Effective Date: June 20 2024

Welcome to KBFit Crew. By using this app, you agree to be bound by the following terms and conditions (the “Terms”). Please read them carefully before accessing or using our services.

 

1. Acceptance of Terms

By accessing or using the KBFit Crew app (the “App”) or any services provided by KayBishopFitness (“Company”, “we”, or “us”), you (“User”) agree to these Terms. If you do not agree to these Terms, do not use the App.

 

2. Health Disclaimer and Assumption of Risk

You understand and acknowledge that physical exercise, in any form, carries an inherent risk of injury, including but not limited to sprains, muscle tears, and other physical harm. By using the App, you voluntarily engage in physical activity and assume full responsibility for any injury, damage, or loss that may occur.

 

You agree that:

•  You have consulted with your physician or healthcare provider before starting any fitness program available through the App.
•  You perform all exercises at your own risk.
•  KayBishopFitness and its affiliates, employees, agents, contractors, and licensors are not responsible for any injuries or health issues arising from your participation in any program offered on the App.

 

3. No Medical Advice

• The App and its contents, including workouts, meal plans, and nutritional information, are for informational purposes only and are not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of your healthcare provider before starting any fitness program or making any changes to your diet.

 

4. Subscription and Payment Terms

• By signing up for a subscription, you agree to pay the recurring subscription fee as indicated during the registration process.
• Subscriptions are billed on a [monthly/annual] basis and automatically renew unless cancelled at least [X] days before the next billing cycle.
•  You are responsible for all applicable taxes in your jurisdiction.
•  Refunds are not available for partially used subscription periods.
•  You may cancel your subscription at any time by following the instructions within your account settings. Cancellation will take effect at the end of the current billing period.

 

5. Cancellation Policy

You may cancel your subscription at any time by accessing your account settings in the App. No refunds will be provided for any unused portion of your subscription. If you cancel, you will still have access to the App and its services until the end of your billing cycle.

 

6. Limitation of Liability

To the fullest extent permitted by law, KayBishopFitness and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers are not liable for any indirect, incidental, consequential, or special damages (including but not limited to loss of profits, loss of data, or injury) arising from:

• Your use of, or inability to use, the App or its services.
•  Any reliance you place on the content provided within the App.
•  Any injury or damage resulting from participation in any fitness program provided by the App.

In no event will our total liability exceed the subscription fees paid by you for the last three months of service.

 

7. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of [Your Province], Canada, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the courts of [Your Province], Canada.

 

8. Dispute Resolution

Any disputes arising from or related to these Terms or the App shall first be resolved through good faith negotiations between the parties. If the dispute is not resolved within 60 days, you agree to submit the matter to mediation administered by the Canadian Arbitration Association under its commercial mediation rules.

 

If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in [Your Province], Canada, and the parties agree to exclusive venue in [Your Province], Canada. The decision of the arbitrator shall be final and binding.

 

9. Assumption of Risk

By using the App, you acknowledge that you are voluntarily engaging in fitness activities and assume all risks associated with such activities, including but not limited to the risk of injury, heart attack, stroke, or other medical conditions. You agree to hold KayBishopFitness harmless from any liability or claims that may arise out of your use of the App.

 

10. Intellectual Property

All content available through the App, including but not limited to text, videos, graphics, logos, and software, is the property of KayBishopFitness or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without the prior written consent of KayBishopFitness.

 

11. User Conduct

You agree not to:

•  Use the App for any unlawful purpose.
•  Share your login credentials with others or allow others to access the App using your account.
•  Post or transmit any content that is offensive, defamatory, or infringing on the rights of others.
•  Attempt to reverse-engineer or otherwise interfere with the functionality of the App.

 

12. Indemnification

You agree to indemnify and hold harmless KayBishopFitness, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the App, any breach of these Terms, or your violation of any law or the rights of a third party.

 

13. Subscription Auto-Renewal

By signing up for a subscription to the App, you agree that your subscription will automatically renew at the end of each billing cycle unless you cancel. Your payment method on file will be charged the recurring fee as specified during sign-up.

 

14. No Class Action

You agree that any disputes with KayBishopFitness must be resolved on an individual basis and not as part of any class or collective action.

 

15. Modifications to the Terms

We reserve the right to update or modify these Terms at any time without prior notice. The most current version of the Terms will be posted on the App. Continued use of the App following any modifications constitutes your acceptance of the updated Terms.

 

16. Termination

We reserve the right to terminate your account and access to the App for any reason, including violation of these Terms, without notice or liability.

 

17. Entire Agreement

These Terms constitute the entire agreement between you and KayBishopFitness concerning your use of the App and supersede all prior agreements.

 

Contact Us

If you have any questions about these Terms, please contact us at [email protected]