Terms of Service | GymPropel Gym Marketing

Last updated: September 25, 2026

These Terms of Service are the agreement between you and GymPropel LLC, trading as GymPropel ("GymPropel", "we", "us", "our"), covering your use of https://gympropel.com and any marketing services we provide to you.

By using our website, booking a call, or buying our services, you agree to these Terms. If you do not agree, please do not use the site or our services.

You must be at least 18 years old and authorised to enter into agreements on behalf of the gym or business you represent.

1. What We Do

GymPropel is a marketing agency for gym owners in North America, including CrossFit boxes, personal training studios, group fitness studios and general fitness gyms. Depending on what you sign up for, our services may include:

Paid advertising - building, launching and managing advertising campaigns on Meta platforms (Facebook and Instagram) and other channels we agree on
Custom websites and landing pages - built and hosted for you while you are a client, and yours to keep afterwards (see Section 7)
AI-driven lead follow-up - automated SMS, email and voicemail sequences that contact and qualify the leads your campaigns generate, and related automations such as missed-call text-back and review requests
One-on-one strategy support - calls and ongoing guidance on offers, pricing and sales process

The exact scope of your services, what we deliver, and what you pay is set out in the proposal, order form or onboarding agreement we agree with you. If anything in that document conflicts with these Terms, that document wins for your account.

2. Free Trial

We offer a free trial period of 30 days so you can see the work before you pay us anything.

The trial starts on the day we begin work on your account, not the day you book a call.
During the trial you pay GymPropel no management or service fee.
You still pay for your own advertising spend. Ad spend goes directly from your payment method to Meta or the relevant ad platform. It never passes through us, and it is not covered by the free trial. There is no minimum ad spend during the trial.
You also pay minimal text messaging (SMS) costs for the automated follow-up. These are not covered by the free trial.
The trial is limited to one per business. We may decline a trial or end it early if we believe it is being misused, or if the account is not a fit for our services.
If you do not cancel before the trial ends, your account moves onto the paid terms described below and billing begins.

3. No Contract and Cancellation

There is no long-term contract and no cancellation fee. You may cancel at any time.

To cancel, tell us by text, by phone or by email to [email protected], whichever is easiest for you. A cancellation is effective when we receive it.
No notice period is required.
Fees already paid for the current period are not refunded on a pro-rata basis unless we agree otherwise in writing, but you keep the service for the rest of the period you paid for.
When you cancel, we will pause your campaigns, stop the automated follow-up, and hand over what Section 7 says you are entitled to.
Cancelling with GymPropel does not cancel anything you pay third parties for directly, such as ad spend, domains or software subscriptions in your own name. You are responsible for cancelling those yourself.

4. What You Are Responsible For

Our work depends on you, so this section matters. You agree that:

Ad spend is yours

You pay for all advertising directly. Your own payment method is attached to your own ad account, and you are responsible for every charge on it, including charges incurred by campaigns we run on your behalf. Our fees are separate from and in addition to ad spend. We do not fund, front, refund or reimburse ad spend, and we are not responsible for charges you dispute with the ad platform.

Access

You will give us and keep in place the access we need to do the work: your Meta Business Manager, ad account, Facebook and Instagram pages, website, domain, analytics, and any other accounts we agree on. You confirm you have the authority to grant that access. If access is removed, delayed or restricted, we cannot deliver the service, and we are not responsible for the results during that time. We will use your accounts only to perform the services.

Your offers and your claims

You are responsible for what you sell and what you say about it. That includes your pricing, your offers, your guarantees, your trial terms, your membership agreements, and any claims about results, qualifications, certifications or health and fitness outcomes. You confirm that everything you ask us to advertise is truthful, substantiated, and legal where you operate. We may write or design the creative, but you review and approve it, and approval means you are satisfied it is accurate.

Honouring the leads

Leads are only worth what you do with them. You are responsible for contacting leads, showing up for booked appointments, honouring the offer that was advertised, and running your own sales process.

Your own compliance

When we set up automated SMS, email or voicemail follow-up on your behalf, those messages go out under your business name, from your messaging account, to people who contacted your gym. You are the sender. You are responsible for complying with the laws that apply to you, including the U.S. Telephone Consumer Protection Act, U.S. state telemarketing laws, CAN-SPAM, Canada's Anti-Spam Legislation, and carrier rules for 10DLC registration. You agree to keep consent language on your own lead forms, to honour STOP and unsubscribe requests, and not to ask us to message people who have not opted in. We will configure the automations to include opt-out handling, but we cannot police your list for you.

