginning any exercise program, especially if you have pain, mobility limitations, injuries, or medical conditions. Participation in physical activity involves inherent risks of injury. You assume all risks. We do not guarantee specific results — outcomes depend on individual effort, consistency, and other factors. Pain is information, not a life sentence; our focus is on helping you move better and reclaim physical freedom safely.

1.5 Limitation of Liability

To the maximum extent permitted by law, Durham Strength and Conditioning LLC, its owners, coaches, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the website, services, or participation in any program. If we are found liable, our total liability shall not exceed the greater of $500 or the amount you paid us in the six months prior to the claim.

1.6 Indemnification

You agree to indemnify, defend, and hold harmless Durham Strength and Conditioning LLC and its affiliates from any claims, losses, damages, or expenses (including reasonable attorneys’ fees) arising from your breach of these terms, misuse of the services, or violation of any law or third-party right.

1.7 Dispute Resolution – Mandatory Binding Arbitration & Class Action Waiver

Any dispute arising out of or relating to these Terms, the Privacy Policy, or your use of our services shall be resolved by final, binding, confidential arbitration administered by the American Arbitration Association in Durham, North Carolina, under its Commercial Rules. You waive any right to a jury trial or to participate in a class action. Small claims court exceptions and claims for injunctive or intellectual property relief are preserved. This arbitration agreement survives termination of your relationship with us.

1.8 Governing Law & Venue

These Terms are governed by the laws of the State of North Carolina without regard to conflict of laws principles. Any non-arbitrable claims shall be brought exclusively in the state or federal courts located in Durham County, North Carolina, and you consent to personal jurisdiction there.

1.9 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

1.10 SMS/Text Messaging Program

By opting into our SMS/text messaging program, you acknowledge and agree to the following:

• You are at least 18 years of age.
• You consent to receive automated text messages from Durham Strength and Conditioning LLC (doing business as Courage Fitness Durham) at the mobile number you provide.
• Message types include promotional messages about our programs, classes, events, and special offers, as well as transactional messages such as appointment reminders, class confirmations, schedule changes, and account notifications.
• Message frequency may vary depending on your engagement. Message and data rates may apply.
• To opt out at any time, reply STOP to any message. To receive assistance, reply HELP.
• Carriers (including Verizon, AT&T, T-Mobile, and others) are not liable for delayed or undelivered messages.
• These SMS terms are in addition to our full Terms of Use and Privacy Policy. Continued participation after any changes constitutes acceptance of the updated terms. We reserve the right to modify or discontinue the SMS program at any time.

SECTION 2 – PRIVACY POLICY

2.1 Introduction & Scope

We respect your privacy and are committed to protecting your personal information, especially sensitive health and fitness data related to your physical freedom journey. This Privacy Policy explains what we collect, how we use it, how we share it, and your rights. It applies to our website, services, forms, and any SMS/text messaging program you opt into. We use Mindbody Online for membership management and billing, and Lead Action/SiteFit for CRM and website operations. These providers have their own privacy practices.

2.2 Information We Collect

We collect the following categories of information:

• Contact & Account Information: Name, email address, phone number (including mobile for SMS with your explicit consent), address, date of birth.
• Sensitive Health & Fitness Data: Pain/limitations, mobility assessments, goals, measurements, nutrition/lifestyle notes, progress photos or videos (voluntarily shared), injury history, and movement capacity information.
• Usage & Technical Data: IP address, device information, browser type, pages visited, cookies, and analytics data.
• Payment Information: Processed securely via Mindbody; we do not store full credit card details.
• Kids/Family Information: Limited data for children’s programs with verifiable parental/guardian consent.

2.3 How We Collect Information

We collect information directly from you (through forms, discovery calls, assessments, membership agreements, and SMS opt-in consent), automatically through cookies and analytics tools when you visit our website, and from third-party service providers (Mindbody, Lead Action) necessary to deliver our services.

2.4 Purposes & Legal Basis for Processing

We process your information to: deliver personalized coaching and custom programming that supports your physical freedom; manage memberships and billing; communicate important updates (including via SMS when you have opted in); improve our services and website experience; send marketing communications only with your explicit consent; and comply with legal obligations. For sensitive health data and SMS communications, we rely on your explicit, affirmative consent.

