Membership Terms of Service

1. This is a binding agreement

Evolve First is a trade name of OnyxTrue Holding LLC, a Louisiana limited liability company doing business as Evolve First ("Evolve First," "we," "us," or "our"). These Membership Terms of Service (the "Terms") govern your access to and use of evolve-first.com, the Proving Ground member area, our challenges, printable challenge sheets, emails, and everything else we offer (together, the "Service").

By creating an account, accepting a challenge, or using the Service in any way, you agree to these Terms and to the Assumption of Risk, Waiver of Liability, Release and Indemnity Agreement (the "Waiver"), which is incorporated into these Terms by reference and is just as binding as the words on this page. If you do not agree, do not use the Service.

These terms contain a release of liability, a waiver of claims, an indemnity obligation, a limitation of our liability, and a section governing how disputes are resolved. Please read them carefully.

2. Who is allowed to join

You must be at least 18 years old and legally able to enter into a binding contract to create an account. Accounts are for individuals. You may not create an account on behalf of anyone else, share your login, or let another person log activity under your name.

You represent that you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction, and that all information you give us is accurate.

3. Minors, family and partner challenges

Some challenges — including Side By Side 30 and other family or crew challenges — are designed for an adult and a younger person to take part together. We allow this, on strict conditions.

• No person under 18 may create, hold, or control an account.
• A parent or legal guardian must hold the account and must be the person doing the challenge alongside the minor.
• Before any minor participates, the parent or legal guardian must complete the Parental Consent and Waiver section of the Waiver, on behalf of themselves and the minor.
• The parent or legal guardian is solely responsible for supervising the minor, for judging whether each day's activity is appropriate for that minor, and for stopping the activity at any time.
• We do not knowingly collect personal information from anyone under 13, and members must not enter a minor's name, photograph, contact information, or health information anywhere in the Service.

If you allow a minor to participate, you do so entirely at your own risk and on your own judgment. We do not evaluate, approve, supervise, or monitor any minor's participation.

4. Your account

You are responsible for everything that happens under your account and for keeping your credentials secure. Tell us immediately at evolve@evolve-first.com if you believe your account has been used without your permission.

You may close your account at any time. We may suspend or close any account, at any time, for any reason or no reason, including if we believe you have broken these Terms or created a risk for anyone.

5. What the Service is — and what it is not

Evolve First provides pre-written physical and mental challenges, day-by-day plans, a place to record whether you completed each day, progress and streak counts, printable challenge sheets, and optional accountability features that let you invite other people to do the same challenge.

Evolve First is not a gym, not a medical provider, not a licensed trainer, not a coach, not a physical therapist, not a dietitian, and not a mental health provider. Nothing in the service is medical advice, diagnosis, treatment, or a substitute for the judgment of a qualified professional who has actually examined you.

Our challenges are general information published to a general audience. They are not personalized to you. Nobody at Evolve First reviews your health, your history, your injuries, your form, your equipment, your environment, or your capacity before, during, or after any challenge. We do not supervise, monitor, spot, correct, or intervene, and we have no ability to do so.

You alone decide whether to attempt a challenge, whether to attempt any particular day, how hard to push, and when to stop. See our Safety Rules and Medical Disclaimer, both of which are part of these Terms.

6. Free membership

The Service is currently offered free of charge. There is no fee, no subscription, no card on file, and no purchase required to use any part of it.

Because you pay nothing, you are not buying a product, a result, or a guarantee of continued access. We may change, limit, suspend, or discontinue any part of the Service — including individual challenges — at any time, without notice and without liability to you.

We reserve the right to introduce paid features, tiers, or memberships in the future. If we do, we will not charge you anything without first telling you clearly and getting your affirmative agreement. Nothing here obligates us to keep any feature free forever.

7. Support

You may choose to support. You never have to, and everything on the Service is identical whether you do or not.

A contribution is a voluntary gift. It is not a purchase, not a subscription, not a membership, and not a fee for any product or service. It does not unlock features, content, priority, influence over what we build, or any benefit of any kind, because there is nothing to unlock — the entire service is free to everyone.

