Terms of service
August 01, 2026
These Terms and Conditions (“Terms”) govern access to and use of the Capability in Motion website, client and family portals, trainer and community portals, applications, communications, assessments, fitness services, scheduling, reports, progress tracking, artificial-intelligence and automated features, payment services, educational resources, and related products and services (collectively, the “Services”).
Capability in Motion is operated by Capability in Motion, an Illinois Limited Liability Corporation (“Capability in Motion,” “CIM,” “we,” “us,” or “our”).
By accessing our website, creating an account, accepting these Terms electronically, purchasing or scheduling Services, participating in a fitness assessment or training session, or using any Capability in Motion portal or other Service, you acknowledge that you have read, understood, and agree to these Terms.
Additional agreements or consents may apply to particular Services, including a Fitness Participation and Assumption of Risk Agreement, Privacy Policy, family-access authorization, photograph authorization, medical-clearance form, payment authorization, facility agreement, trainer agreement, or other written agreement.
ILLINOIS CONSUMER NOTICE: Certain Capability in Motion personal-training agreements may be governed by the Illinois Physical Fitness Services Act and the Illinois Automatic Contract Renewal Act. Mandatory Illinois consumer rights, including applicable cancellation and refund rights, are not waived by these Terms.
If a specific signed agreement conflicts with these general Terms concerning the subject specifically addressed by that agreement, the more specific agreement will control to the extent of the conflict.
1. WHAT CAPABILITY IN MOTION PROVIDESCapability in Motion provides personal fitness training and related non-medical fitness and administrative services, with an emphasis on older adults.
Fitness Services may address areas such as strength, balance, mobility, flexibility, endurance, coordination, physical conditioning, confidence with movement, maintenance of physical capabilities, everyday functional movement, fitness after discharge from physical therapy or other rehabilitation, exercise adapted for individuals living with certain neurological, cognitive, age-related, or other conditions, and general support for maintaining an active lifestyle.
Services may be delivered in a client's home, at a senior living community, at a participating or partner fitness facility, virtually, at another agreed-upon location, or through our online technology and communications systems.
Capability in Motion may also provide technology and administrative functions such as scheduling, fitness reporting, progress tracking, family access, communication, billing, document management, automated alerts, artificial-intelligence-assisted tools, and care-coordination features.
2. CAPABILITY IN MOTION IS NOT A HEALTHCARE PROVIDERCapability in Motion is a fitness service. Capability in Motion is not a medical practice, hospital, physician practice, physical therapy practice, occupational therapy practice, rehabilitation facility, home health agency, nursing service, pharmacy, mental-health practice, emergency medical service, or other healthcare provider.
The Services are not intended to diagnose, treat, cure, rehabilitate, prescribe for, or medically monitor any disease, injury, disability, cognitive condition, neurological condition, or other health condition.
3. TRAINERS ACT AS FITNESS PROFESSIONALS, NOT MEDICAL PROFESSIONALSCapability in Motion trainers provide Services solely in their capacity as fitness professionals.
When providing Capability in Motion Services, trainers are not acting as your physician, nurse, nurse practitioner, physician assistant, physical therapist, occupational therapist, speech therapist, psychologist, mental-health professional, registered dietitian, pharmacist, emergency medical professional, or other licensed healthcare provider.
A trainer may individually possess education, certifications, experience, or even separate professional credentials beyond those required by Capability in Motion. Those qualifications do not convert Capability in Motion fitness Services into healthcare services.
Unless a professional is separately engaged outside Capability in Motion under a separate healthcare relationship, that person is acting only within the fitness role assigned by Capability in Motion.
4. NO MEDICAL ADVICE OR MEDICAL OPINIONSCapability in Motion and its trainers do not provide medical advice through the Services. This limitation applies to information communicated during an assessment, during a training session, after a session, in a trainer report, in progress information, through a client or family portal, through an automated alert, by email, by text, through electronic messaging, by telephone, through artificial intelligence, through educational resources, or through our website.
Nothing communicated through the Services should be interpreted as a diagnosis, medical opinion, treatment recommendation, prescription, medical clearance, prognosis, or substitute for advice from an appropriately licensed healthcare professional.
If you have a medical question, consult an appropriately licensed healthcare professional. Do not delay or disregard professional medical care because of information obtained through Capability in Motion.
5. SOURCES OF INFORMATIONInformation appearing in Capability in Motion records, reports, dashboards, alerts, communications, and other Services may originate from different sources.
Client-reported information means information provided by the client.
Authorized third-party information means information provided by a family member, caregiver, authorized representative, healthcare professional, senior living community, or other authorized source.
Trainer observations are personal, non-clinical observations made by a fitness trainer during the course of providing fitness Services.
Objective fitness information includes information such as repetitions, exercise resistance, walking duration, walking distance, attendance, balance duration, assistance required, or other measurements collected for fitness purposes.
Automated or AI-assisted information means information organized, summarized, classified, suggested, or generated using software, algorithms, or artificial-intelligence systems.
Unless expressly stated otherwise, Capability in Motion does not independently medically verify information supplied by clients or third parties.
6. CLIENT-REPORTED HEALTH AND FITNESS INFORMATIONClients and authorized persons may provide information concerning diagnoses, medical history, medications, medication changes, allergies, pain, fatigue, falls, near-falls, dizziness, weakness, sleep, surgery, hospitalization, injuries, physician instructions, therapy instructions, mobility limitations, neurological conditions, cognitive conditions, symptoms, mood, perceived mental clarity, activity limitations, and other information relevant to fitness participation.
When Capability in Motion records “Client reports knee pain,” that means the client or an authorized source reported knee pain. It does not mean Capability in Motion diagnosed, confirmed, evaluated, or determined the medical cause of the pain.
When Capability in Motion records “Client reports medication change,” Capability in Motion has not necessarily verified the medication, dosage, frequency, prescribing professional, medical appropriateness, interaction, or reason for the medication.
Clients and authorized representatives are responsible for providing accurate and current information.
7. TRAINER OBSERVATIONS ARE NON-CLINICALTrainers may document personal observations such as that a client appeared tired, required additional cueing, appeared less steady, completed more or fewer repetitions, needed additional assistance, appeared distracted, participated enthusiastically, declined an activity, reported discomfort, appeared more or less confident performing a particular movement, or performed an exercise differently than during an earlier session.
Such statements represent the trainer's personal, non-clinical observations in the context of fitness training. They are not medical findings, diagnoses, clinical assessments, nursing assessments, physical therapy evaluations, cognitive evaluations, or healthcare opinions.
Different trainers may reasonably make different subjective observations.
8. FITNESS MEASUREMENTS AND PROGRESS INFORMATIONCapability in Motion may record fitness and functional information such as repetitions, chair stands, exercise resistance, walking duration, walking distance, balance duration, movement during an exercise, assistance required, cueing required, session attendance, exercise completion, perceived exertion, and other fitness-related measures.
These measures are intended to help trainers understand fitness participation and program progression. They are not clinical diagnostic tests and should not be interpreted as medical fall-risk assessments, physical therapy evaluations, cognitive assessments, activities-of-daily-living assessments, medical mobility assessments, neurological evaluations, or predictions of future medical outcomes.
Performance may vary for many reasons from one session to another.
9. SUBJECTIVE RATINGS AND DESCRIPTIONSCertain features may permit clients, trainers, or authorized users to record subjective information such as perceived pain, fatigue, energy, confidence, engagement, mood, or similar information.
Unless specifically identified as a standardized clinical instrument administered by an appropriately qualified healthcare professional—which Capability in Motion ordinarily does not provide—such ratings are informal fitness-related information only and should not be interpreted as clinical measurements.
10. ARTIFICIAL INTELLIGENCE AND AUTOMATED FEATURESCapability in Motion uses or may use artificial intelligence (“AI”), algorithms, automated analysis, and other software tools to assist authorized users with aspects of the Services.
AI-assisted features may include organizing client-provided information, structuring intake information, suggesting possible data-entry completions, preparing draft fitness programs, suggesting exercise alternatives, providing exercise coaching information to trainers, identifying information that may warrant trainer review before exercise, summarizing fitness progress, identifying trends in recorded fitness information, drafting session summaries, assisting with care or fitness alerts, organizing reported health changes, assisting with educational materials, assisting with website content, assisting with administrative functions, and other support functions.
AI is a support tool. It is not a healthcare provider.
11. AI DOES NOT PROVIDE MEDICAL JUDGMENTNo AI feature offered through Capability in Motion is intended to independently provide medical diagnosis, medical advice, medical treatment, medical clearance, medication recommendations, medication changes, physical therapy, occupational therapy, neurological rehabilitation, cognitive assessment, clinical fall-risk assessment, prognosis, or emergency medical decision-making.
An AI-generated statement that something may warrant modification, review, postponement, additional information, or medical clearance is a fitness-safety support signal, not a medical determination.
12. AI OUTPUT MAY BE INCORRECTArtificial-intelligence systems can produce incomplete information, inaccurate information, inappropriate recommendations, incorrect classifications, unexpected outputs, misleading summaries, or information that is unsuitable for a particular individual.
Capability in Motion does not represent that AI-generated output is independently accurate merely because it was generated by an automated system.
Authorized trainers and personnel are expected to exercise independent fitness judgment and to modify, reject, or disregard AI-generated content when appropriate.
Clients should not independently rely on AI-generated Capability in Motion content to make medical decisions.
13. AI-ASSISTED FITNESS PROGRAMMINGCapability in Motion may use AI to help a trainer prepare a draft fitness program. Depending on available information, the system may consider factors such as age, stated fitness goals, mobility level, mobility aids, reported medical conditions, reported medications, reported surgeries, reported hospitalizations, reported falls, physical limitations, medical clearance information, previous exercises, recent session information, fitness progress, and trainer notes.
The resulting program is a draft fitness-planning aid. It does not constitute a medical treatment plan.
The trainer remains responsible for determining what fitness activities to actually perform during a session and may modify, omit, substitute, postpone, or discontinue any suggested activity.
14. AUTOMATED FITNESS-SAFETY REVIEWCapability in Motion may use automated tools to identify information in a client's record that may warrant additional trainer attention before or during exercise.
For example, an automated system may identify a recently reported fall, a reported medication change, a recent hospitalization, a new limitation, reported dizziness, reported pain, changes in recorded fitness performance, or other information relevant to exercise planning.
