Terms & Conditions

Parties and Scope

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Member," "Client," or "User") and Elevated Wellness Performance & Fitness ("EWPF," "we," "us," or "our"), located at 7903 S Loop E Fwy, Houston, TX 77012, and operating through its parent entity Elevated3 Holdings, LLC.

These Terms govern your access to and use of EWPF's physical facility, all fitness and wellness programs, clinical services, athletic development programs through the Transition Performance Institute (TPI), early childhood developmental programming through the Hippocampus Child Development Center (CDC), and any digital properties operated by EWPF including elevatedwellnesshtx.com.

If you are accessing EWPF services on behalf of a minor child, you represent and warrant that you are the child's parent or legal guardian and that you accept these Terms on the child's behalf as well as your own.

Membership Terms

Enrollment

Membership at EWPF is initiated upon completion of the applicable intake form and receipt of an executed membership agreement. All memberships are personal and non-transferable. EWPF reserves the right to deny or revoke membership at its sole discretion.

Membership Types

EWPF offers multiple membership tiers, including general fitness, wellness program access, TPI athlete programming, and clinical service enrollment. The rights, privileges, costs, and obligations associated with each tier are set forth in your individual membership agreement and incorporated herein by reference.

Membership Freeze

Members may request a membership freeze for qualifying medical or personal reasons. Freeze requests must be submitted in writing to membership@elevatedwellnesshtx.com at least five (5) business days prior to the requested freeze date. Freeze periods are subject to minimum and maximum durations as determined by EWPF staff and communicated at the time of request.

Termination by EWPF

EWPF may terminate any membership, with or without notice, for violation of these Terms, facility rules, Code of Conduct, or any conduct deemed by EWPF to be harmful to staff, other members, or the facility. In the event of termination for cause, no refund of prepaid membership fees will be issued.

Clinical and Medical Services

Scope of Clinical Services

EWPF's clinical verticals are operated in conjunction with licensed and credentialed healthcare professionals. These services include rTMS therapy, IV infusion and micronutrient therapy, hormone and metabolic optimization, and regenerative medicine procedures. Access to these services requires a separate clinical intake and evaluation by a qualified provider.

Not a Medical Practice

EWPF is a wellness and performance facility. Enrollment in any clinical program does not establish a physician-patient relationship with EWPF as an entity. Relationships with licensed clinical providers affiliated with or contracted by EWPF are governed by those providers' own consent and treatment agreements, which you will be required to execute separately.

HIPAA

Protected Health Information collected in connection with clinical services is handled pursuant to EWPF's Notice of Privacy Practices and applicable federal and state law, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA). See our Privacy Policy for a full description of our data practices.

No Guarantee of Outcomes

EWPF makes no representation, warranty, or guarantee regarding the efficacy, outcome, or results of any clinical program. Individual results will vary based on health status, adherence to program protocols, and other factors outside EWPF's control.

Transition Performance Institute (TPI)

The Transition Performance Institute is EWPF's athlete development division, designed to support current and transitioning athletes through performance science, brain health programming, cognitive and behavioral assessment, and longitudinal outcome tracking.

Program Enrollment

Enrollment in TPI programming requires completion of the TPI Athlete Intake form, consent to cognitive and behavioral assessment, and agreement to the TPI Program Agreement, which is incorporated herein by reference. TPI operates a separate data pipeline from general EWPF membership, and all TPI-related information is maintained under heightened access restrictions.

Data and Research

De-identified session outcome data, retention analytics, behavioral assessment results, and longitudinal follow-up data may be used by EWPF for internal program development, research reporting, and investor or partner presentations. No personally identifiable information will be shared without your express written consent. You may opt out of research use at any time by contacting tpi@elevatedwellnesshtx.com.

Corporate and Partner Contracts

TPI services may be delivered pursuant to corporate contracts between EWPF and third-party organizations. If your enrollment is sponsored or funded through a corporate arrangement, the terms of that arrangement are supplemental to, and do not supersede, these Terms.

Hippocampus Child Development Center

The Hippocampus Child Development Center (CDC) provides early childhood developmental programming for children. Use of CDC services is subject to the following additional terms.

Parental Consent and Authority

Enrollment of a minor child in any CDC program requires the execution of a separate CDC Enrollment Agreement by the child's parent or legal guardian. By enrolling a child, you represent that you have full legal authority to do so and that you accept all Terms on the child's behalf.

Emergency Medical Authorization

By enrolling a child in CDC programming, you authorize EWPF staff to seek emergency medical attention for your child in your absence if, in the sole judgment of EWPF staff, the child's condition requires immediate care. You agree to assume all costs associated with such emergency care.

Drop-Off and Supervision

Children enrolled in CDC programs are supervised by EWPF staff during program hours only. EWPF is not responsible for children before or after scheduled program times. Authorized pick-up individuals must be identified in writing at enrollment. EWPF will not release a child to any person not listed as authorized without a court order or verifiable emergency.

Child Safety Reporting

EWPF staff are mandatory reporters under Texas law. Any suspected abuse, neglect, or endangerment will be reported to the Texas Department of Family and Protective Services and, where applicable, to law enforcement.

Payment, Billing, and Cancellation

Payment Authorization

By enrolling in any EWPF program or membership, you authorize EWPF to charge your designated payment method for all applicable fees according to your selected billing cycle. It is your responsibility to keep payment information current. EWPF is not responsible for service interruption resulting from payment failure.

