FGA Fitness Messaging Terms and Conditions
Fernando Gaviria Fitness (hereinafter, "FGA Fitness", "We", "Our") offers a mobile messaging program (the "Program"), the use of which implies acceptance of these Messaging Terms and Conditions and the Messaging Privacy Policy.
By opting in or participating in any of our Programs, you accept and agree to these terms and conditions, including your agreement to resolve any dispute with us through binding individual arbitration, as detailed in the "Dispute Resolution" section. Arbitration involves less discovery and fewer appeals than a court case. Please review it carefully. By opting in, you represent that you are doing so out of a genuine desire to receive discounts, promotions, fitness tips, and other information from us, and not with the intention of initiating litigation. This Agreement is limited to the Program and does not modify any other Terms and Conditions or Privacy Policies that govern our relationship in other contexts.
1. User Opt-In.
Consent for Automated Messages: By providing your phone number, you agree to receive recurring, automated promotional and marketing text messages (SMS/MMS) from FGA Fitness, which may include reminders, workout tips, product updates, and offers. You represent that you are the legitimate user of this number. Consent is not a condition of any purchase. Your carrier's rates may apply.
No Time Restriction: Due to technical and legal limitations, you understand and accept that your consent includes the possibility of receiving messages 24 hours a day.
Consent for Electronic Information (E-Sign): By opting into the Program, you authorize us to provide you with any required legal notice electronically (on this website), instead of on paper.
Fraud Prevention: You authorize our messaging service provider to use information from your mobile device to confirm your subscription and prevent fraud.
2. User Opt-Out.
If you wish to discontinue participation in the Program, you must reply to any of our messages with one of the following words: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. This is the only reasonable and effective method for opting out. You may receive a confirmation message. Other methods, such as contacting an employee through other means, are not considered valid opt-outs for the Messaging Program. Please see our Appendix A: Do Not Call Policy.
3. Other Policies.
By participating, you also agree to our Messaging Privacy Policy, FGA Fitness General Terms and Conditions, and General Privacy Policy.
4. Program Description.
Messages may include: marketing, promotions, purchase confirmations for plans or supplements, shipping information, customer support, reminders, System 333 training tips, and product and service updates.
5. AI-Generated Content.
Occasionally, we may use third-party artificial intelligence (AI) services to help us generate or suggest the content of some messages. By remaining in the program, you agree to this use.
6. Frequency, Cost and Changes.
Your carrier's charges may apply. The frequency of messages (daily, weekly, monthly) will vary, and we reserve the right to modify it, as well as change the sender number.
7. Support.
For assistance with the Program, text "HELP" to the number from which you received the messages or write to info@fernandogaviria.com. This email is NOT a valid method for unsubscribing (use the commands in section 2).
8. Supported Devices.
The Program is offered "as is." Not all devices or areas may be compatible. We are not responsible for delayed or undelivered messages due to your carrier's failures.
9. Warranty Disclaimer.
The Program is offered "as is" and may not be available at all times. We are not responsible for delays or failures in receiving messages beyond our control.
10. Contact Information.
This program is a service of Fernando Gaviria Fitness (FGA Fitness). For matters specifically related to these messaging terms, you can contact us at: info@fernandogaviria.com.
11. Age Restriction.
You cannot participate if you are under 13 years old. If you are between 13 and 18 years old, you must have permission from your parent or legal guardian. By participating, you declare that you meet these requirements.
12. Prohibited Content.
You agree not to submit prohibited content through the Program, including (but not limited to): fraudulent, defamatory, harassing, obscene, violent, discriminatory material, computer viruses, promotion of illegal products, or protected personal medical information (such as that protected by HIPAA).
13. Residency and State Telemarketing Laws (USA).
We comply with applicable telemarketing laws. For compliance purposes, we may assume that your residence is the one associated with the area code of your telephone number at the time of registration.
14. Dispute Resolution (Includes Arbitration Agreement and Waiver of Class Action Lawsuits).
THIS SECTION LIMITS CERTAIN RIGHTS, SUCH AS THE RIGHT TO GO TO COURT, TO A JURY, AND TO PARTICIPATE IN CLASS ACTIONS.
Binding Individual Arbitration: Any dispute, claim, or controversy between you and FGA Fitness (or our courier provider) arising out of or relating to this Agreement (a "Dispute"), will be resolved by binding individual arbitration before a sole arbitrator, except for claims that qualify for small claims court.
Mandatory Informal Process: Before initiating formal arbitration, the parties must attempt to resolve the Dispute in good faith through a 60-day informal process, notifying the other party in writing of the details of the claim.
Arbitration Rules and Mass Arbitrations: The arbitration will be administered by New Era ADR under its rules. In the event of 5 or more arbitrations with common issues ("Mass Arbitration"), special procedures will apply, which may include the selection of "test" cases whose outcome may serve as precedent.
Waiver of Class Action and Jury Trials: BY ACCEPTING THESE TERMS, YOU AND FGA FITNESS WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATION. Disputes will be arbitrated on an individual basis only.
15. Miscellaneous.
We reserve the right to modify these terms. Your continued participation after any changes constitutes your acceptance of the changes. If any provision is invalid, the remaining provisions remain in full force and effect.
Appendix A: FGA Fitness No Call Policy (Text Messages)
FGA Fitness complies with federal and state "Do Not Call" laws. It is our policy NOT to send SMS/MMS telemarketing messages to:
Numbers for which we do not have prior express written consent.
Numbers on our Internal Do Not Call List.
To be included on our Internal Do Not Call List, you can:
Reply to any of our messages with: STOP, END, CANCEL, UNSUBSCRIBE or QUIT.
To request to be added, contact customer service at info@fernandogaviria.com and provide your name and number.
Your number will be kept on this list indefinitely. If you change your number, you must request that the new one be added.
Effective date: February 2026
