TERMS & CONDITIONS

1. ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") govern your use of the website, services, and SMS messaging programs operated by FitWell Partners LLC d/b/a Gameday Men's Health ("we," "us," "our," or "the Company"). By accessing our website, booking an appointment, submitting a form, or opting into any of our messaging programs, you agree to be bound by these Terms. If you do not agree, please do not use our services.

2. ELIGIBILITY

Our services and messaging programs are available only to individuals who are at least 18 years of age. By using our services or opting into our messaging programs, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3. DESCRIPTION OF SERVICES

FitWell Partners LLC d/b/a Gameday Men's Health provides men's health and wellness services including, but not limited to, testosterone replacement therapy (TRT), erectile dysfunction (ED) treatment, medical weight loss, peptide therapy, shockwave therapy, and vitamin wellness programs. Services are provided through licensed medical professionals at our clinic locations.

4. SMS MESSAGING TERMS OF SERVICE

This section governs the SMS text messaging programs operated by FitWell Partners LLC d/b/a Gameday Men's Health. By opting in, you agree to the following terms specific to our messaging programs.

4.1 Program Description & Use Cases

FitWell Partners LLC d/b/a Gameday Men's Health operates the following SMS messaging programs:

4.2 Consent & Opt-In

By providing your phone number and checking the applicable consent checkbox(es) on our opt-in form, you consent to receive SMS text messages from FitWell Partners LLC d/b/a Gameday Men's Health for the specific message type(s) you selected.

• Consent for each message type is collected separately. Checking the transactional messaging checkbox only consents you to transactional messages. Checking the marketing messaging checkbox only consents you to marketing messages.
• Consent is not a condition of purchase or service. You may book appointments, receive care, and use our services without opting into SMS messaging.
• Checkboxes are unchecked by default. You must actively select each checkbox to provide consent.

4.3 Message Sender & Originating Number

All SMS messages will be sent by FitWell Partners LLC d/b/a Gameday Men's Health. Messages will originate from a dedicated phone number that will be identified in your opt-in confirmation message.

4.4 Message Frequency

Message frequency varies depending on the program:

• Transactional messages: Sent as needed based on your appointment activity (e.g., confirmations, reminders, follow-ups).
• Marketing messages: Sent periodically and will not exceed a reasonable frequency. You will not be overwhelmed with messages.

4.5 Message & Data Rates

Message and data rates may apply. Charges depend on your mobile carrier and phone plan. Contact your carrier for details regarding your messaging plan and any applicable fees.

4.6 Opt-In Confirmation

After you opt into our SMS messaging program(s), you will receive an immediate confirmation message that includes:

• The program name (Gameday Men's Health)
• A description of the messages you'll receive
• Instructions on how to opt out (reply STOP)
• Instructions on how to get help (reply HELP)
• A disclosure that message and data rates may apply

Sample Opt-In Confirmation (Transactional):

Sample Opt-In Confirmation (Marketing):

4.7 Sample Messages

Below are examples of the types of messages you may receive:

Appointment Reminder:

Promotional Offer:

Customer Reactivation:

4.8 How to Opt Out

You may opt out of SMS messages at any time by replying STOP to any message you receive from us. After we receive your opt-out request:

• We will send you a one-time confirmation that your opt-out has been processed.
• You will not receive any further messages of that type.
• Opting out of marketing messages does not opt you out of transactional messages, and vice versa. To opt out of both, reply STOP to messages from each program.

4.9 How to Get Help

For help or questions about our messaging programs, you can:

• Reply HELP to any message from us
• Email us at [email protected]
• Call us at +1 (910) 262-5339

4.10 Supported Carriers

Our SMS messaging programs are compatible with most major U.S. mobile carriers. Carriers are not responsible for delayed or undelivered messages.

5. USER OBLIGATIONS

By using our services and messaging programs, you agree to:

• Provide accurate, current, and complete information
• Only provide a phone number that you own or are authorized to use
• Notify us promptly if your phone number changes
• Not use our services for any unlawful or unauthorized purpose

6. INTELLECTUAL PROPERTY

All content on our website and in our communications — including text, graphics, logos, images, and trademarks — is the property of FitWell Partners LLC d/b/a Gameday Men's Health or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our prior written consent.

7. DISCLAIMER OF WARRANTIES

Our website, services, and messaging programs are provided on an "as is" and "as available" basis. FitWell Partners LLC d/b/a Gameday Men's Health makes no warranties, express or implied, regarding the accuracy, reliability, completeness, or availability of our services. We do not guarantee that SMS messages will be delivered without delay or error, as delivery depends on mobile carrier networks outside our control.

8. LIMITATION OF LIABILITY

To the fullest extent permitted by law, FitWell Partners LLC d/b/a Gameday Men's Health, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website, services, or messaging programs.

We are not responsible for any charges incurred from your mobile carrier related to SMS messaging.

9. PRIVACY

Your use of our services and messaging programs is also governed by our Privacy Policy, which describes how we collect, use, share, and protect your personal information. By agreeing to these Terms, you also acknowledge that you have read and understood our Privacy Policy.

10. MODIFICATIONS TO TERMS

We reserve the right to update or modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. Your continued use of our services or messaging programs after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

11. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the State in which your local Gameday Men's Health clinic operates, without regard to conflict of law principles.

12. SEVERABILITY

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

13. CONTACT INFORMATION

For questions or concerns about these Terms, please contact us: