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Terms of Service 

Diesel Fitness, Inc. Website Terms of Service & Conditions

These Website Terms of Service and Conditions ("Terms") govern your access to and use of dieseloptimization.com and any related website, mobile interface, online booking system, account portal, digital service, or other online service operated by or on behalf of Diesel Fitness, Inc., a Florida corporation ("Diesel Fitness," "Diesel," "we," "us," or "our").

By accessing or using our Website, creating an account, purchasing a membership or service, registering for a class, program, event, or activity, or otherwise interacting with Diesel Fitness through the Website, you acknowledge that you have read and agree to these Terms.

If you do not agree to these Terms, you should not use the Website.

1. Website Terms; Membership and Service Agreements

These Terms primarily govern your use of Diesel Fitness's Website and online services.

Memberships, fitness classes, personal training, athletic performance training, youth programs, camps, events, facility rentals, equipment use, and other physical activities or services offered by Diesel Fitness may be subject to separate agreements, including, without limitation:

  • Membership Agreements;
  • Waivers and Releases of Liability;
  • Assumption of Risk Agreements;
  • Parent or Guardian Consents and Minor Waivers;
  • Payment and Recurring Billing Authorizations;
  • Facility Rental Agreements;
  • Program-Specific Terms;
  • Rules and Policies; and
  • Other agreements applicable to a particular service.

Collectively, these are referred to as "Service Agreements."

When you purchase or participate in a Diesel Fitness service requiring a Service Agreement, that Service Agreement is incorporated by reference into the contractual relationship governing that service.

If these Terms conflict with a Service Agreement concerning a particular membership, program, activity, payment obligation, cancellation right, or physical participation, the applicable Service Agreement will control with respect to that subject matter, except where applicable law requires otherwise.

Nothing contained in these Terms is intended to waive, restrict, eliminate, or modify any consumer right that cannot lawfully be waived.

2. Florida Health Studio Law

Diesel Fitness provides fitness and exercise services in the State of Florida and intends to comply with applicable provisions of Florida law governing health studios, including Sections 501.012 through 501.019, Florida Statutes, as amended from time to time.

Certain contracts for future health studio services may be subject to statutory requirements regarding contract terms, cancellation rights, refunds, registration, disclosures, and other consumer protections.

Where applicable, those rights and required disclosures will be contained in the applicable Membership Agreement or Service Agreement.

Nothing in these Website Terms is intended to modify, restrict, or waive any right provided to a consumer under applicable Florida law.

Florida Health Studio Registration No.: [INSERT APPLICABLE REGISTRATION NUMBER]

3. Eligibility and User Accounts

You agree to provide accurate, complete, and current information when creating an account, purchasing services, registering for programs, or otherwise interacting with Diesel Fitness.

You are responsible for maintaining the confidentiality and security of your account credentials, including your username and password.

You are responsible for activities conducted through your account to the extent permitted by applicable law.

You must promptly notify Diesel Fitness if you believe your account or credentials have been lost, stolen, compromised, or used without authorization.

Diesel Fitness may suspend, restrict, or terminate Website account access when reasonably necessary to protect Diesel Fitness, its members, customers, employees, facilities, systems, or other users; enforce these Terms or an applicable Service Agreement; or comply with applicable law.

4. Memberships, Classes, Training, Programs and Reservations

The Website may permit users to purchase or reserve memberships, group fitness classes, personal training, athletic performance training, youth programs, camps, facility rentals, events, merchandise, or other products and services.

Prices, schedules, instructors, trainers, class availability, programs, facility hours, and services may change from time to time as permitted by applicable law and the applicable Service Agreement.

Reservations may be subject to separate:

  • Cancellation policies;
  • Late-cancellation policies;
  • No-show charges;
  • Waitlist policies;
  • Attendance requirements;
  • Program rules; and
  • Other policies disclosed at the time of booking or in the applicable Service Agreement.

Purchase of a membership or registration for physical activities may require acceptance of a separate Membership Agreement, Waiver and Release of Liability, Assumption of Risk Agreement, or other Service Agreement before participation.

5. Payments, Billing and Recurring Charges

You agree to pay all authorized charges associated with purchases made through your account or payment method.

By providing a credit card, debit card, bank account, or other payment method, you represent that you are authorized to use that payment method and authorize Diesel Fitness and its applicable payment processors to process amounts that you have agreed to pay.

Recurring memberships and services will be billed in accordance with the applicable Membership Agreement, Service Agreement, and payment authorization.

Diesel Fitness will disclose applicable recurring charges and material billing terms in connection with the applicable purchase.

