Effective Date: 07/17/2025
1. Acceptance of Terms
Welcome to the website of Rooks Performance LLC ("Rooks Performance," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website (the "Site"), including any content, functionality, and services offered on or through the Site, as well as your use of the Gymdesk member portal accessible through the Site. Rooks Performance LLC is a limited liability company organized under the laws of Oklahoma.
By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these provisions and our Privacy Policy, together with any other agreements between you and us, all of which are incorporated herein by reference. If you do not agree to these provisions or the Privacy Policy, you must not access or use the Site.
Age Requirement: You must be at least 15 years old to use this Site. If you are under 18 years old, you represent that you have your parent's or legal guardian's permission to use the Site and that they have agreed to these provisions on your behalf.
2. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these provisions at any time. We will indicate the date of the last revision at the top of this page. Your continued use of the Site after any such changes constitutes your acceptance of the new provisions. It is your responsibility to review these provisions periodically for updates.
3. Use of the Site
Permitted Use: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these provisions for any legitimate purpose, including but not limited to:
Learning about our athletic performance programs and services
Evaluating our offerings on behalf of yourself or others
Applying for membership through our application form
Accessing the member portal via Gymdesk if you are an authorized member
Communicating with us regarding membership or services
Conducting due diligence as a representative of an individual or entity
Any other lawful purpose
Prohibited Uses: You agree not to:
Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
Access or attempt to access another member's account or any portion of the Site for which you do not have authorization
Share login credentials or otherwise allow unauthorized access to member accounts
Engage in any conduct that could damage, disable, overburden, or impair the Site
Use any robot, spider, scraper, or other automated means to access the Site
Introduce any viruses, trojan horses, worms, or other malicious code
Circumvent any security features of the Site or member portal
Harass, intimidate, or threaten other members or staff
Post or transmit any content that is defamatory, obscene, or otherwise objectionable
Use the Site for any commercial purpose without our express written consent
Misrepresent your identity, age, or affiliation with any person or entity
4. Member Accounts and Portal Access
Account Registration: To access certain features of the Site, including the Gymdesk member portal, you must complete our membership application and be approved for membership. You agree to:
Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized use of your account
Parental Consent: Members under 18 years old must have parental or guardian consent to create an account and use our services. Parents/guardians are responsible for monitoring their minor's use of the Site and services.
5. Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, training programs, workout plans, and the design, selection, and arrangement thereof) are owned by Rooks Performance LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Rooks Performance name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Rooks Performance LLC. You must not use such marks without our prior written permission.
6. User Content
Content Standards: Any content you submit through the Site, including in member forums or community features if available, must comply with all applicable laws and these Terms. You represent and warrant that you own or have the necessary rights to any content you submit.
License Grant: By submitting content to the Site, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content for the purpose of operating and promoting our services.
7. Privacy and Data Protection
Your use of the Site is governed by our Privacy Policy. By using the Site, you consent to our collection, use, and sharing of your information as described in the Privacy Policy.
Health Information: You acknowledge that we may collect fitness and health-related information as part of our services. You consent to our use of this information to provide and improve our athletic training programs, subject to our Privacy Policy.
8. Physical Activity and Facility Use
Separate Waiver Required: Physical use of our gym facilities and participation in athletic training activities are subject to separate assumption of risk, waiver, and release agreements, together with such other membership or visitor-related agreements in connection with use of our facilities or property from time to time, that must be executed prior to facility use.
9. Third-Party Services
Third-Party Integrations: The Site integrates with third-party apps for functionality to provide services and accessibility to you, including without limitation member portals, application forms, communications, and other features or functions related to your use of the website. Your use of any third-party app features are subject to their terms and conditions in addition to these provisions.
Third-Party Links: The Site may contain links to third-party websites. We are not responsible for the content or practices of any third-party sites.
