Spring Energy Gym

Standard Service Description: 24 Hour Fitness USA, Inc. and its subsidiaries (“24 Hour Fitness”, “we” or “us”) is offering a recurring SMS text alert and update program. By submitting your mobile phone number, you consent to receive text messages for free digital workouts and automated marketing text messages from 24 Hour Fitness to the mobile number provided, that may be sent using automated dialing systems (“Text Messages”). Your consent to receive Text Messages is not otherwise required to purchase any goods or services from us. You may opt-out of these communications at any time, and consent to receive marketing text message is not required to purchase any goods or services. 

You also accept and agree to be bound these SMS/Text Terms and Conditions, the Website Terms of Use, and our Website and In-Club Privacy Policies, as applicable and any other applicable terms and agreements related to your use of 24 Hour Fitness’ services.

Opt-Out & Information You can opt out at any time by replying STOP, CANCEL, or UNSUBSCRIBE. For information about our text programs, or for support, reply HELP or call us at 1-800-432-6348.

Data Rates & Charges: Message & Data rates may apply. A wireless service provider may charge for each text message that is sent and received. Message and data charges will appear on your phone bill or be deducted from your prepaid account. Consult your service provider for information about your pricing plan.

Subscriber Requirements: Each subscriber must use his or her own wireless device capable of two-way messaging and a participating carrier with a telephone area code within the 50 United States or the District of Columbia. Not all carriers covered. Participating carriers are not liable for any delayed or undelivered messages.

SMS Services: The services are offered on an “as is” basis, and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. We may change or discontinue the services without notice or liability to you.

Privacy: Information collected in connection with the SMS services will be used in accordance with our Privacy Policies: 

https://www.24hourfitness.com/membership/inclub_privacy_policy.html 
https://www.24hourfitness.com/company/policies/privacy/privacy_policy.html

24 Hour Fitness and its officers, directors, employees and agents are not responsible and shall not be liable for any losses or injuries of any kind resulting from technical failures or delays of any kind, any damage to any person’s computer or wireless device, or any other loss directly or indirectly caused by participation in the services. We reserve the right to cease delivery of messages to any person at any time in our sole discretion.

Governing Law: These Terms and Conditions are governed by the laws of the State of California, without regard to its principles of conflicts of law, and regardless of your location. 

Contacting Us: If you have questions, you may contact us at: 1265 Laurel Tree Lane, Carlsbad #200, CA 92011.

Arbitration of Disputes 

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE ONLINE SERVICES (EACH, A “DISPUTE”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE, (A) 24 HOUR FITNESS AND YOU ARE EACH WAIVING THE RIGHT TO A COURT ACTION AND A TRIAL BY A JURY; (B) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (C) CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED; AND (D) YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (currently available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased), as amended by these SMS/Text Terms and Conditions. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these SMS/Text Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these SMS/Text Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these SMS/Text Terms and Conditions will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.

Last modified 9/14/2021 ( view archived versions )

1. Introduction

    1.1 Questions. This website is owned and operated by 24 Hour Fitness USA, LLC. If you have any questions or concerns about our Privacy Policy, feel free to email us at cpm@24hourfit.com, or contact us by mail at the following address:

• 24 Hour Fitness
• P.O. Box 2689
• Carlsbad, CA 92018

    1.2 Scope. This Privacy Policy applies only to information we collect through electronic or digital means, including our website located at www.24hourfitness.com, certain 24 Hour Fitness affiliated sites accessible through this website, such as our mobile website, mobile applications (including, without limitation, the 24GO mobile app), and other electronic and digital means of communication that we control and that contain a link to this Privacy Policy (collectively referred to in this Policy as our “Digital Properties”). Unless disclosed otherwise, our affiliated sites are governed by this Privacy Policy.

Our Digital Properties may contain links to third party sites or are hosted on platforms or devices that are not owned or controlled by 24 Hour Fitness. Please be aware that we are not responsible for the privacy or other practices of such other sites. We encourage you to be aware when you leave our Digital Properties and to read the privacy statements of each and every website that you visit. In addition, we are not responsible for the information practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app, social media platform, operating system, wireless service, or device developer, manufacturer, or provider.

    1.3 No Information From Children Under Age 13. If you are under the age of 13, please do not attempt to register at 24 Hour Fitness or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we might have any personal information from a child under the age of 13, please email us at cpm@24hourfit.com, or contact us by mail at the following address:

• 24 Hour Fitness
• P.O. Box 2689
• Carlsbad, CA 92018

    1.4 Terms of Use. Please note that your use of our Digital Properties is also subject to our Terms of Use, or other applicable End User License Agreements associated with such Digital Properties.