Cancellation of recurring memberships or services must be completed in accordance with the applicable Membership Agreement or Service Agreement and applicable Florida law.

Failure to use a membership, attend classes, or access Diesel Fitness facilities does not by itself terminate a membership or recurring payment obligation except where otherwise provided by the applicable Service Agreement or law.

6. Florida Cancellation and Refund Rights

Memberships and contracts for future health studio services are subject to applicable cancellation and refund rights contained in the applicable Membership Agreement and Florida law.

Where applicable, Florida law provides consumers with certain statutory cancellation rights for contracts for future health studio services, including a right to cancel within the statutory period following execution of the contract.

Additional cancellation or refund rights may apply under Florida law in circumstances involving matters such as death, disability, relocation of the health studio, unavailability of contracted services, or other circumstances specified by law.

The precise statutory notice and cancellation provisions applicable to a particular membership will be included in the applicable Membership Agreement when required.

Nothing in these Terms eliminates, limits, or replaces any cancellation or refund right required by Florida law.

Refunds for merchandise, facility rentals, special events, or other services not governed by Florida's health studio statutes will be governed by the refund or cancellation policy disclosed in connection with the applicable transaction.

7. Physical Activity; Assumption of Risk

Exercise and athletic activities inherently involve risks.

Activities conducted at or through Diesel Fitness may include strength training, cardiovascular exercise, running, jumping, lifting weights, resistance training, mobility exercises, athletic performance training, group fitness, personal training, use of free weights and exercise equipment, sporting activities, and other strenuous physical activities.

These activities may involve risks of falls, collisions, equipment malfunction or misuse, overexertion, dehydration, cardiovascular events, muscle strains, sprains, fractures, head injuries, serious bodily injury, and other foreseeable or unforeseeable injuries.

Participation in physical activities at Diesel Fitness is subject to the applicable Waiver and Release of Liability and Assumption of Risk Agreement executed by the participant or, where legally appropriate, the participant's parent or legal guardian.

These Website Terms are not intended to replace Diesel Fitness's separate participation waiver.

8. Health and Medical Disclaimer

Information provided by Diesel Fitness through its Website, trainers, coaches, classes, social media, programs, or educational materials regarding exercise, fitness, nutrition, recovery, wellness, athletic performance, or related subjects is intended for general informational purposes unless expressly stated otherwise.

Unless expressly identified as services being provided by an appropriately licensed healthcare professional, Diesel Fitness's services are not medical services and do not constitute medical advice, diagnosis, or treatment.

You are responsible for determining whether you are physically capable of participating in a particular activity.

Individuals should consult an appropriate healthcare professional before beginning or materially changing an exercise program when appropriate based upon their individual health, medical history, symptoms, medications, injuries, or circumstances.

If you experience chest pain, severe shortness of breath, dizziness, loss of consciousness, or another potential medical emergency, stop exercising and seek appropriate emergency medical care.

In an emergency, call 911.

9. Minors and Youth Programs

Diesel Fitness may offer fitness, athletic training, educational, camp, recreational, or other programs to individuals under eighteen (18) years of age.

Participation by a minor may require authorization from a parent or legal guardian.

Diesel Fitness may require a parent or legal guardian to execute a separate Parent/Guardian Consent, Assumption of Risk, and Minor Waiver and Release before a minor may participate.

Any release concerning a minor will be administered in accordance with applicable Florida law, including Section 744.301, Florida Statutes, when applicable.

Diesel Fitness may establish minimum ages, supervision requirements, equipment restrictions, facility-access requirements, and additional rules for minors.

A parent or guardian remains responsible for complying with applicable pickup, drop-off, supervision, emergency-contact, and program requirements.

10. Facility Rules and Member Conduct

Individuals registering through the Website for activities at a Diesel Fitness facility agree to comply with posted facility rules, safety requirements, staff instructions, and applicable Service Agreements.

Diesel Fitness may restrict or terminate participation or facility access for conduct that is:

  • Unsafe;
  • Threatening;
  • Violent;
  • Abusive;
  • Harassing;
  • Discriminatory;
  • Disruptive;
  • Unlawful;
  • Destructive to property;
  • Materially interfering with other members, guests, employees, or operations; or
  • Otherwise in material violation of Diesel Fitness policies or applicable agreements.

Diesel Fitness may also restrict the use of particular equipment or activities when reasonably necessary for safety.

11. Personal Property

Members, guests, and Website users are responsible for safeguarding their personal property.

To the maximum extent permitted by law, Diesel Fitness is not responsible for lost, stolen, misplaced, or damaged personal property except to the extent liability cannot lawfully be limited.

Valuables should not be left unattended.