10. Disclaimer of Warranties
THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROOKS PERFORMANCE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
Your use or inability to use the Site or services
Any unauthorized access to or use of our servers or any personal information
Any interruption or cessation of transmission to or from the Site
Any bugs, viruses, or other harmful code transmitted through the Site
Any errors or omissions in any content
Personal injury or property damage resulting from your use of our services
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless Rooks Performance LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
Your violation of these Terms
Your use of the Site or services
Your violation of any rights of another party
Your violation of any applicable law
Any content you submit to or through the Site
13. Copyright and Publicity Rights Takedown Procedures
DMCA Copyright Policy: Rooks Performance LLC respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Site.
Copyright Infringement Notification: If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information:
A physical or electronic signature of the copyright owner or person authorized to act on their behalf
Identification of the copyrighted work claimed to have been infringed
Identification of the material claimed to be infringing and information sufficient to permit us to locate the material on the Site
Your contact information, including address, telephone number, and email address
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
Publicity Rights and Privacy Violations: Given the nature of our athletic facility, we take seriously any unauthorized use of an individual's name, image, likeness, or other aspects of their identity. To report violations of publicity rights or privacy:
Identify the specific content that uses your name, image, or likeness without authorization
Provide proof of your identity or authorization to act on behalf of the affected individual
Specify the location of the content on our Site
Include a statement explaining why the use is unauthorized
Provide your contact information for follow-up
Counter-Notification: If you believe that material you posted was wrongfully removed, you may submit a counter-notification containing:
Your physical or electronic signature
Identification of the material removed and its location before removal
A statement under penalty of perjury that you have a good faith belief that the material was removed by mistake or misidentification
Your name, address, telephone number, and email address
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Oklahoma if outside the United States)
A statement that you will accept service of process from the person who provided the original notification
Designated Agent: All notices regarding copyright infringement and publicity rights violations should be sent to:
Rooks Performance LLC
Attn: Legal Compliance / DMCA Agent
11550 Hunt Lane
Guthrie, Oklahoma 73044
Email: info@rooksperformance.com
Repeat Infringers: We reserve the right to terminate the accounts of users who are repeat infringers of intellectual property rights or publicity rights.
Good Faith Submissions: Any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed by mistake or misidentification, may be subject to liability.
14. Dispute Resolution
Governing Law: These provisions shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law provisions.
Informal Resolution: Before initiating any formal dispute resolution, you agree to contact us to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally for at least thirty (30) days before either party may initiate arbitration.
Binding Arbitration Agreement: Any dispute, claim, or controversy arising out of or relating to these provisions or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Site (collectively, "Disputes") shall be determined by binding arbitration in Oklahoma City, Oklahoma.
Arbitration Rules and Procedures:
The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Expedited Procedures of the Commercial Arbitration Rules then in effect
The arbitration shall be conducted before a single neutral arbitrator
The arbitrator shall be selected in accordance with AAA rules
The arbitration proceedings shall be confidential
The arbitrator's decision shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction
Arbitration Costs: Each party shall bear its own costs and attorneys' fees, except that the parties shall share equally the arbitrator's fees and the AAA administrative fees. However, the arbitrator may award costs and attorneys' fees to the prevailing party if permitted by applicable law.
Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.
Class Action Waiver: YOU AND ROOKS PERFORMANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Rooks Performance agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.
Severability of Arbitration Agreement: If the class action waiver is found to be unenforceable in any proceeding, then the entirety of this arbitration agreement shall be null and void. If any other provision of this arbitration agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
15. Termination
We may terminate or suspend your access to the Site and services immediately, without prior notice or liability, for any reason, including without limitation if you breach these provisions. Upon termination, your right to use the Site will cease immediately.
16. General Provisions
Entire Agreement: These provisions and our Privacy Policy constitute the entire agreement between you and Rooks Performance LLC regarding the Site.
Severability: If any provision of these Terms of Use is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these provisions without our prior written consent. We may assign our rights and obligations without restriction.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Rooks Performance LLC
11550 Hunt Lane
Guthrie, Oklahoma 73044
Email: info@rooksperformance.com