2. Information We Collect

    2.1 Information You Provide Us. You can provide information to us through various means using our Digital Properties. We collect both personal information, which is information that identifies you as an individual or relates to an identifiable individual, and non-personal information. The information we collect may include the following:

• Name
• Home address
• Home / mobile telephone number
• Email address
• Gender
• Height and weight
• Date of birth
• Credit, debit or other payment account number and related information and employment verification
• Social media account ID
• For corporate sponsored program participants: Name of Employer
• For health insurance related program participants: Insurance Information
• For school-related programs: name of School or Group

During the My24 online account creation process, you will select a user name and password. If you purchase any products or services through our Digital Properties, we or our payment processors collect your credit card or debit card number and related information, as applicable.

We collect information from you when you purchase a membership and other services from us, including when you use the 24GO mobile app to purchase a membership and/or access other services. If you sign up for a free day pass to our clubs, you will provide us with certain information, such as your name, email address, telephone number, and birthdate.

If you use certain of our mobile applications, we will collect information about any fitness devices that you choose to connect to the application, such as sensors and wearable devices, as well as the activity and other information collected through any such fitness devices. In addition, if you choose to add a third-party fitness data platform to the 24GO mobile application (such as Apple Health, Google Fit, or Fitbit), we will collect information from any such platform. Such information may include, for example, body measurements and activity types and data (e.g., steps, heart rate, distance, speed, sleep). You may revoke your consent to such sharing by accessing the settings for the relevant platform.

If you choose to connect your social media account to your Digital Properties account, certain personal information from your social media account will be shared with us, which may include personal information that is part of your profile or your friends’ profiles. You may revoke your consent to have the social media platform share information with us by changing your settings within such platform.

    2.2 Log Information We Collect from You Automatically. We collect certain information automatically as you use our Digital Properties, including your IP (Internet Protocol) address, browser type, computer type, type of mobile device (if used), the carrier for your mobile device, your computer operating system, the version of the Digital Properties that you access, the site from where you navigated to our Digital Properties, the time and date of using the Digital Properties, whether you are a repeat visitor, how long you use the Digital Properties and the pages that you view. We may derive your approximate location from your IP address.

    2.3 App Usage Data. When you download and use any of our mobile applications, we and our service providers may track and collect app usage data, such as the date and time the app on your device accesses our servers.

    2.4 Cookies. When you visit or use our Digital Properties, we send one or more “cookies” to your computer or other device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information.

You may opt-out of most cookies through available links on our site and as described in Section 4.2. You can also reset your browser to refuse or restrict most cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. Cookie based opt-outs must be performed on each device and browser that you wish to have opted-out. You must separately opt out in each browser on each device. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you based on your activities on the Digital Properties and on other websites. At this time, we do not respond to browser 'do not track' signals.

    2.5 Pixel Tags. We may use "pixel tags," which are small graphic files that allow us to monitor the use of our websites. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable email, we may use "format sensing" technology, which allows pixel tags to let us know whether you received and opened our email.

We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Digital Properties and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

    2.6 Physical Location.  We may collect the physical location of your device by, for example, using satellite, cell phone tower, or WiFi signals. We may use your device’s physical location to provide you with location-based services and content and to learn when you have checked into one of our clubs. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing service providers to enable them to provide you with more localized content and to study the effectiveness of advertising campaigns. You may be able to allow or deny such uses and/or sharing of your device’s location by changing your device’s location settings, but if you choose to deny such uses and/or sharing, we and our marketing service providers may not be able to provide you with the location-based services and content.

    2.7 Other Sources. We may receive information about you from other sources, such as public databases, commercially available sources, service providers, advisors and agents, advertising networks, data analytics providers, internet service providers, operating systems and platforms, social networks, employers, government entities and other third parties, including via referrals from other members or guests or in connection with purchases of any "Add-On" memberships that include you as a member.

    2.8 Aggregated Information. We may aggregate or deidentify personal information. Aggregated or deidentified information does not identify and is not associated with you or any other user of our Digital Properties.

    2.8 Verification Information. In connection with the COVID-19 pandemic, and in conjunction with federal, state and local requirements, 24 Hour Fitness may screen and collect certain information from members and guests, including verification of vaccinated status or a pre-entry negative test result, where permitted or required, as part of the club check-in process (“Verification Information”). Access to certain 24 Hour Fitness clubs is currently limited to individuals who can provide a verification of vaccinated status or a pre-entry negative test result. We will check your Verification Information when you check in, but we will not make a copy of the Verification Information, itself. If you prefer not to have 24 Hour Fitness indicate in our systems that you have provided your Verification Information, you will need to bring your Verification Information each time you visit a club.