• Support is processed by a third-party payment provider. We never receive or store your card details.
• Support is used to promote and operate the Service — advertising and printing, hosting, domains, messaging, writing new challenges, and photography.
• We do not publish donor names, amounts, or any donor list.
• Support is generally non-refundable. If you supportd in error or something went wrong, contact us at evolve@evolve-first.com within 30 days and we will deal with it in good faith.
• Supporting does not create a partnership, sponsorship, agency, employment, or investment relationship, and gives you no ownership interest, no voting right, and no expectation of return.

Evolve first is not a registered 501(c)(3) or other tax-exempt charitable organisation unless stated otherwise on the support page. Support is personal gifts and are not tax deductible as charitable contributions. We do not provide tax receipts or advice — consult your own tax professional.

8. Assumption of risk, waiver and release

Physical activity carries real risk of serious injury and death. As a condition of using the Service, you agree to the Waiver, which includes an assumption of all risks, a release and waiver of claims against us, a covenant not to sue, and an indemnity obligation.

You are giving up legal rights, including the right to sue us for injuries caused by ordinary negligence, to the fullest extent permitted by the law of Louisiana. Do not accept these terms until you have read the waiver in full and understand it.

9. Health and medical disclaimer

You should not begin any challenge before consulting a qualified physician, particularly if you are pregnant or postpartum, are over 40, are new to exercise or returning after a long layoff, are recovering from injury or surgery, or have or have ever had any heart, lung, metabolic, musculoskeletal, neurological, psychiatric, or eating-related condition, or take any medication.

Some of our challenges involve very high repetition volumes, cold water exposure, high fluid intake, sleep and diet changes, outdoor activity in traffic and weather, and deliberately uncomfortable protocols. These carry specific risks described in our Safety Rules. Read them.

Stop immediately and seek medical attention if you experience chest pain, pressure or tightness, shortness of breath disproportionate to the effort, dizziness, fainting, an irregular heartbeat, severe or unusual muscle pain or swelling, dark or cola-coloured urine, confusion, or any symptom that frightens you.

10. What you post and record

You may enter daily notes, how a day felt, a display name, and crew names ("Member Content"). You keep ownership of your Member Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display it solely to operate and improve the Service.

Do not enter into the Service any sensitive personal information about yourself or anyone else, including medical records, diagnoses, government identifiers, financial account information, or any information about a person under 18.

We may remove any Member Content at any time and are not obligated to store, back up, or return it.

11. Crews, invitations and other members

The Service lets you invite other people to a challenge and see a shared board of who has completed which days. You are responsible for who you invite and for having the right to contact them with the information you provide to us.

Other members are not our employees, agents, or representatives. We do not vet, verify, supervise, or endorse them, and we are not responsible for their conduct, their statements, their accuracy, or anything that happens between you and them, online or in person.

You release us from any claim arising out of your interactions with any other member or invited person, whether in the service or in the physical world.

12. Email

By giving us your email address, you consent to receive email from us relating to the Service — account messages, challenge reminders, streak alerts, crew notifications, and occasional email about Evolve First itself.

We do not send text messages and we do not ask for a mobile number. Email is the only channel we use.

Email frequency varies with the challenges you accept. You can unsubscribe from marketing email using the link in any such email, or by contacting us at evolve@evolve-first.com. You may continue to receive essential account messages — password, security and account notices — after opting out of marketing.

Consent to receive marketing email is not a condition of using the Service, of accepting a challenge, or of anything else.

13. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any law or regulation.
• Copy, scrape, republish, resell, licence, or distribute our challenges, plans, challenge sheets, or content, or use them to build a competing product.
• Log days you did not actually complete, or otherwise falsify records — including in a crew where other people rely on your entries.
• Harass, threaten, bully, shame, coerce, or endanger any other member, including through crew features or invitations.
• Pressure any person to continue an activity after they have said they want to stop, or to ignore pain, injury, illness, or medical advice.
• Upload malicious code, probe or test the security of the Service, or interfere with its operation.
• Impersonate anyone, or misrepresent your affiliation with any person or entity.
• Use the Service to provide training, coaching, or medical services to others without your own qualifications, insurance, and legal authority to do so.

