1. What These Terms Cover

These Terms & Conditions ("Terms") govern your use of the services provided by Cheer Gym Marketing ("CGM"), a division of Next Generation Gym Owners LLC ("Next Gen"). They cover both sides of what CGM delivers:

• Website services — building, hosting, maintaining and refreshing your gym website.

• NG Engine ("NGE") — the CRM platform provided to you as part of your CGM subscription.

By signing your agreement, paying your setup fee, and/or using any CGM service, you agree to these Terms.

2. Pricing & Packages

Current pricing is not listed in these Terms. All package pricing, what each package includes, subscription rates and current usage rates are maintained in one place: nextgenowners.com/packages.

That page is the authoritative source. Where these Terms refer to a fee, rate or package inclusion, the amount in effect is the one shown on the packages page at the time of the charge.

3. Setup Fee

A one-time setup fee is required for all new accounts. The setup fee is waived only for the particular packages that list it as included — see the packages page for which ones.

The setup fee is non-refundable, whether or not you continue your subscription and regardless of when you cancel.

4. Website Services & Refresh Policy

CGM builds and maintains your gym website as part of your subscription. What is included in your build and ongoing maintenance depends on your package — see the packages page.

Website refresh. A website refresh is a rebuild of your site's design and layout on a current template.

• Every 2 years, you are eligible for a website refresh at no additional charge.

• If you want a refresh sooner — or more often than every 2 years — you may purchase one at any time for $599.

Refreshes are scheduled based on team availability. A refresh covers design and layout; new pages, new functionality and content writing beyond your existing site are quoted separately.

Website access and edits. CGM builds, hosts and maintains your website, and retains administrative access to it. WordPress admin logins are not issued to clients.

All website changes are requested through your Request Portal, and our team makes and publishes them for you. This keeps your site secure, keeps plugins and the theme compatible, and means every change is backed up and reversible. Requesting an edit does not require a WordPress login — you sign in to your Request Portal with your own email.

Because CGM controls the build, we cannot support, restore or warranty changes made outside this process, including edits made by a third-party developer.

Turnaround. Standard edits submitted through the Request Portal are completed within 48 business hours, and usually sooner. Larger changes, new pages and anything requiring design work are scheduled and confirmed with you. Turnaround is measured from when we have everything needed to make the change.

5. Domain, Hosting & Ownership

Your domain. Your domain name belongs to you. If CGM registers or renews a domain on your behalf, it is registered in your name and the cost is billed to you. You are responsible for keeping domain registration current; if a domain you own elsewhere expires, your site goes offline through no fault of CGM.

Hosting. Your website is hosted on CGM's hosting account for as long as you are a subscriber. Hosting, SSL certificates, core WordPress updates, plugin updates and security monitoring are included as described on the packages page.

What you own. You own your content — your logo, photos, text, videos, brand assets, and the customer and contact data in your NG Engine account.

What CGM owns. CGM retains ownership of the underlying website build: the theme, templates, layouts, page structures, custom code, and any pre-built NGE snapshots, workflows or systems provided to you. These are licensed to you for use while you are a subscriber and are not transferred, sold or exported to you or to a third party. A CGM website is not portable to another host or provider.

6. Account Setup, Included Systems & Resources

At setup, CGM configures your NGE account and provides access to the guides, training and pre-built workflows included with your package.

What is included varies by package. These Terms do not list specific workflows, systems or resources — refer to the packages page for what your package includes. Anything not listed there is available as an add-on at a separate price.

7. Your Responsibilities

A build moves at the pace of the material we have. You are responsible for:

• Providing content. Logo files, photos, class and program details, pricing, staff bios, hours and any other copy we ask for.

• Rights to that content. You confirm you own or have permission to use everything you send us — photos, music, logos and text. CGM is not responsible for claims arising from content you supply, and you agree to cover any costs we incur from such a claim.

• Timely review and approval. Responding to review requests, approving drafts and attending scheduled calls.

• Keeping your information current. A valid payment card, a working email address, and telling us when your gym's details change.

If content or approvals are outstanding, launch and turnaround dates move accordingly. Delays caused by missing material do not change your billing date or pause your subscription.