The system may suggest that a trainer monitor an issue, modify an activity, review additional information, postpone a particular activity, or seek additional confirmation or medical clearance.
These classifications are not medical contraindication determinations. They are fitness decision-support tools intended to bring information to a trainer's attention.
15. AI-ASSISTED EXERCISE INFORMATIONCapability in Motion may provide trainers with AI-assisted information concerning an exercise, including setup, instructions, coaching cues, safety considerations, regressions, progressions, and alternative versions.
This information assists the trainer and is not individualized medical advice. The trainer remains responsible for deciding whether and how to use an exercise.
16. AI-ASSISTED HEALTH INFORMATION ENTRYCapability in Motion may use AI to help organize information entered by a client or authorized user. For example, AI may help organize free-text descriptions, standardize the name of a reported condition, identify a likely medication name from partial text, structure surgery information, or organize other intake information.
AI assistance does not verify that the underlying information is medically accurate. The person entering the information remains responsible for confirming that the final information accurately reflects what the client or authorized source actually provided.
17. MEDICATION AUTOCOMPLETE AND REFERENCE INFORMATIONCertain data-entry tools may suggest medication names, common dosage strengths, common frequencies, or common reasons a medication is prescribed. These suggestions exist only to assist data entry and are not medication advice.
A suggested dose, frequency, indication, or medication name must never be interpreted as information about what a particular client actually takes unless that information is independently supplied or confirmed by an appropriate source.
Capability in Motion does not prescribe, administer, recommend, select, modify, or supervise medication.
18. AI-ASSISTED SESSION REPORTSCapability in Motion may use AI to help convert trainer notes into a clearer draft session summary. The underlying information may include exercises performed, trainer notes, fitness measurements, client-reported information, and general observations.
AI-generated session summaries are drafts. Where the applicable workflow requires trainer review, the trainer is responsible for reviewing and approving the final report before it is submitted.
A session report remains a fitness report and does not become a medical record merely because it contains information relevant to a client's health.
19. AI-ASSISTED PROGRESS SUMMARIESCapability in Motion may use automated analysis to summarize changes or trends across fitness sessions. For example, a system may describe a recorded fitness measure as improving, declining, remaining generally stable, or varying across sessions.
Such summaries are based on the information available to the system and are intended for fitness purposes.
A trend identified by Capability in Motion does not establish that a client's underlying health or medical condition has improved, worsened, or remained stable.
20. AUTOMATED ALERTS AND CARE-RELATED NOTIFICATIONSCapability in Motion may generate alerts when certain information is entered or detected. Alerts may concern a reported fall, a reported medication change, a new condition, a reported hospitalization, a movement limitation, an unusual fitness trend, or other information relevant to fitness participation.
An alert may be delivered to an authorized trainer, client, family member, staff member, facility representative, or other authorized recipient depending on permissions and configuration.
These alerts are not emergency medical monitoring. They do not guarantee that a health problem will be identified, do not guarantee immediate human review, and should not be relied upon to obtain emergency assistance.
21. AI AND THIRD-PARTY TECHNOLOGY PROVIDERSCertain AI-assisted features may require information to be processed by third-party technology providers acting on behalf of or providing services to Capability in Motion.
Depending on the feature, information processed may include fitness information, client-provided health information, medications, mobility information, fall history, session information, trainer notes, limitations, goals, and other information relevant to the requested function.
Our Privacy Policy provides additional information concerning how information is processed and shared with technology service providers.
Use of AI-assisted functions is subject to our privacy, security, authorization, and access-control practices.
22. HUMAN REVIEWAI is intended to support, not replace, human involvement.
Where a feature is designed to produce a draft for trainer review, the trainer or other authorized person is responsible for reviewing the output before relying upon it.
Capability in Motion may also use deterministic rules, manually entered information, or other non-AI systems alongside AI-generated output.
No user should assume that an output was created solely by a person or solely by AI unless expressly stated.
23. POST-REHABILITATION FITNESSCapability in Motion may provide fitness Services after a client has received physical therapy, occupational therapy, cardiac rehabilitation, neurological rehabilitation, hospitalization, surgery, or other healthcare services.
Capability in Motion does not provide rehabilitation.
Terms such as “post-rehab,” “after PT,” “post-rehabilitation fitness,” “recovery fitness,” or similar language describe the context or timing of fitness Services and do not mean Capability in Motion is providing licensed rehabilitation services.
24. COMMUNICATION WITH HEALTHCARE PROFESSIONALSWith appropriate authorization, Capability in Motion may receive information from or provide fitness-related information to a client's physician, physical therapist, occupational therapist, other healthcare professional, or authorized care provider.
Information may include exercise precautions, activity restrictions, discharge instructions, reported health changes, attendance, fitness measurements, trainer observations, and session reports.
Communication with a healthcare professional does not convert Capability in Motion into a healthcare provider. Healthcare professionals remain responsible for their own professional judgment.
25. MEDICAL CLEARANCECapability in Motion may require medical clearance or additional information before beginning or continuing exercise. Circumstances may include recent hospitalization, surgery, injury, significant symptoms, new restrictions, falls, changes in health status, or other information that raises fitness-safety concerns.