Any Verification Information indications that we retain will be stored for a reasonable period of time, including as we determine necessary to comply with applicable law or to establish or defend our legal rights. Please note that options for providing Verification Information vary by jurisdiction based on federal, state and local requirements and may change from time to time.

3. How We Use Your Information

    3.1 To Provide Products, Services, and Information. As described above, we collect information from you so that we can provide products and services that you purchase or otherwise request using the Digital Properties and information that you request from us. For example, we use your personal information to:

• Set-up your membership
• Provide services and products to you
• Process payments for your membership and services, including credit card, debit card and bank account debit (ACH) transactions
• Contact you regarding your membership and services, and other administrative information
• Track member and guest use of our facilities
• Respond to your inquiries, comments, reviews and ratings

    3.2 Marketing Emails We may use your information to send you marketing communications that we believe may be of interest to you. You can always opt-out of receiving marketing emails by using the opt-out feature provided with the email communications.

    3.5 Our Business Purposes. We may use your information for our business purposes, such as data analysis, research, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving or modifying our Digital Properties, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.

    3.6 Other Purposes. We may use non-personal information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine non-personally identifiable information with personal information (such as associating your name with your employer if you are a participant in a corporate sponsored program), in which case we will treat the combined information as personal information as long as it is combined.

4. How We Share Your Information

    4.1 Our Third Party Service Providers. We may share your information with our third party service providers and agents who provide services such as website hosting, data analysis, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, text messaging, credit card or other payment processing, auditing and similar services.

    4.2 Advertising and Third Party Advertisers. We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use our Clubs, our Digital Properties and other websites and online services, based on information relating to your access to and use of our Digital Properties and other websites and online services on any of your devices, as well as on information received from you both online and offline and from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags), and they may also use the information to measure the effectiveness of ads. In addition, they may use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. We may share Digital Properties usage and other information with third party advertisers and partners for the purpose of effectively targeting our online advertisements unless you opt-out. Please note that California consumers can opt-out of the "sale" of their personal information under the California Consumer Privacy Act as described in Section 8. Important Additional Information for California Residents.

You can learn about these advertising practices at www.aboutads.info and opt out of them in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy by visiting the Digital Advertising Alliance’s (DAA) consumer opt-out page at http://optout.aboutads.info. You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps. You may also adjust your browser or mobile device settings to refuse or restrict cookies. However, some features or services may not function properly without cookies. Cookie based opt-outs must be performed on each device and browser that you wish to have opted-out. The DAA is a self-regulatory organization that provides educational content and opt-out tools to help Internet users learn about and exercise choice with respect to online interest-based advertising practices.

    4.3 Legal Requests or Requirements and to Prevent Harm. We reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process. We may also share personal information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to prevent harm to or protect the rights or property of, 24 Hour Fitness, the Digital Properties, our members or others. This may include sharing information with other companies, lawyers, courts, or other government entities.

    4.4 Sharing by You.If you post comments, information or other materials on our message boards, blogs, social media pages or other services, please note that any information you post or disclose through these services will become public information and may be available to users of the Digital Properties and to the general public. We urge you to be very careful when deciding to disclose your personal information, or any other information, on the Digital Properties. If you are a resident of California, under 18 and a registered user of the Digital Properties, you may ask us to remove content or information that you have posted to the Digital Properties by writing to cpm@24hourfit.com. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

In addition, we may share information about you and your fitness activities, progress and goals with your personal trainer, research organization or other individual or entity you designate, if you choose to permit such sharing.

    4.5 Sharing with Other Services. If you choose to connect our mobile application to a third-party fitness data platform (such as Apple Health, Google Fit, or Fitbit), we will share your information with such platform, which may have information practices that are different from ours. You may revoke your consent to such sharing by accessing the settings for the relevant platform. Similarly, if you elect to connect your social media account to your Digital Properties account, your personal information may be shared with your friends associated with your social media account and with your social media account provider (which may have different information practices from ours). You may change your preferences by accessing the social media platform’s settings.

    4.6 Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Digital Properties to a third party, we may transfer your personal information to the new owner.

    4.7 Other Sharing of Non-Personally Identifiable Information. We may share non-personally identifiable information with third parties for any purpose, except where we are required to do otherwise under applicable law.

5. Access to Your Information and Choices

You can access and update certain information we have relating to your online account by signing into your account and going to the member information area of our Digital Properties. If you have questions about personal information we have collected from you or need to update your information, you can email us at cpm@24hourfitcom, or contact us by mail at the following address:

• 24 Hour Fitness
• P.O. Box 2689
• Carlsbad, CA 92018

You can opt-out of receiving marketing emails from 24 Hour Fitness by accessing your membership information online at http://www.24hourfitness.com/MemberServices or by using the opt-out or unsubscribe feature contained in the e-mails. To opt-out of other means of marketing communications, including telephone, text or other electronic communications from 24 Hour Fitness, contact Member Services at 1-800-432-6348.

