KBOD Terms of Service
In exchange for participation in any fitness, health, and wellness activity organized by KG FAMILY TRUST, (“KBOD Fitness”), of Shop 1, 11 Palm Beach avenue, Palm Beach, Queensland 4221 and/or use of the property, facilities and services of KBOD Fitness, including virtually on any digital platform currently and in the future that is owned or utilized by KBOD Fitness, I, agree for myself to the following:I will receive information and instruction about fitness. I recognize that fitness classes and exercises require physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any fitness classes, health, and wellness activity organized by KBOD Fitness. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in any fitness classes, health, and wellness activity offered by KBOD Fitness whether in a KBOD Fitness facility or virtually on any digital platform.
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by KBOD Fitness, or the employees, representatives or agents of KBOD Fitness.
In consideration of being permitted to participate in any fitness classes, health, and wellness activity organized by KBOD Fitness, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which might incur as a result of my participation.
In further consideration of being permitted to participate in any fitness classes, health, and wellness activity organized by KBOD Fitness, I knowingly, voluntarily, and expressly waive any and all claims I may have against KBOD Fitness, Kelii Grauer, or the employees, representatives or agents of KBOD Fitness thereof for injury or damages, known or unknown, that I may sustain as a result of my participation.
I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and further release and discharge KBOD Fitness for injury, loss or damage arising out of my use of or presence upon the facilities of KBOD Fitness, whether caused by the fault of myself, my family, KBOD Fitness or other third parties.
I agree to indemnify and defend KBOD Fitness against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my use or presence upon the facilities of KBOD Fitness.
I knowingly understand that certain fitness classes, health, and wellness activities organized by KBOD Fitness will be photographed and/or videotaped for the specific purpose of promoting the KBOD Fitness brand. I hereby grant KBOD Fitness permission to use such photos and/or videos of my image during any of these activities. Usage of these images can include, but is not limited to: print, electronic, television, film/digital, website, online, video streaming, and social media entities in perpetuity.
I agree to pay for all damages to the facilities of KBOD Fitness caused by my negligent, reckless, or willful actions. Any legal or equitable claim that may arise from participation in the above shall be resolved under Australian law as understood in the Australian Constitution. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that KBOD Fitness has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
I, my heirs or legal representatives forever release, waive, discharge, and covenant not to sue KBOD Fitness, Kelii Grauer, or the employees, representatives or agents of KBOD Fitness thereof for any injury or death caused by my voluntary participation in any fitness classes, health, and wellness activity organized by KBOD Fitness under the instruction Kelii Grauer or the employees, representatives or agents of KBOD Fitness thereof.
This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific terms, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
KBOD Fitness @HOME Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY. By registering as a member or by using the KBOD Fitness Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and KBOD Fitness and its parent . If you do not wish to be bound by this Agreement, do not use the KBOD Fitness Service.
1. Who May Use the KBOD Fitness service 2. License to Use the KBOD Fitness Service 3. Privacy 4. Membership Requirements 5. Membership Structure 6. Term and Termination; Account Deletion 7. Content Restrictions 8. Code of Conduct 9. Submissions 10. Your Representations and Warranties 11. Indemnification 12. Third Party Links and Content 13. Disclaimers 14. Limitation of Liability 15. Professional Advice Disclaimer / Medical Disclaimer 16. Intellectual Property 17. Copyright / DMCA Policy 18. General Provisions
1. Who May Use the KBOD FITNESS Service
AGE REQUIREMENT: You must be at least 18 years old to use the KBOD Fitness Service. If you are not 18 years old, you must first seek permission from a parent or guardian to use the service, who will then be asked to signed a guardian disclaimer.
2. License to Use the KBOD Fitness Service
LICENSE: KBOD Fitness grants you a limited, non-exclusive license to access and use KBOD Fitness Services for your own personal, non-commercial purposes. This includes the right to view content available on the KBOD Fitness. This license is personal to you and may not be assigned or sub-licensed to anyone else.
RESTRICTIONS: Except as expressly permitted by KBOD Fitness in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble KBOD Fitness, nor will you take any measures to interfere with or damage KBOD Fitness content and materials All rights not expressly granted by KBOD Fitness are reserved.
3. Privacy Agreement
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
4. Membership Requirements
REGISTRATION: To fully use KBOD Fitness services you must register as a member by providing a user name, password, and valid email address and mobile number via our booking software MindBody Online. You must provide complete and accurate registration information to KBOD Fitness and notify us if your information changes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorised users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using KBOD Fitness services. If you become aware of an unauthorised access to your account, you must change your password and notify us immediately at firstname.lastname@example.org
5. Membership Structure
OPTIONS: KBOD is a weekly service with a charge of $19.95 a week. KBOD Fitness reserves the right to charge for its services at any time. Features and prices are subject to change.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the KBOD Fitness and continue as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time by contacting KBOD Fitness email@example.com. A minimum of 48 hours notice is required prior to next renewed subscription period.
TERMINATION FOR BREACH: KBOD Fitness may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if KBOD Fitness determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage KBOD Fitness’s reputation and goodwill. If KBOD Fitness deletes your account for the foregoing reasons, you may not re-register for the KBOD Fitness service. KBOD Fitness may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by KBOD Fitness and its parent will terminate.
7. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
- Violates any law.
8. Code of Conduct
In using KBOD Fitness Services, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the Body Burn Online Site.
KBOD Fitness has the right, but not the obligation, to monitor all conduct on and content submitted to the KBOD Fitness website. KBOD Fitness reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion or to satisfy or comply with applicable laws, regulations and/or legal processes.
You agree to indemnify, defend, and hold harmless KBOD Fitness and its affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that: (i) arise from your activities on the KBOD Fitness Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to KBOD Fitness violates any law or infringes any third party right, including any intellectual property or privacy right.
10. Third Party Links and Content
KBOD Fitness is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any linked sites. You acknowledge and agree that KBOD Fitness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through the KBOD Fitness Sites and Service, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that KBOD Fitness shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
KBOD Fitness reserves the right to modify the KBOD Fitness Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to KBOD Fitness. KBOD Fitness has no obligation to screen or monitor any content and does not guarantee that any content available on the KBOD Fintess Service complies with this Agreement or is suitable for all users.
KBOD Fitness provides services on an “as is” and “as available” basis. You therefore use the KBOD Fitness Service at your own risk. KBOD Fitness expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, KBOD Fitness makes no representations or warranties:
- That the KBOD Fitness will be permitted in your jurisdiction;
- That the KBOD Fitness will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That the KBOD Fitness will meet your personal or professional needs;
- Concerning sites and resources outside of the KBOD Fitness even if linked to from the KBOD Fitness services.
To the extent that a secondary party may have access to or view KBOD Fitness content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the KBOD Fitness services, and no warranties shall apply after such period.
12. Limitation of Liability
To the fullest extent permitted by law: (i) KBOD Fitness shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) KBOD Fitness’s total liability to you shall not exceed the amounts paid by you to KBOD Fitness over the twelve (12) months preceding your claim(s).
13.Professional Advice Disclaimer/Medical Disclaimer
Professional Advice Disclaimer
The KBOD Fitness Service offers health, fitness and nutritional information and is designed for educational purposes only. You should consult your physician before beginning a new fitness or nutritional program. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the body burn online site. The use of any information provided on the KBOD Fitness Service is solely at your own risk.
Nothing stated or posted on the KBOD Fitness website or available through any KBOD Fitness Services are intended to be, and must not be taken to be, the practice of medical or counselling care. For purposes of this agreement, the practice of medicine and counselling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
The KBOD Fitness website is continually under development and KBOD Fitness makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in the KBOD Fitness site will always include the most recent findings or developments with respect to the particular material.
In becoming a Member of KBOD Fitness with the intent of using the KBOD Fitness services, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Body Burn Online.
If applicable, You further affirm that (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of KBOD Fitness.
KBOD Fitness reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.
KBOD Fitness is designed to improve your general health and fitness. However, it’s not designed to take account of any specific health conditions or injuries you may have, and can’t take the place of professional treatment. Exercise is not without its risks and this or any other exercise program may result in injury. To reduce the risk of injury, consult your doctor before beginning this or any other exercise or health program.
The instructors and advice presented on this website or in any video workout are in no way intended as a substitute for medical consultation. The instructor disclaims any liability from and in connection with this program. As with any exercise program, if at any point during a workout you feel faint, dizzy, or have physical discomfort, you should stop immediately and consult a physician.
14. Intellectual Property
The KBOD Fitness name, logos and affiliated properties, are the exclusive property of KBOD Fitness. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.