Content you give us

You confirm you own or have permission to use the photos, videos, logos, testimonials and member footage you send us, including permission from any person shown in them. You grant us a licence to use that material to produce and run your marketing for as long as you are a client.

Platform rules

Meta and other advertising platforms have their own terms and advertising policies. You agree to comply with them. Those platforms can reject ads, restrict accounts or ban advertisers at their own discretion. That is their decision, not ours, and we are not liable for it.

5. No Guarantee of Results

We will do the work carefully and to a professional standard. We cannot and do not guarantee specific results.

Nothing on our website, in our advertising, on a strategy call, in a case study, in a proposal, or in any conversation with us is a promise or guarantee of a particular number of leads, appointments, show-ups, members, sales, revenue, return on ad spend, cost per lead, or any other outcome. Examples and case studies show what some clients have achieved. They are not typical, they are not a prediction, and they are not a warranty.

Marketing results depend on many things outside our control, including your offer, your pricing, your location and market, your competition, your staff, how quickly you follow up on leads, how well you sell, how much you spend on ads, seasonality, and changes the advertising platforms make to their algorithms and policies.

You accept that advertising involves financial risk, that you may spend money on ads without earning it back, and that you are making your own business decision about how much to spend. Our services are provided "as is" and "as available", and to the fullest extent the law allows we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

6. Payment Terms

After the 30-day free trial, your monthly fee is the amount we agree with you on your call and confirm in writing before billing begins.
Fees are billed in advance and charged automatically to the payment method you give us. By giving us a payment method you authorise those recurring charges until you cancel.
All fees are exclusive of taxes. You are responsible for any sales tax, GST, HST, VAT or similar tax that applies.
Our fees do not include advertising spend, text messaging (SMS) costs, software licences, stock media, domain registration or anything else you buy in your own name. Those are yours to pay.
There are no late fees.
If a payment fails or is more than 10 days late, we may pause your services until it is resolved. We will email you first.
Except where the law requires otherwise, fees are non-refundable. The free trial is how you evaluate the service before paying.
If you dispute a charge, contact us first at [email protected] and we will try to sort it out. Filing a chargeback without contacting us is a breach of these Terms and we may suspend the account.
We may change our fees. We will give you at least 30 days' notice by email before a change affects you, and you may cancel before it takes effect.

7. Intellectual Property

What stays yours

Your brand, your logo, your trademarks, your business name, the photos and videos you supply, your customer and lead data, and your member lists remain yours. Nothing in these Terms transfers them to us.

Ad creative and marketing assets

Ad creative we produce specifically for you - the ad images, videos, copy and headlines used in your campaigns - becomes yours once it has been paid for. Once you have paid all outstanding fees, you own those finished assets and may keep using them after you cancel. Where full ownership cannot transfer, we grant you a perpetual, worldwide, royalty-free licence to use them for your own business.

Your website

Websites and landing pages we build for you are built on and hosted through our platform and our accounts, including GoHighLevel. While you are a client, you have full use of them. Your website is yours to keep when you leave. On cancellation, we will work out the handover with you. What that means in practice:

The content, copy and images that are yours remain yours, and on request we will export them for you.
Your domain stays yours, provided it is registered in your name. We will point it wherever you ask.
Our own templates, funnel structures and automations remain ours. How the site itself is handed over, for example moved to hosting in your name, is something we agree with you when you cancel.
Ask us about the handover, or for an export, before you cancel. We will make a reasonable effort to provide your content and your contact data for 30 days after cancellation, after which we may delete the account.

What stays ours

Our name, logo, website, methods, systems, templates, funnel structures, automation workflows, prompts, training material, strategy documents and processes are our intellectual property. You may use them for your own business while you are a client. You may not resell, sublicense, republish or offer them as your own service to other gyms or agencies.

Use of your name

Unless you tell us in writing not to, we may identify you as a client and use your business name, logo and anonymised results in our own marketing, portfolio and case studies. Email [email protected] to opt out and we will remove you from future material.

8. Confidentiality

Each of us may learn non-public information about the other - your revenue figures, pricing and member numbers; our pricing, methods and systems. Both of us agree to keep that information confidential, to use it only for the purpose of working together, and to keep doing so for two years after the relationship ends. This does not apply to information that is already public, that you or we already knew, or that the law requires us to disclose.

9. Acceptable Use of the Website

You agree not to use our website to break the law, to submit false information or someone else's contact details, to scrape or harvest data from it, to interfere with its operation, to attempt to gain unauthorised access, or to copy our content for a competing service. We may block access to anyone who does.