We will try to comply with your request(s) as soon as reasonably practicable. If you opt-out of receiving marketing-related messages from us, we may still send you administrative messages so that you continue to receive important information (for example, transactional messages relating to your membership, purchases and club information).

6. Security of Your Information

We seek to use industry standard physical, technical and administrative security measures designed to protect your personally identifiable information. However, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us in accordance with the “Questions” section above.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

7. Changes to Our Privacy Policy

If we decide to change our Privacy Policy, we will post those changes to the Privacy Policy on this page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on our Digital Properties. Your use of the Digital Properties following these changes means that you accept the revised Privacy Policy.

8. Important Additional Information for California Residents

This section of our Privacy Policy includes information for California residents, as required under California privacy laws, including the California Consumer Privacy Act ("CCPA"). California privacy laws require that we provide California residents information about how we use their personal information, whether collected online or offline (Please see our In-Club (Offline) Privacy Policy and worker and applicant policies for more information), and this section is intended to satisfy that requirement.

Under the CCPA, "personal information" is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.

California Residents’ Rights

California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Right to Opt-out. California residents have the right to opt-out of our sale of their personal information by clicking Do Not Sell My Personal Information, contacting us at via email at ccpadr@24hourfit.com or via (800) 432-6348 (toll free).

Right to Opt-In. We do not sell personal information about residents who we know are younger than 16 years old without opt-in consent.

Notice at Collection. We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used. Please see our In-Club (Offline) Privacy Policy and worker and applicant policies for more information.

Verifiable Requests to Delete, and Requests to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months:

Right of Deletion: California residents have the right to request deletion of their personal information that we have collected about them, subject to certain exemptions, and to have such personal information deleted, except where necessary for any of a list of exempt purposes.

Right to Know – Right to a Copy: California residents have the right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance.

Right to Know – Right to Information: California residents have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the:

• categories of personal information collected;
• categories of sources of personal information;
• business and/or commercial purposes for collecting and selling their personal information;
• categories of third parties/with whom we have disclosed or shared their personal information;
• categories of personal information that we have disclosed or shared with a third party for a business purpose;
• categories of personal information collected; and
• categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.

Submitting Requests. For those with a My24 account, log into your account on the 24 Hour Fitness website, go to the Personal Information page and click on the “California Privacy Rights” and follow instructions. Requests to exercise these rights may be submitted by clicking Do Not Sell My Personal Information, contacting us at via email at ccpadr@24hourfit.com or via (800) 432-6348 (toll free). We will respond to verifiable requests received from California consumers or authorized agents as required by law. When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requester. Authorized agents may initiate a request on behalf of a California individual (and we may confirm this request with the individual), and authorized agents will be required to provide proof of their authorization as permitted by applicable law.

Right to Non-Discrimination, and Incentives. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their personal information. We do not currently offer any financial incentive programs.

Categories of Personal Information. The table below identifies the categories of personal information (as defined by the CCPA) we have collected about consumers in the past 12 months.

Sources of Personal Information. We may collect information from the sources described in the Information We Collect section above.

Purposes and Categories. For more information about the business and commercial purposes for which we collect, use, disclose and/or sell personal information and the third parties with whom we may disclose or sell your personal information, please see the How We Use Your Information and How We Share Your Information sections above. Please note that under the CCPA, a “sale” includes disclosing or making available personal information to a third-party in exchange for monetary compensation or other benefits or value. Under this strict definition, when browsing information is available to third party ad companies (through third party tags on our sites) in order to improve and measure our ad campaigns and reach users with more relevant ads and content, we may “sell” certain categories of personal information including Usage Data and Identifiers to third party advertising networks and data analytics providers. Click Do Not Sell My Personal Information to opt out of the sale of your personal information.

Categories of Personal Information disclosed for a business purpose: Identifiers, Customer Records, Commercial information, Usage Data, Geolocation Data, Audio, Video and Electronic Data, Professional Information, Biometric Information and Inferences.

Categories of third parties to whom Personal Information has been disclosed for a business purpose include service providers, advisors and agents, advertising networks, data analytics providers, internet service providers, operating systems and platforms, social networks, employers, and government entities and law enforcement.

Contact Us. Please note that you can make many changes by logging into your account directly. If you have any questions about exercising your rights as a California resident, please contact us at via email at ccpadr@24hourfit.com or via (800) 432-6348 (toll free) and follow the instructions above.