2.5 Sharing & Disclosure

We do not sell your personal information. We share information only as necessary with:

• Service Providers: Mindbody Online (membership/billing), Lead Action/SiteFit (CRM/website), analytics providers, email platforms, and payment processors — all under appropriate data processing agreements.
• Legal obligations, safety, or business transfers (e.g., merger or acquisition).
• As described in Section 2.14 regarding SMS communications.

2.6 Cookies & Tracking Technologies

We use essential, analytics, and functional cookies to improve your experience and understand how our website is used. You will see a cookie consent banner on your first visit. You can manage preferences through your browser settings. We honor Global Privacy Control signals where applicable.

2.7 Your Privacy Rights (2026)

Depending on your location, you may have rights to access, correct, delete, or port your personal information, opt-out of sale/sharing or targeted advertising, limit processing of sensitive data, and appeal decisions. To exercise these rights, email [email protected]. We respond within applicable legal timelines (typically 45 days).

California Residents (CCPA/CPRA): Additional rights apply, including the right to know what information we collect and the right to opt-out of any sale or sharing.

North Carolina & Other States: We honor applicable rights under the North Carolina Personal Data Privacy Act (if triggered by volume) and other state privacy laws.

2.14 SMS/Text Messaging Program

Durham Strength and Conditioning LLC (doing business as Courage Fitness Durham) offers an SMS/text messaging program for members, leads, and community members who provide explicit consent. By providing your mobile phone number and consenting, you agree to receive text messages from us at the number you provide.

Message Types and Use Cases: Promotional and marketing messages about our programs, classes, events, special offers, and community updates at Courage Fitness Durham; and transactional/service-related messages such as appointment reminders, class confirmations, schedule changes, billing notifications, and important account information.

Message Frequency: Message frequency may vary depending on your level of engagement with our programs and how you interact with our communications. You can generally expect 1–4 messages per week on average.

Opting Out: You may opt out at any time by replying STOP to any message you receive from us. You may also contact us at (919) 907-1233 or [email protected] to request removal from our SMS list. Text HELP for assistance.

Message and Data Rates: Message and data rates may apply.

No Mobile Information Sharing (Critical): No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service or platform providers necessary to deliver the messages, is permitted.

We maintain records of your consent as required under applicable law (including TCPA and A2P/10DLC requirements). For full details on how we collect, use, protect, and share your information — including mobile phone data — please review this entire Privacy Policy. You may update your communication preferences or request deletion of your data by contacting us using the information in Section 3.

2.8 Data Security & Breach Notification

We implement reasonable administrative, technical, and physical safeguards to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. In the event of a security breach affecting your personal information, we will notify affected individuals and relevant authorities as required by North Carolina law (within 45 days) and other applicable regulations.

2.9 Data Retention

We retain personal information only as long as necessary to fulfill the purposes for which it was collected, to comply with legal obligations (e.g., 7 years for financial and membership records), or to resolve disputes. Fitness assessment and program data are typically retained for the duration of your active membership plus a reasonable period thereafter to support continuity if you return.

2.10 Children’s Privacy (COPPA)

We do not knowingly collect personal information from children under 13 without verifiable parental or guardian consent. Our kids’ fitness programs require active parental/guardian involvement and consent. If you believe we have collected information from a child under 13 without proper consent, please contact us immediately so we can take appropriate action.

2.11 International Data Transfers

Your information may be processed and stored in the United States. If you are located outside the U.S., your data may be transferred to and processed in the U.S. We use appropriate safeguards to protect your information in accordance with this Policy.

2.12 Automated Decision-Making

We do not currently use automated decision-making technologies that produce legal or similarly significant effects. If we implement such tools in the future (for example, AI-assisted program recommendations), you will have the right to opt out and request human review where applicable.

2.13 Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, services, or legal requirements. When we make material changes, we will update the “Last Updated” date at the top of this page and, where feasible, provide notice through our website, email, or SMS (if you have opted in). Your continued use of our website or services after changes are posted constitutes acceptance of the updated Policy.

SECTION 3 – CONTACT US

We encourage you to contact us with any questions, concerns, or requests regarding these Terms, this Privacy Policy, your personal information, or our SMS program.

Email: [email protected]

Phone: (919) 907-1233

Mail: Durham Strength and Conditioning LLC dba Courage Fitness Durham

410 W Geer Street, Durham, NC 27701

For privacy-related requests (access, deletion, opt-out, etc.), please include “Privacy Request” in the subject line of your email so we can respond promptly.

Thank you for trusting Courage Fitness Durham with your physical freedom journey. We are committed to protecting your information while helping you move better, feel stronger, and live freer.