1. Agreement Scope and Operator Identity
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Member,” “User,” or “You”) and McNeil Consulting LLC (“Company,” “Operator,” “we,” “us,” or “our”), an Oregon limited liability company. Gym Owner Collective is a brand operated by McNeil Consulting LLC and is not a separate legal entity.
By downloading, installing, or accessing the Gym Owner Collective mobile application (“App”), participating in the mastermind community (“Community”), or using our support portal at https://app.gymownercollective.com, you agree to be bound by these Terms, our Privacy Policy, and any posted Community Standards. If you do not agree to these Terms, you may not access or use the App or Community.
Privacy rights, abuse reporting, and account deletion requests remain accessible through our support portal without requiring acceptance of unrelated commercial terms.
3. Account Registration and Security
To access the App and Community, you must maintain an approved account. You agree to:
- Provide accurate, current, and complete registration details;
- Maintain and update your profile information when business details change;
- Keep your password and account credentials secure and confidential; and
- Accept responsibility for all activities and posts conducted under your account.
Notify McNeil Consulting LLC immediately at shannon@shannonmcneilconsulting.com if you discover or suspect unauthorized access to your account.
4. Permitted Use of App and Community
Subject to your ongoing compliance with these Terms, McNeil Consulting LLC grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install the App on your mobile device and participate in the Community for your internal fitness business development.
You agree NOT to:
- License, sell, rent, lease, host, or commercially exploit the App or Community content;
- Reverse engineer, decompile, or disassemble any portion of the App or platform software;
- Scrape, extract data, or harvest member rosters using automated bots or scripts;
- Engage in unauthorized cold solicitation, spamming, or mass marketing to fellow members; or
- Bypass or disable any security, authentication, or access-control mechanism within the App.
5. Ownership of Operator Materials
All proprietary materials, mastermind presentations, standard operating procedure (SOP) templates, financial models, graphics, logos, and software code provided by McNeil Consulting LLC remain the exclusive intellectual property of McNeil Consulting LLC or its licensors.
Your membership grants a personal, non-transferable license to use these business resources within your own gym business. You may not re-sell, publicly distribute, or license operator SOPs or training materials to non-member gym owners.
6. Member Submissions & Content License
Members retain full ownership of all discussions, business ideas, questions, comments, photos, and documents they post or upload to the Community (“Member Content”).
By posting Member Content, you grant McNeil Consulting LLC a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and technically adapt your Member Content solely as necessary to operate, maintain, display, and moderate the App and Community services during your membership and applicable retention periods.
This license does not grant McNeil Consulting LLC perpetual advertising or promotional reuse rights over your proprietary business materials. You represent that you own or have obtained all necessary rights for any Member Content you submit.
7. Community Standards and Objectionable Content
Gym Owner Collective maintains a strict zero-tolerance policy for abusive behavior, harassment, illegal activity, and objectionable content.
You agree that you will NOT post, transmit, or share any Member Content that:
- Harassment & Threats: Is abusive, defamatory, harassing, threatening, or promotes violence or self-harm;
- Hate Speech: Promotes discrimination, hatred, or intolerance based on race, ethnicity, religion, gender, sexual orientation, disability, or age;
- Sexual Exploitation: Contains sexually explicit material, nudity, or pornography;
- Unlawful Content: Promotes illegal acts, fraudulent schemes, or unlawful substances;
- Impersonation & Doxxing: Impersonates any person or entity, or discloses someone else's private personal information or customer financial data without authorization; or
- Infringement & Spam: Infringes intellectual property or distributes malicious links or unsolicited spam.
Moderation & Review: McNeil Consulting LLC reviews reported policy violations promptly and reserves the right to remove violating content immediately and restrict or revoke access for abusive members.
Reporting Abuse: To report objectionable content or abusive member conduct, visit our dedicated report anchor at /support#report-abuse or email shannon@shannonmcneilconsulting.com.
8. Third-Party Services & Integrations
The App and Community rely on technology infrastructure provided by software partners, cloud hosting vendors, and mobile app stores. Interactions with third-party software or external tools linked by members are governed solely by those third parties' terms.
McNeil Consulting LLC does not endorse or assume liability for third-party software tools, external websites, or third-party service availability.
9. Suspension and Access Revocation
We reserve the right to suspend or revoke account access to the App or Community if we determine that:
- You have violated these Terms or our Community Standards;
- Required membership arrangements have lapsed; or
- Your continued access poses a security, legal, or operational risk to the Community.
Any membership billing, cancellation, or refund rights follow separately agreed membership agreements and mandatory law.
10. Disclaimers & Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY — IT LIMITS OPERATOR LIABILITY.
WARRANTY DISCLAIMER: THE APP, COMMUNITY, MASTERMIND MATERIALS, AND SUPPORT WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE.