14. Our intellectual property

The Service and everything in it — the challenges and their day-by-day plans, the written instructions, the printable sheets, the Evolve First name, the mark, the wordmark, the visual design, and the copy on every page — is owned by OnyxTrue Holding LLC or its licensors and is protected by copyright, trademark, and other laws.

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service and to print challenge sheets for your own personal, non-commercial use. That licence ends when your account ends. Every other right is reserved.

You may not use our name or mark, or run challenges from the Service, in any commercial setting — including a gym, studio, team, workplace program, or paid group — without our prior written permission.

15. Third-party services and links

We use third-party providers to operate the Service, including HighLevel for accounts, membership, content delivery, email and text messaging. Your information is handled as described in our Privacy Policy.

The Service may link to third-party sites and resources. We do not control them, do not endorse them, and are not responsible for them.

16. Disclaimer of warranties

The service is provided "as is" and "as available," with all faults and without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the service will be uninterrupted, timely, secure, accurate, or error-free, that any challenge is safe or appropriate for you, or that you will achieve any particular result, level of fitness, weight, performance, or outcome.

17. Limitation of liability

To the fullest extent permitted by law, in no event will OnyxTrue Holding LLC, its owners, officers, directors, members, managers, employees, contractors, agents, affiliates, successors or assigns be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to the service, however caused and on any theory of liability, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the service will not exceed the greater of one hundred united states dollars ($100) or the total amount you have paid us in the twelve months preceding the event giving rise to the claim — which, on a free membership, is zero dollars.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law. Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by our gross negligence or wilful misconduct where such limitation is prohibited.

18. Indemnification

You agree to defend, indemnify, and hold harmless OnyxTrue Holding LLC and its owners, officers, directors, members, managers, employees, contractors, agents, and affiliates from and against any claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: your use of the Service; any challenge you attempt; any injury, illness, or death you suffer; any injury or damage you cause to any other person or to property; your Member Content; your breach of these Terms or the Waiver; your violation of any law or the rights of any third party; and the participation of any minor you permit to take part.

19. Suspension and termination

We may suspend or terminate your access at any time, with or without notice. You may stop using the Service at any time. Sections that by their nature should survive termination will survive, including the Waiver, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

20. Dispute resolution and class action waiver

Before filing anything, you agree to contact us at evolve@evolve-first.com and try in good faith to resolve the dispute informally for at least thirty (30) days.

If we cannot resolve it, you and OnyxTrue Holding LLC agree that any dispute arising out of or relating to these terms, the waiver, or the service will be resolved by final and binding individual arbitration administered by a recognised arbitration provider under its consumer rules, and not in a court, except that either party may bring an individual claim in small claims court.

You and OnyxTrue Holding LLC each waive the right to a trial by jury and the right to participate in a class action, collective action, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

21. Governing law and venue

These Terms and the Waiver are governed by the laws of the State of Louisiana, without regard to its conflict-of-laws rules. Subject to the arbitration section above, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Louisiana.

22. Changes to these Terms

We may update these Terms. If we make a material change, we will update the date at the top and take reasonable steps to notify members, such as an email or a notice in the Service. Continuing to use the Service after a change means you accept the updated Terms. If you do not accept them, stop using the Service and close your account.

23. General

These Terms, the Waiver, the Privacy Policy, the Medical Disclaimer, the Safety Rules, and the Crew Rules are the entire agreement between you and us about the Service, and replace any earlier agreement or understanding. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the rest stays in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may. Neither party is liable for failure to perform due to events beyond its reasonable control.

24. Contact

OnyxTrue Holding LLC
636 Gause Blvd Ste 304 PMB 1037, Slidell, LA 70458
evolve@evolve-first.com