8. Academy Clients — Coach Access

If you are an Academy client, your assigned coach will be added as a user on your NGE account. This lets your coach see what you have built and support you directly inside the platform.

By signing this agreement, you consent to your assigned coach being added to your NGE account. If your assigned coach changes, the new coach will be added and the previous coach's access removed.

9. Support & Outsourcing

CGM provides base-level support for your website and NGE account during standard business hours, Monday through Friday, excluding holidays.

For advanced or custom builds beyond base-level support, we can refer you to trusted third-party providers. Outsourced services are arranged and paid for directly with that provider and are not included in your CGM subscription.

Support requests are submitted as a ticket through the NGE tech support platform.

10. Scheduled Call & No-Show Policy

Our team reserves dedicated time for every scheduled call. To keep the calendar fair for all gyms, the following applies to all scheduled CGM calls — onboarding, Level 1–3, and support calls:

• First no-show is on us. Your first missed call is a one-time courtesy with no charge.

• Every no-show after that is $25. Each additional missed call is billed a $25 no-show fee.

• 24-hour rule. Calls must be rescheduled or canceled at least 24 hours before the start time. Changes made with less than 24 hours' notice count as a no-show.

What counts as a no-show: not attending a scheduled call without rescheduling or canceling at least 24 hours in advance.

How to reschedule: use the reschedule link in your booking confirmation email or text. Rescheduling from that message keeps your appointment updated correctly on our calendar.

11. Usage-Based Fees (Pay-As-You-Go)

Emails, text messages, phone calls, domain purchases, premium workflow actions and certain AI features are billed per use from your account's wallet. These are separate from your subscription and apply once a payment card is added to your account.

How the wallet works. Your wallet auto-recharges from the payment card on file. If your balance goes negative — for example, when an auto-recharge fails — emails and conversations may stop sending until funds are added. Please keep a valid card on file.

Where to find current rates. Usage rates are listed on the packages page and in the billing section of your NGE account, where you can also pull invoices and charges.

Good to know

• A text "segment" is about 160 characters. Longer messages, emojis and special characters use more segments.

• Phone, SMS and WhatsApp rates vary by region and are set by the carriers.

• AI charges are token-based, so word-count estimates are approximate and actual charges may vary.

Rates can change. Usage rates are set by our platform and carrier providers and may change. We will share updates when rates change. Questions about a charge or your wallet balance should be submitted as a ticket through the NGE tech support platform.

12. Acceptable Use & Communications Compliance

Your NG Engine account sends email and text messages through Next Gen's agency account. A compliance problem on one sub-account can affect sending for every gym on the platform, so these rules are not optional.

Consent. You may only message people who have given you permission to contact them. Purchased, rented, scraped or borrowed lists may not be uploaded to or messaged from NG Engine.

Follow the rules that apply to you. You are responsible for complying with the laws governing your communications, including CAN-SPAM and the TCPA in the United States, CASL in Canada, and any A2P 10DLC or carrier registration requirements for text messaging. Registration details you submit for messaging approval must be accurate.

Honour opt-outs. Unsubscribe and STOP requests must be respected immediately and must not be removed, hidden or worked around.

Content. You may not use NG Engine or your website for anything unlawful, deceptive, harassing, or that infringes someone else's rights.

If these rules are broken. CGM may pause your sending, suspend your account, or terminate your subscription without refund if your use puts the agency account, our sending reputation or other gyms at risk. Carrier fines, penalties or damages resulting from your messaging are your responsibility.

13. Additional Snapshots & Features

Additional NGE snapshots — pre-built systems and workflows beyond what your package includes — may be available for purchase at a separate price. The same applies to additional website features and pages beyond your package scope.

14. Subscription, Term & Renewal

Term and renewal. Your subscription runs on a monthly billing cycle and renews automatically on the same date each cycle until you cancel under Section 16. Your card on file is charged on your billing date. There is no fixed end date and no separate renewal notice — the subscription simply continues until cancelled.

• CGM services are provided to Academy members at the current subscription rate shown on the packages page. Grandfathered members may upgrade their account to obtain these features.