12. Intellectual Property Rights

Unless otherwise stated, Diesel Fitness or its licensors own all applicable intellectual property rights in the Website and its Content.

"Content" includes, without limitation:

  • Text;
  • Photographs;
  • Videos;
  • Graphics;
  • Logos;
  • Designs;
  • Trademarks;
  • Training materials;
  • Exercise programming;
  • Digital materials;
  • Written materials;
  • Software; and
  • Other proprietary materials.

All rights not expressly granted are reserved.

You may access and use Content solely for lawful personal and noncommercial purposes.

Without prior written authorization from Diesel Fitness, you may not reproduce, republish, distribute, sell, sublicense, commercially exploit, modify, create derivative works from, or otherwise misuse Diesel Fitness Content.

You may not use Diesel Fitness's trademarks, trade names, logos, photographs, videos, branding, or other intellectual property in a manner suggesting sponsorship, affiliation, endorsement, or authorization without written permission.

13. Acceptable Website Use

You may not use the Website to:

  • Engage in unlawful, fraudulent, deceptive, threatening, abusive, or harmful activity;
  • Interfere with the operation, availability, or security of the Website;
  • Introduce viruses, malware, malicious code, or harmful technology;
  • Attempt unauthorized access to accounts, systems, servers, networks, or databases;
  • Impersonate another person or entity;
  • Collect information regarding other users without authorization;
  • Circumvent security or access controls;
  • Conduct unauthorized scraping, crawling, data mining, harvesting, or automated extraction;
  • Attempt to reverse engineer Website systems except where such restriction is prohibited by law; or
  • Use the Website in a manner that infringes the rights of Diesel Fitness or another person.

14. User Content

"User Content" means reviews, comments, photographs, videos, testimonials, feedback, suggestions, or other content voluntarily submitted through the Website.

You represent that you have the right to provide User Content and that it does not violate applicable law or another person's rights.

You grant Diesel Fitness a nonexclusive, worldwide, royalty-free license to host, store, reproduce, display, and use User Content as reasonably necessary to operate the Website and provide the service or functionality for which it was submitted.

Submission of User Content does not, by itself, authorize Diesel Fitness to use an individual's name, image, voice, or likeness in advertising or promotional campaigns where separate authorization is required by applicable law or Diesel Fitness policy.

15. Photography, Video and Social Media

Diesel Fitness may photograph or record activities, classes, events, or facilities from time to time.

Where an individual's image or likeness is intended for advertising, marketing, promotional, or commercial use requiring authorization, Diesel Fitness may obtain a separate photo/video release or other consent as appropriate.

Individuals who do not wish to participate in organized photography or recording should notify Diesel Fitness personnel.

Additional rules may apply to photography or recording involving minors.

16. Third-Party Services and Links

The Website may use or link to third-party services, including payment processors, scheduling providers, social media services, mapping services, video services, analytics providers, accessibility providers, or other platforms.

Diesel Fitness does not control independent third-party websites and is not responsible for their independent content, availability, privacy practices, security practices, accessibility, or terms.

Your use of third-party services may be governed by their separate terms and privacy policies.

17. Privacy and Data Security

Diesel Fitness's collection, use, storage, and disclosure of personal information is further described in its Privacy Policy, which is incorporated into these Terms by reference.

Depending upon the services used, Diesel Fitness or its service providers may collect information reasonably necessary to:

  • Establish and administer accounts;
  • Process payments;
  • Manage memberships;
  • Schedule classes and appointments;
  • Operate youth programs;
  • Maintain emergency contact information;
  • Provide customer service;
  • Communicate with members;
  • Protect facilities and systems;
  • Improve services;
  • Maintain business records; and
  • Comply with legal obligations.

Diesel Fitness intends to maintain reasonable administrative, technical, and physical safeguards appropriate to the nature of information it maintains.

Payment-card and banking information may be processed and maintained by third-party payment processors.

Diesel Fitness will address covered security incidents and breaches of personal information in accordance with applicable law, including Section 501.171, Florida Statutes, where applicable.

Users should review Diesel Fitness's separate Privacy Policy for additional information regarding cookies, analytics, service providers, retention, communications, and other privacy practices.

18. SMS and Text Message Terms

18.1 Program Description

By expressly opting in to a Diesel Fitness text-message program, you authorize Diesel Fitness to send SMS or MMS messages to the mobile telephone number you provide.

Depending upon the program for which you enroll, messages may include:

  • Class and appointment reminders;
  • Reservation confirmations;
  • Waitlist notifications;
  • Account alerts;
  • Membership communications;
  • Facility announcements;
  • Customer-service communications;
  • Event information;
  • Promotional offers; and
  • Other communications disclosed when you provide consent.

18.2 Marketing Consent

Consent to receive promotional or marketing text messages is not a condition of purchasing any goods or services.

Where required, Diesel Fitness will obtain prior express written consent before sending marketing communications using automated technology.

18.3 Automated Technology

Where disclosed when you enroll, messages may be sent using automated technology.

18.4 Message Frequency

Message frequency varies depending upon the communications for which you enroll and your interactions with Diesel Fitness.

18.5 Message and Data Rates

Message and data rates may apply according to your wireless carrier and service plan. Charges imposed by your wireless provider are your responsibility.

18.6 Opt-Out

You may withdraw consent to receive text messages by replying STOP to a Diesel Fitness text message.

After processing your request, Diesel Fitness may send a confirmation message acknowledging your opt-out.

You may subsequently opt back in through an authorized enrollment method.

18.7 Help

For assistance, reply HELP to a Diesel Fitness text message or contact:

Diesel Fitness, Inc.
Email: info@dieseloptimization.com
Telephone: 813-254-3707

18.8 Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

18.9 Applicable Law

Diesel Fitness intends to administer telephone and text-message communications in accordance with applicable federal and Florida laws, including applicable provisions of Section 501.059, Florida Statutes, and federal telecommunications laws.

19. Email and Electronic Communications

By providing your email address in connection with a membership, account, transaction, or service, you consent to receive electronic communications reasonably necessary to administer that relationship.

If you separately elect to receive promotional emails, you may unsubscribe using the unsubscribe mechanism contained in those communications.

Diesel Fitness may continue sending transactional, administrative, safety, account, membership, reservation, and other nonmarketing communications as permitted by law.

You agree that electronic agreements, notices, disclosures, authorizations, and records may satisfy applicable requirements that communications be provided in writing, to the extent permitted by law.

20. Website Accessibility

We Value Digital Inclusion

In our effort to help provide a fully accessible and optimized experience for our Website visitors, dieseloptimization.com has taken measures designed to help provide an enhanced user experience, including for visitors using assistive technologies such as screen readers, magnifiers, voice-recognition software, keyboard navigation, and other assistive technologies.

The Website is monitored and tested by AudioEye, a third-party provider of web accessibility testing and monitoring.

Results of automated testing are reported to Diesel Fitness through the AudioEye platform. To the extent Diesel Fitness engages AudioEye for expert review, remediation, and user testing by people with disabilities, AudioEye may remediate discovered issues or provide feedback to Diesel Fitness for remediation.

AudioEye also continually develops and refines its accessibility solutions.

AudioEye Trusted Certification

The Trusted by AudioEye badge represents Diesel Fitness's commitment to accessibility and digital inclusion.

The AudioEye certification process may involve automated testing and, where applicable, expert review, remediation, and user testing designed to increase conformance with the Web Content Accessibility Guidelines (WCAG) 2.2, Level AA Success Criteria.

AudioEye and Diesel Fitness continue to collaborate in an ongoing effort to help maintain conformance with applicable success criteria and provide an accessible user experience.

AudioEye certifies that dieseloptimization.com has engaged AudioEye to assist Diesel Fitness in its efforts to conform with WCAG 2.2 Level AA Success Criteria.

Accessibility Testing

AudioEye uses browsers and web-based assistive technologies in testing its solutions, which may include:

  • Current and recent versions of standards-compliant desktop web browsers representing significant market share;
  • Screen readers, including JAWS, NVDA, and VoiceOver;
  • Screen magnification;
  • Voice dictation;
  • Keyboard-only navigation; and
  • Other assistive technologies commonly used by individuals with disabilities.

Web Accessibility Guidelines

Diesel Fitness has leveraged the Web Content Accessibility Guidelines (WCAG) 2.2 as a reference to help make Website content accessible to individuals with disabilities and user-friendly for all visitors.

These internationally recognized accessibility guidelines developed through the World Wide Web Consortium's Web Accessibility Initiative contain three levels of conformance: A, AA, and AAA.

Diesel Fitness and AudioEye reference Level AA in their accessibility efforts.

Accessibility Feedback

Diesel Fitness welcomes feedback regarding Website accessibility.

If you encounter an accessibility barrier or have difficulty accessing content, functionality, products, or services available through dieseloptimization.com, please report the issue so that assistance may be provided and the issue can be evaluated.

You may contact Diesel Fitness at:
Email: info@dieseloptimization.com
Telephone: 813-254-3707

Where reasonably possible, Diesel Fitness will attempt to provide requested information, products, or services through an appropriate alternative communication method.

