PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Total Body Fitness, LLC ("Total Body Fitness," "we," "us," or "our") governing your access to and use of our website located at totalbodyfitnesskc.com (the "Website") and all related services, features, content, and applications offered by or through the Website (collectively, the "Services").
If you do not agree to these Terms, you must not access or use the Website or Services.
Note: If you sign up for a membership at our facility, you will also enter into a separate Membership Agreement with additional terms and conditions specific to facility use. These website Terms of Service supplement, but do not replace, the Membership Agreement.
Total Body Fitness operates a 24-hour fitness facility and provides the following services through our Website:
Service Availability: We strive to maintain continuous Website availability but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice or liability.
To access certain Services, including online membership registration and the member portal, you must create an account. When creating an account, you agree to:
You are solely responsible for any and all activities conducted through your account, whether or not authorized by you.
We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including violation of these Terms, fraudulent activity, or provision of false information.
You may register for a gym membership through our Website. By completing the online registration process, you:
Payment Processor: All payments are processed securely through third-party payment processors (including Stripe and other PCI-DSS compliant providers). We do not store complete credit card or bank account numbers on our servers.
By providing payment information, you represent and warrant that you are authorized to use the payment method and authorize us to charge all membership fees, additional services, and applicable taxes to your payment method.
Membership prices, enrollment fees, and additional service charges are listed on the Website and confirmed during the registration process. We reserve the right to change pricing at any time, but such changes will not affect existing members during their current membership commitment period.
Membership cancellation, refund policies, and notice requirements are governed by your Membership Agreement. Website access and online account services may be terminated separately from your facility membership. Refer to your Membership Agreement for complete cancellation terms.
3-Day Cooling Off Period: Missouri law provides a three (3) business day right to cancel new memberships. See your Membership Agreement for complete details.
THE INFORMATION, CONTENT, WORKOUT ROUTINES, NUTRITIONAL ADVICE, AND FITNESS TIPS PROVIDED ON THIS WEBSITE ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL CONSULTATION, DIAGNOSIS, OR TREATMENT.
ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE BEGINNING ANY EXERCISE PROGRAM, DIET, OR NUTRITIONAL SUPPLEMENT PROGRAM.
Total Body Fitness and its staff are not medical professionals. Any fitness advice, workout suggestions, nutritional information, or wellness tips provided through this Website are general recommendations only and are not tailored to your individual health condition, fitness level, or medical history.
Exercise and physical activity involve inherent risks of injury, illness, disability, or death. By using the information or advice provided on this Website, you acknowledge and accept these risks and agree that:
We make no guarantees regarding fitness results, weight loss, muscle gain, health improvements, or any other outcomes. Individual results vary based on numerous factors including genetics, effort, consistency, diet, sleep, and pre-existing medical conditions.
Any nutritional information, meal plans, or dietary recommendations provided on the Website are for general educational purposes only. We are not registered dietitians or nutritionists unless specifically stated. Consult with a qualified nutritionist or dietitian before making significant dietary changes.
Any references to nutritional supplements, fitness products, or equipment on the Website are informational only. Consult your healthcare provider before using any supplements. We are not responsible for adverse reactions or interactions with medications.
By using our Website and Services, you agree to comply with all applicable laws and refrain from engaging in prohibited activities.
You may NOT use the Website or Services to:
Sharing your member account login credentials or facility access codes with unauthorized individuals is strictly prohibited. Violations may result in account termination, membership cancellation, and penalties up to $500 as specified in your Membership Agreement.
Violation of these Terms may result in:
The Website and all its content, features, and functionality (including but not limited to text, graphics, logos, images, videos, software, and design) are owned by Total Body Fitness, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The "Total Body Fitness" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Total Body Fitness or its affiliates. You may not use such marks without our prior written permission.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use only. This license does not include:
We respect the intellectual property rights of others. If you believe that content on our Website infringes your copyright, please notify us with the following information:
Send DMCA takedown notices to: info@totalbodyfitness.com
Our Website may allow you to post comments, reviews, testimonials, or other content ("User Content"). By submitting User Content, you grant Total Body Fitness a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, translate, distribute, and display such content in any media.
User Content must not:
We reserve the right (but have no obligation) to monitor, edit, or remove any User Content at our sole discretion, at any time, without notice, for any reason. We do not endorse or guarantee the accuracy of User Content.
You are solely responsible for your User Content and the consequences of posting it. We are not responsible or liable for any User Content posted by you or any third party.
Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Total Body Fitness. These links are provided for your convenience only.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites. You acknowledge and agree that Total Body Fitness shall not be responsible or liable for any damage or loss caused by your use of third-party websites.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Our Website may integrate with social media platforms (Facebook, Instagram, YouTube, etc.). Your interactions with these platforms are governed by their respective terms of service and privacy policies.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
Total Body Fitness, its subsidiaries, affiliates, and licensors do not warrant that:
Your use of the Website and Services is at your sole risk. No oral or written information or advice obtained from Total Body Fitness shall create any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You may have other rights that vary by jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOTAL BODY FITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
Maximum Liability: In no event shall Total Body Fitness's total liability to you for all damages, losses, and causes of action exceed the amount you paid to Total Body Fitness in the twelve (12) months prior to the claim, or One Hundred Dollars ($100), whichever is greater.
The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not Total Body Fitness has been informed of the possibility of such damage.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Total Body Fitness, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
This indemnification obligation will survive termination of your account and these Terms.
Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at totalbodyfitnesskc.com/privacy-policy to understand how we collect, use, and protect your personal information.
By using our Website, you consent to our collection, use, and sharing of your information as described in the Privacy Policy.
We reserve the right to terminate or suspend your access to the Website and Services immediately, without prior notice or liability, for any reason, including but not limited to:
You may stop using the Website at any time. If you wish to terminate your member account or cancel your membership, you must follow the cancellation procedures outlined in your Membership Agreement.
Upon termination:
IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Before filing a claim, you agree to contact us at info@totalbodyfitness.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website or Services that cannot be resolved informally shall be resolved by binding arbitration, except as specified below in Section 15.4.
YOU AND TOTAL BODY FITNESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
The following disputes are NOT subject to arbitration:
YOU AND TOTAL BODY FITNESS WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES.
We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by:
Your continued use of the Website and Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Website and Services.
It is your responsibility to review these Terms periodically for changes. We recommend checking this page every time you access the Website.
These Terms and your use of the Website and Services shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions.
To the extent that arbitration does not apply, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Jackson County, Missouri, and you consent to the personal jurisdiction and venue of such courts.
These Terms, together with our Privacy Policy and any separate Membership Agreement, constitute the entire agreement between you and Total Body Fitness regarding the Website and Services and supersede all prior agreements and understandings.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by Total Body Fitness.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, fire, flood, earthquake, government restrictions, power failures, or internet disruptions.
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.
By using the Website, you consent to receive electronic communications from Total Body Fitness, including emails, text messages (if you opt in), and notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision.
If you have any questions, concerns, or complaints about these Terms of Service, please contact us:
We will respond to your inquiry within 2-3 business days.
BY USING THE TOTAL BODY FITNESS WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
If you do not agree to these Terms, you must immediately discontinue use of the Website and Services.
© 2024 Total Body Fitness, LLC. All rights reserved.