Capability in Motion may postpone or decline fitness activity pending additional information.
A request for medical clearance does not mean Capability in Motion has diagnosed a condition. Likewise, Capability in Motion's decision not to request medical clearance is not a medical determination that exercise is safe.
26. CLIENT RESPONSIBILITY TO DISCLOSE CHANGESClients and authorized representatives are responsible for promptly informing Capability in Motion about information reasonably relevant to safe exercise participation, including hospitalization, surgery, falls, injury, new diagnosis, new physician restriction, new therapy restriction, medication changes relevant to exercise, dizziness, fainting, chest discomfort, unusual shortness of breath, significant pain, significant balance changes, and other meaningful changes.
Capability in Motion is entitled to rely on information provided by the client and authorized sources.
27. BLOOD PRESSURE AND LIMITED FITNESS-SAFETY MEASURESWhere appropriate to an established fitness plan or safety procedure, a trainer may record limited information such as blood pressure, pulse, or other readily observable measures.
These measurements are used solely to assist with fitness participation decisions. Recording such information does not constitute medical monitoring, diagnosis, treatment, or clinical interpretation.
Capability in Motion does not replace medical monitoring prescribed by a healthcare professional.
28. RISKS OF PHYSICAL ACTIVITYPhysical activity carries inherent risks. These may include muscle soreness, strains, sprains, falls, bruising, fractures, aggravation of an existing condition, dizziness, fainting, abnormal blood-pressure response, cardiovascular events, fatigue, loss of balance, injury involving exercise equipment, injury involving the environment, and in rare circumstances, serious injury or death.
Risk may be greater for older adults and persons with existing health conditions.
By voluntarily participating in fitness Services, you acknowledge the inherent risks of physical activity.
Nothing in these Terms waives a right or remedy that cannot lawfully be waived.
29. CLIENT RIGHT TO STOPA client may stop an exercise or session at any time. Clients should promptly tell their trainer if they experience concerning symptoms.
A trainer may also stop, postpone, or modify an activity when the trainer believes continuing is not appropriate within the scope of fitness Services.
A trainer's decision to stop exercise is a fitness-safety decision and not a medical diagnosis.
30. EMERGENCIESCapability in Motion is not an emergency medical service and does not continuously monitor clients.
If a trainer reasonably believes a medical emergency may be occurring, the trainer may contact 911 or other emergency services.
Clients and authorized users must not rely on portal messages, care alerts, email, text, AI alerts, automated notifications, or telephone messages for emergency assistance.
If you believe a medical emergency is occurring, contact emergency services immediately.
31. FALLS AND NEAR-FALLSCapability in Motion may document reported or observed falls and near-falls for fitness and safety purposes.
A fall report is not a medical incident report, a clinical fall-risk assessment, a diagnosis, or a determination of why a fall occurred.
Capability in Motion does not guarantee that fitness training will prevent falls.
32. COGNITIVE AND MEMORY-RELATED CONDITIONSCapability in Motion may provide adapted fitness Services for persons living with memory impairment, dementia, mild cognitive impairment, or other cognitive conditions when appropriate.
Trainers do not diagnose cognitive conditions or provide clinical cognitive assessment.
Descriptions such as “required additional cueing,” “appeared distracted,” “needed instructions repeated,” or “appeared more engaged” are personal, non-clinical trainer observations unless expressly identified otherwise.
They do not establish improvement or deterioration of a cognitive or neurological condition.
33. NEUROLOGICAL CONDITIONSCapability in Motion may adapt fitness Services for individuals living with Parkinson's disease, multiple sclerosis, prior stroke, neuropathy, or other neurological conditions.
These Services are fitness Services, not neurological treatment or rehabilitation.
Any exercise adaptation is made within the trainer's fitness role.
34. NUTRITION AND HYDRATIONCapability in Motion does not ordinarily provide medical nutrition therapy.
Trainers may discuss general fitness-related concepts concerning hydration or healthy eating.
Comments about hydration are not clinical assessments of hydration status.
Clients with prescribed dietary or fluid restrictions should follow instructions from their healthcare professionals.
35. MEDICATIONSCapability in Motion does not prescribe medication, administer medication, dispense medication, change medication, recommend prescription medication, determine medication interactions, or determine whether medication is medically appropriate.
Trainers may ask whether medications have changed because reported changes may be relevant to fitness participation.
Medical questions about medication should be directed to a qualified healthcare professional.
36. FAMILY AND AUTHORIZED REPRESENTATIVE ACCESSA client may authorize family members or other persons to access selected information.
Depending on authorization and system configuration, access may include scheduling, visit status, session reports, progress information, photographs, reported falls, reported changes, trainer observations, alerts, and messages.
The client retains control over authorization except where another person has lawful authority to act on the client's behalf.
Authorized users must protect the confidentiality of information available through their accounts.
37. FAMILY INFORMATION IS NOT MEDICAL MONITORINGFamily portals and notifications are designed to improve visibility into fitness Services.
They are not remote patient monitoring, continuous health monitoring, medical surveillance, emergency monitoring, or a substitute for communication with healthcare professionals.
A family member should not assume that the absence of an alert means that no health or safety issue exists.