INFORMATIONAL DISCLAIMER: GYM OWNER COLLECTIVE IS AN EDUCATIONAL AND PEER MASTERMIND COMMUNITY. MCNEIL CONSULTING LLC DOES NOT PROVIDE LICENSED LEGAL, TAX, ACCOUNTING, MEDICAL, OR CERTIFIED FINANCIAL ADVICE. MEMBERS ARE SOLELY RESPONSIBLE FOR VERIFYING COMPLIANCE WITH LOCAL LAWS, BUILDING CODES, SAFETY REGULATIONS, AND GYM INSURANCE POLICIES.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MCNEIL CONSULTING LLC, ITS OFFICERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE APP OR COMMUNITY. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER MANDATORY LAW.
11. Governing Law and Jurisdiction
These Terms and the End User License Agreement are governed by the laws of the State of Oregon, United States, except to the extent that applicable mandatory law requires otherwise. Legal proceedings arising from these Terms or the End User License Agreement will be brought in state or federal courts of competent jurisdiction located in Oregon, unless applicable law gives you the right to bring proceedings elsewhere. Nothing in these Terms limits rights or protections that cannot lawfully be waived.
12. End User License Agreement (EULA) — Mobile Application
This End User License Agreement (“EULA”) applies to your download, installation, and use of the Gym Owner Collective Mobile Application. Some provisions below apply to the app generally; others apply specifically to the iOS application obtained through the Apple App Store. The iOS-specific provisions apply only to the iOS application, and the permitted exceptions described below apply under the applicable Apple terms.
1. Parties to the EULA: You and McNeil Consulting LLC acknowledge that this EULA is concluded between you and McNeil Consulting LLC only. McNeil Consulting LLC is solely responsible for the Gym Owner Collective Mobile Application and its content. This EULA does not provide usage rules that conflict with the Apple Media Services Terms and Conditions as of the Effective Date.
2. Scope of License (general): McNeil Consulting LLC grants you a non-transferable license to use the Mobile Application on a device that you own or control, as permitted by the applicable app store usage rules, for the duration of your authorized use of the service.
2a. Scope of License (iOS): For the iOS application obtained through the Apple App Store, the license is limited to use on Apple-branded devices that you own or control, except that the app may be accessed by other accounts associated with the purchaser through Family Sharing or volume purchasing, as permitted by the applicable Apple terms, or through applicable Legacy Contact provisions where Apple’s current requirements provide for them.
3. Maintenance and Support: McNeil Consulting LLC is solely responsible for providing any maintenance and support services for the Mobile Application as specified herein or required by law. With respect to the iOS application, you and McNeil Consulting LLC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the app.
4. Warranty & Refunds: McNeil Consulting LLC is solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. With respect to the iOS application, in the event of any failure to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, or expenses attributable to any failure to conform to any warranty will be McNeil Consulting LLC’s sole responsibility.
5. Product Claims: You acknowledge that McNeil Consulting LLC, and not Apple, is responsible for addressing any claims of the end-user or any third party relating to the iOS application or your possession and/or use of that app, including: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual Property Claims: You and McNeil Consulting LLC acknowledge that, in the event of any third-party claim that the iOS application or your possession and use of that app infringes a third party’s intellectual property rights, McNeil Consulting LLC, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Contact: Direct all end-user questions, complaints, or claims regarding the Mobile Application to McNeil Consulting LLC, P.O. Box 52, Clatskanie, OR 97016, United States. Email: shannon@shannonmcneilconsulting.com. Phone: +1 (407) 449-7117.
9. Third-Party Terms: You must comply with applicable third-party terms of agreement when using the Mobile Application (for example, you must not violate your wireless data service provider agreement when accessing mobile community feeds).
10. Apple’s Third-Party Beneficiary Rights (iOS): You and McNeil Consulting LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA with respect to the iOS application, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof.
Precedence: The iOS-specific provisions in this EULA, together with their permitted exceptions (including Family Sharing, volume purchasing, and applicable Legacy Contact provisions), govern any inconsistency between this EULA and the general app-license restrictions in section 4. Nothing in this EULA limits statutory rights that cannot be excluded or limited under mandatory law. Support, privacy-rights requests, abuse reports, and account deletion remain available without requiring acceptance of any unrelated condition.
13. Changes, Severability, and Legal Contact
Modifications: McNeil Consulting LLC reserves the right to update these Terms periodically. Modified Terms will be posted to /terms with a revised Effective Date.
Severability: If any provision of these Terms is held unlawful or unenforceable, that provision shall be severable without affecting the validity of remaining provisions.
Legal Notice Contact: For formal legal notices regarding these Terms, contact:
Gym Owner Collective
Operated by McNeil Consulting LLC
Mailing address: McNeil Consulting LLC, P.O. Box 52, Clatskanie, OR 97016, United States
Email: shannon@shannonmcneilconsulting.com
Phone: +1 (407) 449-7117