10. Third-Party Services

Our services rely on third parties, including Meta, Google, GoHighLevel, and our hosting and messaging providers. Those services have their own terms, they can change their features, pricing or policies at any time, and they can go down. We are not responsible for their acts, omissions, outages, policy changes, account restrictions or price increases, and any interruption caused by them is not a breach of these Terms by us. Our website may also link to sites we do not control; we are not responsible for their content or their privacy practices.

11. Suspension and Termination

You can cancel at any time as set out in Section 3.

We may suspend or terminate your account, with notice where practical, if you do not pay, if you breach these Terms, if you ask us to do something illegal, deceptive or against platform policy, if your conduct towards our team is abusive, or if we decide we are no longer a good fit for your business. We may also stop offering a service or shut down entirely, in which case we will give you reasonable notice and refund any fee you have prepaid for service you have not received.

On termination for any reason: your right to use our services ends, your campaigns and automations are switched off, websites we host are handed over or taken down as described in Section 7, any fees you already owe stay owed, and the sections of these Terms that by their nature should survive - intellectual property, confidentiality, payment obligations, disclaimers, limitation of liability, indemnity and dispute resolution - continue to apply.

12. Limitation of Liability

To the fullest extent permitted by law:

Neither party is liable to the other for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost members, lost business opportunity, lost data or business interruption, even if warned that such damages were possible.
Our total liability to you for all claims arising out of or relating to these Terms or our services is limited to the total fees you actually paid GymPropel in the one month immediately before the event giving rise to the claim.
For clarity, our liability does not extend to advertising spend. Money you spend with Meta, Google or any other platform is not a fee paid to GymPropel and is not recoverable from us.
We are not liable for results you did not achieve, for decisions made by advertising platforms about your account, or for losses caused by your own delay, your own claims, or your failure to follow up on leads.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is the case, these exclusions and limits apply to the greatest extent the law allows, and nothing here limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or anything else that cannot legally be limited.

13. Indemnity

You agree to defend and indemnify GymPropel against claims, damages, fines and reasonable legal costs arising from: the offers, claims or content you asked us to advertise; your breach of platform rules or of these Terms; your handling of leads and member data; and any claim that your marketing messages, lead lists or consent practices violated telemarketing, anti-spam or privacy law. We will tell you promptly about any such claim and let you control the defence, and we will cooperate with you at your expense.

14. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to its conflict of law rules. Depending on where you are, other local, state, provincial, national or international laws may also apply to you.

15. Resolving Disputes

Talk to us first

If you have a problem, email [email protected] and describe it. Most things are solved in a phone call. Both of us agree to try in good faith to resolve any dispute informally for at least 30 days before starting a formal proceeding.

Courts

If we cannot resolve it informally, any dispute arising out of or relating to these Terms or our services will be brought in the courts of the Province of Ontario, and both of us consent to the jurisdiction of those courts.

No class actions

Disputes will be brought only in an individual capacity. Neither of us may bring a claim as a plaintiff or class member in a class, collective or representative action,.

Exceptions

Either of us may bring a claim in small claims court if it qualifies, and either of us may ask a court for an injunction to protect intellectual property or confidential information.

If you are a consumer resident in the European Union, you keep the benefit of any mandatory provisions of the law of the country where you live, and nothing in this section removes rights you cannot waive under that law.

16. General

Entire agreement

These Terms, together with your proposal or order form and our Privacy Policy, are the whole agreement between us about our services, and they replace anything said or written before.

Changes to these Terms

We may update these Terms. If a change is significant, we will give at least 30 days' notice by email or by a clear notice on the website before it takes effect. Continuing to use our services after that means you accept the new Terms. If you do not accept them, cancel before they take effect.

Severability

If any part of these Terms is found unenforceable, that part is limited or removed to the minimum extent necessary and the rest stays in force.

Waiver

If we do not enforce a right straight away, that does not mean we have given it up. We can still enforce it later.

Assignment

You may not transfer your rights under these Terms without our written consent. We may assign these Terms to a successor if our business is sold or merged.

Independent contractors

We are an independent contractor. Nothing here creates a partnership, joint venture, employment or agency relationship between us, and neither of us can bind the other.

Force majeure

Neither party is responsible for failing to perform because of events beyond its reasonable control, including platform outages, internet failures, natural disasters, war, or government action.

Language

If these Terms are translated, the English version prevails in the event of a dispute.

17. Contact Us

Questions about these Terms:

Email: [email protected]
Phone: (613) 797-9368
Website: https://gympropel.com