Late Fees and Declined Payments

Accounts with declined payments will be subject to a reprocessing attempt. If payment is not received within seven (7) calendar days of the due date, EWPF reserves the right to suspend access to services and assess an administrative fee as disclosed in your membership agreement. Continued non-payment may result in termination of membership and referral to a collections process.

Cancellation by Member

Members who wish to cancel must provide written notice to membership@elevatedwellnesshtx.com in accordance with the cancellation terms specified in their membership agreement. Cancellation notice periods, applicable fees, and refund eligibility vary by membership tier and are disclosed at the time of enrollment. All cancellations are subject to any outstanding balance owed to EWPF.

Refunds

Fees for services already rendered are non-refundable. Prepaid fees for future services may be eligible for a prorated refund at EWPF's discretion, except where prohibited by the specific terms of the service program. Clinical consultation fees are non-refundable once a consultation has been conducted.

Price Changes

EWPF reserves the right to adjust membership and program pricing with thirty (30) days written notice. Continued use of services after the effective date of a price change constitutes acceptance of the revised pricing.

Health, Safety, and Assumption of Risk

Health Representation

By participating in any fitness, athletic, or wellness program at EWPF, you represent that you are in adequate physical condition to engage in such activities and that you have disclosed any medical conditions, injuries, or limitations on your intake form. You are strongly encouraged to consult a licensed physician before beginning any exercise or clinical program.

Assumption of Risk

Physical fitness activities, athletic training, and certain clinical procedures inherently carry risk of injury, including but not limited to muscle strains, joint injuries, cardiovascular events, and adverse reactions to clinical therapies. By participating, you voluntarily assume all risks associated with such activities, whether or not those risks are foreseeable.

Emergency Procedures

EWPF maintains first aid supplies and staff trained in CPR and basic first aid. In the event of a medical emergency at the facility, call 9-1-1 immediately. EWPF's emergency procedures are posted at the facility and available upon request.

Waiver of Claims

To the fullest extent permitted by applicable law, you waive any and all claims against EWPF, Elevated3 Holdings, LLC, and their respective officers, directors, employees, contractors, and agents arising from participation in any program or use of the facility, except those arising from gross negligence or willful misconduct.

Conduct and Facility Rules

All members, guests, and visitors are expected to conduct themselves in a manner that is respectful to staff and other members and consistent with the mission and culture of EWPF. The following are prohibited at all EWPF facilities:

• Verbal abuse, harassment, or threatening behavior directed at staff, members, or guests
• Use or possession of unauthorized controlled substances on facility premises
• Recording or photographing other members without their express consent
• Misrepresentation of credentials, health status, or identity on intake documentation
• Unauthorized use of clinical or professional-grade equipment without staff supervision
• Any conduct that creates a risk of harm to other persons or to EWPF property

Violation of facility rules may result in immediate removal from the premises, suspension of membership, or permanent termination without refund.

Guests

Members are responsible for the conduct of any guest they bring onto EWPF premises. Guest access must be approved in advance and is subject to EWPF's guest policy as posted at the front desk.

Intellectual Property

All content appearing on elevatedwellnesshtx.com, including but not limited to text, branding, logos, program names, assessment instruments, photography, and design, is the exclusive property of EWPF or its licensors and is protected by applicable intellectual property law. The EWPF wordmark, Transition Performance Institute (TPI) mark, and Hippocampus Child Development Center (CDC) mark are proprietary identifiers of Elevated3 Holdings, LLC.

You may not reproduce, distribute, publicly display, modify, or create derivative works from any EWPF intellectual property without prior written authorization. Unauthorized use may result in legal action.

Limitation of Liability

To the maximum extent permitted by Texas law, EWPF's total liability to you for any claim arising under or related to these Terms, your membership, or use of the facility shall not exceed the total amount paid by you to EWPF in the three (3) months immediately preceding the event giving rise to the claim.

EWPF shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, personal property damage occurring outside of documented facility negligence, or claims arising from a force majeure event including but not limited to natural disaster, pandemic, governmental order, or utility failure.

Indemnification

You agree to indemnify, defend, and hold harmless EWPF, Elevated3 Holdings, LLC, and their respective officers, directors, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the facility or any EWPF service; (b) your violation of these Terms; (c) any misrepresentation made by you on any intake or enrollment document; or (d) any injury or harm caused by you to another person or to EWPF property.

Dispute Resolution and Governing Law

Governing Law

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Informal Resolution

Before initiating any formal legal action, you agree to contact EWPF in writing at info@elevatedwellnesshtx.com and provide a description of the dispute and your desired resolution. EWPF will respond within fifteen (15) business days. The parties agree to negotiate in good faith for a period of thirty (30) days before escalating to any formal process.

Arbitration

If informal resolution fails, any claim arising under these Terms shall be submitted to binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, or such other arbitral body as the parties mutually agree. Arbitration shall be conducted in Houston, Harris County, Texas. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

You agree that any arbitration shall be conducted solely on an individual basis and not as part of any class, collective, or representative action. You waive any right to bring or participate in a class action against EWPF.

Venue for Non-Arbitrable Claims

For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas.

Modifications to These Terms

EWPF reserves the right to modify these Terms at any time. Material changes will be communicated via email to the address on file with EWPF and by posting the updated Terms on this page with a revised effective date. Your continued use of EWPF services following the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must notify EWPF in writing and discontinue use of all services.

Contact

Questions, concerns, or written notices regarding these Terms should be directed to: