These Partner Program Terms ("Terms") apply to the Clinical Growth System™, the partner program The Optimized Human offers to gym owners and other fitness businesses. They cover our partner pages, including tohhealth.com/partners/ and the application, playbook, and booking pages at go.tohhealth.com (together, the "Site"). They also cover applications, playbook downloads, discovery calls, and the messages we send about the program.
These Terms are for business customers and prospects. If you are a patient, our patient site is covered by our Terms of Use and Privacy Policy instead.
By using the Site, applying, or booking a call, you agree to these Terms and to our Partner Privacy Policy. If you act for a business, you confirm that you can accept these Terms for that business. If you do not agree, please do not use the Site.
1. Who we are
The Optimized Human LLC ("The Optimized Human," "TOH," "we," "us," or "our") is a South Carolina company at 317 N Carolina Ave, Batesburg, SC 29006. You can reach us at jay@toh100.com.
2. What the program is
The Clinical Growth System is a business to business program. We provide business coaching, technology, and launch support to help you add a clinical offer to your gym. Depending on your plan, that can include offer design, marketing and sales coaching, software and systems, team training, and help with your launch.
The program is a business service. It is not medical care, and nothing in it is medical, legal, tax, or financial advice. Exactly what you receive is set out in your signed partner agreement.
3. Clinical care stays with licensed providers
Any clinical care offered to your members is delivered by independent licensed medical providers. Those providers make every clinical decision, including whether someone qualifies for a lab test, treatment, or medication, what is prescribed, the dose, and any changes.
As a partner, you and your staff never practice medicine. You do not diagnose, prescribe, recommend or adjust a dose, or tell anyone how to take a medication. When a member has a medical question, you send it to the licensed provider. Your role is coaching, accountability, and the member relationship. You also agree not to make medical claims or promise health results to your members.
4. No guarantee of income or results
We do not guarantee that you will earn any amount of money or get any particular result. Revenue figures, calculators, example prices, margins, and stories on the Site, in our videos, and on calls are examples only. They are not promises or projections. Your results depend on your market, your members, your pricing, your effort, and how you run your business, and many businesses earn less than the examples shown.
If your program includes a guarantee, it is governed only by the terms written in your signed partner agreement. Nothing on the Site, in an email, in a video, or on a call creates a guarantee.
Please talk with your own attorney, accountant, and other advisors before you make business decisions.
5. Applications and discovery calls
Applying or booking a discovery call does not guarantee that you will be accepted into the program. We review each application and decide who is a good fit. We may decline or pause any application for any lawful reason, and Founding Partner spots are limited.
Please give us accurate information. Nothing on the Site is an offer you can accept. You become a partner only when you and TOH both sign a partner agreement.
6. Your signed partner agreement controls
If you become a partner, your signed partner agreement sets your services, pricing, payment terms, and any guarantee. If anything in these Terms or on the Site conflicts with your signed partner agreement, the partner agreement controls.
7. Using the Site
You may use the Site to learn about the program, apply, download our resources, and book a call. When you use it, you agree not to:
- Break any law or violate anyone else's rights.
- Submit false information, or someone else's information without their permission.
- Try to get into private pages, accounts, or systems you are not allowed to use.
- Interfere with the Site, its security, or its hosting.
- Scrape or copy content from the Site with automated tools without our written permission.
Private partner pages. Some partner pages, such as the partner menu, need a login and are shared only with people we approve. What is on them, including pricing, margins, menus, and processes, is confidential. Use it only to evaluate or work with TOH. Do not share, copy, screenshot, or forward it, or give your login to anyone else, without our written permission. These duties continue after your access ends.
We may suspend or block access to the Site if we believe you have broken these Terms.
8. Intellectual property
The Site and its content, including text, graphics, videos, the playbook, logos, and the names The Optimized Human, TOH, and Clinical Growth System™, belong to TOH or our licensors. You may view and download them to evaluate the program for your business. You may not copy, change, resell, or share them, or build your own materials from them, without our written permission. Any right to use program materials as a partner comes only from your signed partner agreement.
If you send us ideas or feedback, we may use them without owing you anything.
9. Communications and text messages (SMS)
When you submit a form or book a call on the Site, you agree that The Optimized Human LLC ("The Optimized Human") may contact you about your inquiry and the Clinical Growth System by email and phone call at the contact details you provide.
SMS program. If you check the text message consent box on our partner application or Discovery Call booking form, The Optimized Human may text you at the mobile number you provide. Texts are about your partner application, follow up on your inquiry, and confirmations and reminders for calls you book. If you also check the separate marketing box, texts may include information about the Clinical Growth System and related offers for partners. Consent to texts is not a condition of purchase.
Message frequency and rates. Message frequency varies. Message and data rates may apply for any messages sent to you from us and to us from you. If you have questions about your text plan or data plan, contact your wireless provider.
Opting out. You can cancel the SMS service at any time. Just text "STOP" to the number that texted you. After you send "STOP", we will send you one text to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, sign up as you did the first time, or text "START", and we will start sending text messages to you again.
Help. If you are having trouble with our text messages, reply with the keyword HELP for more assistance, or email jay@toh100.com.
Carriers. Carriers are not liable for delayed or undelivered messages.
Privacy. If you have any questions about privacy, please read our Privacy Policy: https://tohhealth.com/partners/privacy/
You can opt out of marketing emails by using the unsubscribe link, and you can ask us to stop calling you at any time. You confirm that the contact information you give us is yours or that you are authorized to give it.
10. Disclaimers and limitation of liability
The Site and its content are provided "as is" and "as available." To the fullest extent the law allows, we make no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non infringement.
To the fullest extent the law allows, TOH and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities, arising from the Site, an application, a discovery call, or these Terms. Our total liability for any claim related to the Site or these Terms will not be more than one hundred US dollars ($100). Liability for services under a signed partner agreement is governed by that agreement.
11. Governing law
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of law rules. Any dispute related to the Site or these Terms will be brought only in the state or federal courts located in Lexington County, South Carolina, and you agree to the jurisdiction of those courts.
12. Changes to these Terms
We may update these Terms from time to time. When we do, we will change the date at the bottom of this page. If you keep using the Site after an update, you accept the updated Terms. If any part of these Terms is found unenforceable, the rest still applies.
13. Contact us
Questions about these Terms? Contact us:
The Optimized Human LLC
Attn: Jay Soileau
317 N Carolina Ave
Batesburg, SC 29006
Email: jay@toh100.com
Last updated October 7, 2026.