38. PHOTOGRAPHSCapability in Motion may offer optional photography in connection with fitness sessions and reports.
Photography is subject to applicable consent.
Declining optional photographs does not disqualify a client from fitness Services.
Separate authorization may be required before photographs or identifying information are used for advertising, testimonials, case studies, social media, website marketing, or other promotional purposes.
39. CLIENT, FAMILY, TRAINER, COMMUNITY, AND ADMINISTRATIVE PORTALSCapability in Motion operates role-based technology systems for different authorized users.
Depending on role, users may have access to features concerning schedules, clients, fitness plans, session reports, progress, communications, documents, billing, facility programs, trainer assignments, administrative functions, and other Services.
Access rights differ by role. Possession of an account does not authorize access to information outside the permissions assigned to that account.
40. ACCOUNT SECURITYUsers are responsible for protecting login credentials, using accounts only as authorized, providing accurate account information, promptly reporting suspected unauthorized access, and not sharing credentials inappropriately.
Users may not attempt to access another person's information without authorization.
Capability in Motion may suspend access when misuse or security risk is suspected.
41. ELECTRONIC COMMUNICATIONSCapability in Motion may communicate concerning appointments, cancellations, reports, alerts, account activity, billing, documents, family access, trainer communications, and other operational matters.
Electronic communications may be delayed, interrupted, misdirected, or unavailable. They must not be relied upon for emergencies.
Marketing communications are subject to applicable law and available opt-out rights.
42. SENIOR LIVING COMMUNITIESCapability in Motion may provide individual or group fitness Services in independent living, assisted living, memory-care communities, and other senior living settings.
Facilities are independently operated unless expressly stated otherwise.
Capability in Motion may coordinate scheduling, participation, billing, reporting, or other administrative functions with an authorized facility representative.
Access to individual client information remains subject to applicable authorization, permissions, agreements, and law.
43. COMMUNITY AND FACILITY REPORTINGFacility or community portals may provide operational or fitness-related information concerning participating residents.
Availability of information depends on authorization and assigned permissions.
Facility reporting does not convert Capability in Motion into a healthcare provider and does not constitute clinical documentation.
44. PARTNER AND THIRD-PARTY FITNESS LOCATIONSCapability in Motion may provide Services at participating or partner fitness facilities.
Unless expressly identified as owned by Capability in Motion, such facilities are independent businesses.
Capability in Motion does not necessarily own, operate, manage, or control the premises, equipment, employees, accessibility, hours, policies, or general operations of an independent facility.
Clients may be subject to the facility's separate rules and requirements.
45. HOME TRAINING ENVIRONMENTFor Services provided in a residence or other client-selected location, the client or responsible party agrees to provide a reasonably safe environment.
Potential hazards include loose rugs, clutter, wet surfaces, poor lighting, unstable furniture, pets, damaged stairs, missing or unstable railings, unsafe equipment, and other environmental conditions.
A trainer may decline to conduct an activity or session when the environment is not reasonably appropriate.
46. EXERCISE EQUIPMENTServices may involve client-owned equipment, trainer-provided equipment, facility-owned equipment, or ordinary household items used appropriately for fitness activities.
Capability in Motion may decline to use equipment that appears damaged, inappropriate, unstable, or unsafe.
47. TRAINERS AND SERVICE PROVIDERSCapability in Motion may provide Services through employees, independent contractors, or other authorized service providers, as permitted by applicable law and the applicable arrangement.
Trainers are expected to comply with Capability in Motion requirements concerning matters such as professional conduct, credentialing, fitness documentation, client privacy, safety procedures, and use of Capability in Motion systems.
A trainer's personal opinions outside authorized Capability in Motion Services do not necessarily represent Capability in Motion.
48. TRAINER AVAILABILITY AND ASSIGNMENTCapability in Motion seeks to provide continuity with a consistent trainer when reasonably possible.
However, a specific trainer, schedule, or location cannot be guaranteed indefinitely.
Capability in Motion may offer or assign another qualified trainer because of illness, vacation, availability, geography, scheduling, client needs, termination of a trainer relationship, or other operational considerations.
49. SCHEDULINGSessions are subject to trainer availability, client availability, travel requirements, facility access, location, weather, holidays, time off, and other operational considerations.
Availability shown electronically may change before booking is completed.
50. CANCELLATIONS AND RESCHEDULINGCancellation and rescheduling rules applicable to a particular Service will be disclosed through the website, booking process, client agreement, or account.
Clients are responsible for reviewing applicable rules.
A discretionary waiver on one occasion does not require Capability in Motion to waive a charge or rule on another occasion.
51. PRICING, PACKAGES, AND SESSION CREDITSCurrent pricing is displayed on the website or disclosed before purchase.
Capability in Motion may offer individual sessions, monthly packages, recurring programs, subscriptions, facility programs, group sessions, or other arrangements.
Applicable package terms, included sessions, billing frequency, expiration rules if any, cancellation terms, and refund provisions will be presented through the applicable purchase or service agreement.
52. PAYMENT PROCESSINGCapability in Motion may use third-party payment processors to process transactions.
Users agree to provide accurate payment information and authorize charges according to the purchase terms they accept.
Capability in Motion generally does not directly store complete payment-card information when processing is handled by a third-party payment provider.