• If you cancel your Academy membership, you may continue your CGM subscription at the non-Academy rate for your package listed on the packages page at that time.

• Your NGE account remains a Sub-Account under the main agency account of Next Generation Gym Owners LLC.

15. Billing & Non-Payment

Subscription fees are charged to the payment card on file on your billing date. Usage fees are drawn from your wallet as described in Section 11.

If a payment fails. We will text and email you up to four times over about four business days, each with a secure link to update your payment details. Updating your card at any point during that window keeps your Academy, website and NGE services running with no interruption.

Final Notice. If we have not received payment after the Final Notice, your membership is cancelled. Your Academy access ends, and your website and NGE account are deactivated.

Reinstatement. You have 24 hours after the cancellation notice to update your payment and reinstate your account. Your website is kept for 7 days after cancellation and is permanently deleted if payment is not received. Once the 24-hour window has passed, returning as an Academy member means re-qualifying at our current rates.

If you think a notice is wrong. If you believe you received a notice in error, or you would like to come back, reply to any of our texts or emails and we will help you right away.

Chargebacks. If you dispute a charge, contact us first through the NGE tech support platform. A chargeback filed without contacting us may result in immediate suspension.

16. Cancellation, Suspension & Termination

Cancellation requires at least 48 hours' notice before your billing date. Notice given with less than 48 hours to go takes effect at the end of the following billing cycle, and that cycle is still billed.

When you cancel, your website comes down on the last day of your billing cycle, and your NG Engine access ends on that same date.

• Your domain is yours and stays yours. Tell us where to point it and we will.

• Export anything you want to keep. If there is anything in NG Engine you want to keep — your contact list, for example — export it before your final billing date.

• Setup fees are non-refundable, as set out in Section 3.

We do not retain your website files after takedown. Once your site comes down, CGM does not keep a copy of the build, and it cannot be restored or handed over later. (Cancellation for non-payment has a short retention window — see Section 15.) If you want your content, save it before your final billing date.

Cancellation is submitted on the cancellation form, where you will confirm all of the above.

Termination by CGM. CGM may suspend or terminate your subscription for non-payment (Section 15), for a breach of Section 12, or for abusive or unlawful conduct toward our staff or other clients. Where the circumstances allow, we will give notice and an opportunity to correct the problem first. On termination, the same takedown, export and file-retention terms above apply, and fees already paid are not refunded.

17. No Guarantees & Limitation of Liability

No guaranteed results. CGM does not guarantee search rankings, traffic, leads, enrolment or revenue. SEO and marketing outcomes depend on factors outside our control, including search engine algorithms, competition and your local market.

Third-party platforms. Your website and NG Engine account depend on services we do not operate — hosting, the CRM platform, domain registrars, email and SMS carriers, payment processors and plugin developers. CGM is not responsible for outages, changes, price increases or discontinuation of those services, and we do not guarantee uninterrupted availability.

Backups. CGM maintains routine backups of client websites as part of hosting, but backups are a maintenance tool, not a guaranteed archive. You are responsible for keeping your own copies of content that matters to you.

Limitation. To the fullest extent permitted by law, CGM's total liability arising out of or relating to these Terms is limited to the amount you paid CGM in the three months before the claim arose. CGM is not liable for indirect, incidental or consequential damages, including lost profits, lost revenue or lost data.

18. Governing Law

These Terms are governed by the laws of the State of Missouri, without regard to its conflict of law rules. Any dispute arising out of or relating to these Terms will be brought in the state or federal courts located in Johnson County, Missouri, and both parties consent to that jurisdiction.

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect.

19. Modifications

Next Gen reserves the right to update these Terms at any time. You will be notified of material changes by email or through your NGE account.

Pricing and rates are maintained on the packages page rather than in this document, and may be updated there without a change to these Terms.

20. Agreement

By signing this agreement, paying your setup fee, and/or using CGM website services or NG Engine, you acknowledge that you have read, understood and agreed to these Terms & Conditions — including the coach access consent in Section 8 and the current pricing published at nextgenowners.com/packages.