AudioEye Accessibility Help Desk

Diesel Fitness may provide access to the AudioEye Accessibility Help Desk, which allows Website visitors to report accessibility and usability issues and may provide personalization tools to customize their Website experience.

If the AudioEye Accessibility Help Desk is not enabled by default, users may activate it through the accessibility functionality provided on the Website.

Available functionality may include:

  • AudioEye Help Desk — Users may report accessibility and usability-related issues.
  • Personalization Tools — Users may customize aspects of the Website's visual presentation.
  • Page Element Navigation — Users may navigate Website pages by element or content hierarchy using available accessibility functionality.

Third-Party Sites and Services

The Website may integrate with or link to third-party websites and services such as Facebook, Google Maps, X (formerly Twitter), LinkedIn, Instagram, YouTube, payment processors, scheduling platforms, or other third-party providers.

These websites and services are independently controlled and may present accessibility challenges that Diesel Fitness cannot directly control or remediate.

Users experiencing difficulty with a third-party service should consult that provider's accessibility resources or contact Diesel Fitness if assistance accessing Diesel Fitness information through an alternative method is needed.

21. Website Disclaimer

Diesel Fitness endeavors to maintain accurate and current Website information but does not warrant that all Website content will always be complete, accurate, current, uninterrupted, secure, or error-free.

To the maximum extent permitted by applicable law, the Website and its Content are provided on an "AS IS" and "AS AVAILABLE" basis.

Diesel Fitness does not guarantee any particular fitness, athletic, health, strength, weight-loss, performance, rehabilitation, financial, or other result from information or services described on the Website.

Individual results vary.

22. Limitation of Website Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIESEL FITNESS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING SOLELY FROM USE OF OR INABILITY TO USE THE WEBSITE.

Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is prohibited by applicable law.

Liability associated with participation in physical activities, use of Diesel Fitness facilities or equipment, or participation in Diesel Fitness programs is governed separately by the applicable Membership Agreement, Waiver and Release of Liability, Assumption of Risk Agreement, or other Service Agreement.

23. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Diesel Fitness, Inc. and its officers, directors, employees, agents, and affiliates from third-party claims, damages, liabilities, losses, and reasonable expenses arising from:

  • Your unlawful use of the Website;
  • Your material violation of these Terms; or
  • User Content submitted by you that unlawfully infringes the rights of another person.

This provision does not require you to indemnify Diesel Fitness for Diesel Fitness's own conduct to the extent such indemnification would be prohibited or unenforceable under applicable law.

24. No Warranties Regarding Third-Party Technology

Diesel Fitness may rely upon third-party providers for payment processing, scheduling, hosting, communications, accessibility, analytics, security, and other Website functions.

Diesel Fitness cannot guarantee uninterrupted availability of independent third-party systems and will not be responsible for temporary outages or failures outside its reasonable control, except as otherwise required by law.

25. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.

26. Venue and Jurisdiction

Except where another applicable Service Agreement contains a controlling and enforceable dispute-resolution provision, any judicial proceeding arising specifically from these Website Terms or use of the Website shall, to the extent permitted by applicable law, be brought in a court of competent jurisdiction located in Hillsborough County, Florida.

The parties consent to personal jurisdiction and venue in those courts.

Nothing in this provision prevents either party from exercising a statutory right or remedy that cannot lawfully be restricted.

27. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

28. No Waiver

Diesel Fitness's failure or delay in enforcing any provision of these Terms does not constitute a waiver of that provision or its right to enforce the provision in the future.

A waiver on one occasion does not constitute a waiver on any other occasion.

29. Force Majeure

To the extent permitted by applicable law and any applicable Service Agreement, Diesel Fitness will not be responsible for delays, interruptions, closures, or inability to perform resulting from circumstances beyond its reasonable control, including natural disasters, hurricanes, severe weather, fire, flood, governmental orders, public emergencies, utility failures, telecommunications failures, civil disturbances, labor disruptions, or other similar events.

Nothing in this section eliminates cancellation, refund, or other consumer rights that applicable Florida law requires Diesel Fitness to provide.

30. Changes to These Terms

Diesel Fitness may update these Terms from time to time.

The revised Terms will be posted on the Website with an updated "Last Updated" date.

Changes will apply prospectively unless otherwise permitted by applicable law.

Material changes affecting an existing paid membership or Service Agreement will be handled in accordance with that agreement and applicable law.

31. Entire Agreement and Order of Precedence

These Terms, together with Diesel Fitness's Privacy Policy and any applicable Service Agreement, govern the respective subject matters addressed in those documents.

Last Modified: September 1, 2026
Contact us at: 813-254-3707