53. REFUNDSRefund eligibility is governed by the terms presented at purchase, any applicable service agreement, and applicable law.
Capability in Motion may issue refunds, credits, or adjustments when required or appropriate.
A discretionary refund does not create an obligation to provide the same accommodation in another situation.
54. INSURANCE, MEDICARE, HSA, FSA, AND OTHER BENEFITSCapability in Motion provides personal fitness training and does not represent that Services are covered by Medicare, Medicaid, health insurance, long-term care insurance, HSA, FSA, or another reimbursement or benefit arrangement.
Eligibility depends on individual circumstances, plan terms, tax requirements, and applicable law.
Capability in Motion may provide ordinary receipts or documentation but does not guarantee reimbursement or tax eligibility.
55. DOCUMENTS AND ELECTRONIC CONSENTCapability in Motion may provide documents electronically and may permit electronic signatures, acknowledgments, or consent.
Electronic acceptance may have the same effect as a handwritten signature to the extent permitted by law.
Users are responsible for reviewing documents before accepting them.
56. PRIVACYUse of the Services is governed by the Capability in Motion Privacy Policy.
The Privacy Policy describes how information may be collected, used, processed, stored, disclosed, shared with authorized persons, processed through technology providers, and used in AI-assisted features.
Additional authorization may be required for certain disclosures.
57. LOCATION AND CHECK-IN INFORMATIONCertain operational features may use or record location-related information, including trainer check-in or check-out information, when enabled.
Such information may be used for legitimate operational purposes such as confirming visit activity, scheduling, travel or service administration, safety, timesheets, or service verification.
Collection and use of location information are further addressed in our Privacy Policy and applicable permissions.
58. WEBSITE AND EDUCATIONAL RESOURCESCapability in Motion may publish articles, guides, FAQs, videos, case studies, educational resources, newsletters, social media, and other informational materials.
These materials are for general educational purposes and do not constitute individualized medical advice.
59. AI-ASSISTED EDUCATIONAL CONTENTCapability in Motion may use AI to assist in drafting or editing educational or website content.
AI-assisted content may be reviewed or edited before publication.
References to outside research or organizations are provided for informational purposes and do not create an endorsement or healthcare relationship.
Users should independently consult appropriate professionals regarding individual medical questions.
60. CASE STUDIES, SUCCESS STORIES, AND TESTIMONIALSCapability in Motion may publish client experiences when appropriate authorization has been obtained.
Individual experiences vary.
A case study or testimonial does not guarantee another client will achieve the same result.
Fitness measurements included in a case study apply only to the individual described.
61. NO GUARANTEE OF RESULTSCapability in Motion does not guarantee increased strength, improved balance, improved mobility, improved endurance, weight loss, prevention of falls, prevention of injury, prevention of hospitalization, improved cognition, reversal of disease, increased bone density, recovery from injury, maintenance of independent living, avoidance of assisted living, avoidance of skilled nursing care, increased longevity, or any other particular fitness, functional, or medical outcome.
Individual results vary.
62. THIRD-PARTY SERVICES AND INTEGRATIONSCapability in Motion may use or integrate third-party services for functions such as payments, email, messaging, artificial intelligence, mapping, calendars, analytics, hosting, data storage, authentication, push notifications, and other operational functions.
Capability in Motion is not responsible for the independent operation or content of third-party services except to the extent required by applicable law or contract.
63. WEBSITE AVAILABILITYCapability in Motion does not guarantee uninterrupted availability of websites, portals, AI features, reports, messaging, scheduling, payments, notifications, or other electronic functions.
Temporary interruption may occur because of maintenance, technical failure, vendor outages, security events, or circumstances beyond reasonable control.
64. SYSTEM ERRORS AND DATA CORRECTIONSTechnology may occasionally produce incorrect displays, duplicate information, delayed information, synchronization problems, calculation errors, AI errors, or other technical issues.
Capability in Motion may correct records, calculations, billing entries, schedules, or other information when an error is identified, subject to applicable law and contractual rights.
65. INTELLECTUAL PROPERTYThe Capability in Motion name, branding, software, website, portal interfaces, fitness materials, reports, educational materials, graphics, content, and other proprietary materials are owned by or licensed to Capability in Motion unless otherwise stated.
Clients may use materials provided to them for personal use related to their Services.
Unauthorized commercial copying, resale, publication, or creation of competing materials is prohibited except as permitted by law.
66. ACCEPTABLE USEUsers may not access another person's account without authorization, misuse client information, interfere with system security, attempt unauthorized access, introduce malicious software, scrape protected information, impersonate another person, misuse AI or automated functions, circumvent role-based permissions, or use the Services for unlawful purposes.
Capability in Motion may restrict or terminate access for misuse.
67. TERMINATION OR SUSPENSION OF SERVICESCapability in Motion may decline, suspend, or discontinue Services when reasonably necessary, including where the requested service is outside fitness scope, the environment is unsafe, required information is unavailable, medical clearance is reasonably requested but not obtained, the client requires services Capability in Motion does not provide, continued exercise appears inappropriate within a fitness setting, payment obligations remain unresolved, a user misuses the platform, a user engages in abusive, threatening, discriminatory, harassing, or unsafe conduct, or continued Services are otherwise impracticable.
When appropriate, Capability in Motion may recommend contacting another professional or service provider.
68. NO PROFESSIONAL RELIANCE ON REPORTS OR PORTAL INFORMATIONCapability in Motion reports, dashboards, AI summaries, progress information, trainer observations, alerts, charts, and other outputs are created for fitness and administrative purposes.
They are not substitutes for medical records, clinical documentation, diagnostic testing, professional healthcare assessment, or independent healthcare judgment.
Healthcare professionals who receive authorized Capability in Motion information remain responsible for deciding whether and how to use that information.
69. ILLINOIS PHYSICAL FITNESS SERVICES ACTCapability in Motion intends its consumer fitness-service agreements to comply with the Illinois Physical Fitness Services Act, 815 ILCS 645, to the extent that Act applies to the Services or a particular transaction.
Illinois law broadly defines physical fitness services and expressly includes personal training services. Accordingly, the mandatory consumer protections in this Section apply whenever required by Illinois law and control over any inconsistent provision of these Terms or another Capability in Motion agreement.
No client is required to waive a right provided by the Illinois Physical Fitness Services Act, and any purported waiver of a non-waivable statutory right is ineffective.
70. ILLINOIS WRITTEN CONTRACT, COST DISCLOSURE, AND CONTRACT COPYWhere the Illinois Physical Fitness Services Act applies, the agreement for physical fitness services will be in writing and will state the client's total payment obligation for the services covered by the agreement.
All provisions, requirements, and prohibitions required by applicable Illinois law will be included in the written agreement before the customer signs it. A copy of the completed agreement will be provided to the customer when the agreement is signed or otherwise made available in a form the customer can retain.
Capability in Motion will maintain contract records for the period required by Illinois law.
71. ILLINOIS STATUTORY CANCELLATION AND REFUND RIGHTSTo the extent required by the Illinois Physical Fitness Services Act:
(a) A customer may cancel a contract for physical fitness services within 3 business days after the first business day after the contract is signed and receive a refund of all monies paid under the contract. For purposes of this statutory right, “business day” has the meaning provided by Illinois law.
(b) A customer who purchases a plan at a facility that has not yet opened for business, or who does not purchase the contract at an existing facility, may cancel within 7 calendar days and receive a full refund of all monies paid. Because Capability in Motion may sell in-home, online, community-based, or other services outside an existing physical fitness facility, this 7-calendar-day right may apply to those transactions.
(c) Where applicable, if a customer's residence relocates farther than 25 miles from the relevant center facilities and the statutory conditions for relocation cancellation are satisfied, the customer may cancel and will be responsible only for the portion of charges allocable to the period before reasonable evidence of relocation is provided, plus any lawful contractual fee, which will not exceed the amount permitted by Illinois law.
(d) Where applicable, if a customer is unable to use or receive contracted services because of death or disability, the customer or the customer's estate will be responsible only for the portion of charges allocable to the period before death or onset of disability, subject to Capability in Motion's right to request and verify reasonable evidence as permitted by law.
A cancellation under this Section may be delivered by certified or registered mail to the address stated in the applicable contract, online through the Capability in Motion website if the contract was entered into online, or by email when an email address is provided in the applicable contract, as permitted by Illinois law.
Any refund required under this Section will be issued within 30 days after Capability in Motion receives the cancellation notice, or sooner if required by applicable law.
These statutory cancellation rights are in addition to any more favorable cancellation or refund rights provided by Capability in Motion or other applicable law.
72. ILLINOIS CONTRACT TERM REQUIREMENTSTo the extent required by the Illinois Physical Fitness Services Act, the initial term of a contract for physical fitness services will not exceed one year from the date the parties enter into the contract.
Any renewal option will comply with the limitations and requirements of Illinois law. Nothing in these Terms authorizes Capability in Motion to impose a contract term, renewal structure, financing arrangement, or waiver prohibited by the Illinois Physical Fitness Services Act.
If a physical fitness services contract fails to comply with a mandatory provision of the Illinois Physical Fitness Services Act, the parties' rights will be determined under that Act and other applicable Illinois law.
73. AUTOMATIC RENEWAL AND CONTINUOUS SERVICE — ILLINOISIf Capability in Motion offers a subscription, membership, package, or other consumer agreement that renews automatically or continues until canceled, the offer and billing process will comply with the Illinois Automatic Contract Renewal Act, 815 ILCS 601, when applicable.
Before the consumer accepts an automatic-renewal arrangement, Capability in Motion will clearly and conspicuously disclose the applicable automatic-renewal terms, including that the arrangement continues or renews unless canceled, the applicable cancellation timeframe, recurring charge, renewal term or continuous nature of the service, and any minimum purchase obligation.
Capability in Motion will obtain the consumer's consent before charging a payment method for an automatic-renewal service and will provide a retainable acknowledgment containing the renewal terms, cancellation policy, and information explaining how to cancel.
Where Illinois law requires advance renewal or promotional-period notices, Capability in Motion will provide those notices within the legally required timeframe.
Online or other automatic-renewal offerings will provide a lawful, timely, and reasonably easy-to-use cancellation method as required by Illinois law. Any physical fitness services contract that automatically renews is also subject to the Illinois Physical Fitness Services Act.
74. ILLINOIS PERSONAL INFORMATION AND DATA SECURITYCapability in Motion handles information that may qualify as personal information or medical information under the Illinois Personal Information Protection Act, 815 ILCS 530.
Capability in Motion will implement and maintain reasonable security measures for records containing Illinois residents' personal information as required by applicable Illinois law. If a security breach triggers legally required notice obligations, Capability in Motion will provide notices and take other actions required by applicable law.
Additional information regarding collection, processing, retention, service providers, artificial-intelligence processing, and disclosure of personal information is addressed in the Privacy Policy.
75. ILLINOIS BIOMETRIC INFORMATIONCapability in Motion does not intend ordinary photographs, ordinary video, physical descriptions, fitness measurements, or location/check-in information to be used as biometric identifiers.
If Capability in Motion introduces a feature that collects or uses biometric identifiers or biometric information as those terms are defined by the Illinois Biometric Information Privacy Act, 740 ILCS 14, Capability in Motion will implement the notices, written release or consent, retention and destruction policy, disclosure restrictions, and other requirements applicable to that feature before collecting or using such information.
Nothing in these Terms constitutes consent to collect biometric identifiers or biometric information where separate consent is required by Illinois law.
76. DISCLAIMER OF WARRANTIESTo the fullest extent permitted by law, electronic Services, informational content, AI-assisted features, and related technology are provided on an “as available” basis.
Capability in Motion does not warrant that Services will produce a particular result, AI output will always be accurate, automated alerts will identify every relevant concern, training will prevent falls, hospitalization, disease, or loss of independence, client- or third-party-provided information is accurate, electronic Services will always be available, or a particular trainer, location, or schedule will remain available.
Nothing in these Terms excludes rights that cannot lawfully be excluded.
77. LIMITATION OF LIABILITYTo the fullest extent permitted by applicable law, Capability in Motion will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of the website, portals, technology, or Services.
Participation in physical activity may also be governed by a separate informed-consent and assumption-of-risk agreement.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
78. INDEMNIFICATIONTo the extent permitted by law, users are responsible for losses arising from their intentional or unlawful misuse of another person's information, unauthorized account access, misuse of the platform, violation of intellectual-property rights, or interference with Capability in Motion systems.
This section is not intended to shift liability that cannot lawfully be shifted.
79. GOVERNING LAWThese Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles, except where federal law or another applicable law controls.
Subject to rights that cannot lawfully be waived, disputes relating to these Terms or the Services shall be brought in a court of competent jurisdiction in Lake County, Illinois, unless another written agreement validly provides otherwise.
80. CHANGES TO THESE TERMSCapability in Motion may update these Terms as Services, technology, laws, or business practices change.
The current version will identify its effective or revision date.
Additional notice may be provided when required by law or appropriate because of a material change.
81. SEVERABILITYIf any provision is determined to be invalid or unenforceable, the remaining provisions remain effective to the fullest extent permitted by law.
82. NO WAIVERFailure to enforce a provision on one occasion does not waive the right to enforce that provision or another provision later.
83. ENTIRE AGREEMENTThese Terms, together with applicable Privacy Policy, Fitness Participation and Assumption of Risk Agreement, client service agreement, medical-clearance documentation, family-access authorization, photo authorization, payment terms, facility agreement, and other expressly incorporated agreements constitute the applicable agreement concerning their respective subject matter.
A more specific signed agreement controls over these general Terms concerning the subject specifically addressed by that agreement.
84. CONTACT INFORMATIONQuestions regarding these Terms may be directed to:
Capability in Motion, LLC
2735 Edgewood Lane
Riverwoods, IL 60015
Phone: {(224) 300-0095}
Email: legal@capabilityinmotion.com
IMPORTANT SUMMARY OF THE CAPABILITY IN MOTION SERVICE
For clarity: Capability in Motion provides personal fitness training supported by technology. It does not provide medical care.
Information appearing within the Services may come from the client or an authorized third party, the trainer's personal non-clinical observations, fitness measurements collected for exercise and programming purposes, or automated and AI systems that generate drafts, summaries, suggestions, classifications, alerts, or decision-support information.
None of these sources, individually or together, converts Capability in Motion into a healthcare provider.
· DO NOT diagnose medical conditions.
· DO NOT provide medical treatment.
· DO NOT provide physical or occupational therapy.
· DO NOT prescribe, administer, or modify medications.
· DO NOT provide medical clearance.
· DO NOT provide clinical cognitive assessments.
· DO NOT provide clinical fall-risk assessments.
· DO NOT determine the medical cause of pain, weakness, dizziness, fatigue, confusion, falls, or other symptoms.
· DO NOT replace physicians, nurses, physical therapists, occupational therapists, pharmacists, or other licensed healthcare professionals.
AI-generated information may be incomplete or incorrect and is intended to assist authorized users rather than replace human judgment.
Trainer observations represent non-clinical observations made in a fitness context.
Client-reported information represents what the client or another authorized source has told Capability in Motion and is not necessarily independently verified.
Capability in Motion's role is to provide personal fitness training and supporting technology intended to help clients work toward their individual fitness and functional goals within the scope of non-medical fitness services.