These Terms of Service (“Terms”) apply to your access to and use of the FFKC Training Hub mobile application, websites, and community products, including fitness training, community message boards, and event notifications (collectively, our “Services”) provided by Fitness Factory KC, LLC (“Fitness Factory KC”, “we”, or “us”).

By accessing or using the FFKC Training Hub, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 19, do not access or use our Services.

1. Eligibility and Authority

You must be at least 18 years of age to use our Services. If you are using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on their behalf and that they agree to be responsible to us if these Terms are violated.

2. Accounts; Account Security; Electronic Communications

To access the FFKC Training Hub, you must register for an account. You agree to provide accurate information and keep it updated. You are responsible for maintaining the security of your account and must notify us immediately of any unauthorized access.

By creating an account, you consent to receive electronic communications from Fitness Factory KC (e.g., via email or app notifications). These may include notices about your account, fitness tips, and community updates.

3. Privacy

Please refer to our Privacy Policy at fitnessfactorykc.com/privacy for information about how we collect, use, and disclose information about you.

4. Our Services; License

Our Services allow you to create, post, and share fitness content, including workout logs, photos, videos, and messages (“Community Content”). You retain all rights to your content. However, you grant Fitness Factory KC a nonexclusive, royalty-free, worldwide, and sub-licensable license to use, reproduce, and display your Community Content to the audience you designate within the app.

We may use Community Content internally to improve the effectiveness of our training programs and detect technical issues. We do not disclose your specific contact data to third parties except to provide the Services or as required by law.

5. Prohibited Conduct

When using the FFKC Training Hub, you will not:

Engage in harassing, threatening, intimidating, or stalking behavior.

Impersonate any person or entity, including Fitness Factory KC staff.

Use the Services for any illegal or unauthorized purpose.

Attempt to bypass content-filtering or scrape data from the application.

Post "spam" or unsolicited commercial messages to the community boards.

6. Terms of Use & Purchases

The FFKC Training Hub may offer both free community features and paid subscription-based training programs.

Free Access: Access to the community hub is currently free; however, we reserve the right to modify access levels.

Subscriptions: If you sign up for a paid training program, you agree to recurring charges (monthly or annually) until you cancel.

Cancellations: You may cancel paid subscriptions via the app settings or by contacting us. Cancellations take effect at the end of the current billing cycle.

7. Limited License; Copyright and Trademark

The FFKC Training Hub, including its text, graphics, and training videos (the “FFKC Content”), is owned by or licensed to Fitness Factory KC, LLC. You are granted a limited, nonexclusive, revocable license to use the app for your personal fitness journey. You may not sell, resell, or commercially exploit the FFKC Content.

8. Third Party Content

We may display content from third parties (such as nutrition links or fitness gear ads). We do not control or endorse this content and are not responsible for any interactions you have with third parties.

9. Feedback

Any suggestions or ideas you submit regarding the app (“Feedback”) become the property of Fitness Factory KC, and we may use them without compensation to you.

10. Health and Safety Disclaimer

CONSULT A PHYSICIAN BEFORE STARTING ANY EXERCISE PROGRAM. The FFKC Training Hub provides fitness information for educational purposes only. You assume all risk for physical injury resulting from the use of the workouts or information provided.

11. Indemnification

You agree to defend and hold harmless Fitness Factory KC, LLC and its officers from any claims, damages, or costs arising out of your use of the Services or violation of these Terms.

12. Limitation of Liability

Fitness Factory KC, LLC will not be liable for any indirect, incidental, or special damages. Our total liability for any claim relating to the Services is limited to the amount paid by you, if any, to access the app.

13. Dispute Resolution; Binding Arbitration

Please read carefully. You and Fitness Factory KC waive your rights to a jury trial. All disputes arising out of these Terms or the FFKC Training Hub will be resolved through confidential binding arbitration in Johnson County, Kansas. You agree to resolve disputes solely on an individual basis and not as a class action.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Kansas. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Johnson County, Kansas.

15. Termination

We reserve the right to terminate your access to the FFKC Training Hub at our sole discretion, without notice, for conduct that violates these Terms.

Contact Us

Fitness Factory KC, LLC

10550 W 103rd St.

Overland Park, KS 66214

Phone: (913) 395-9015

Email: [email protected]

Web: fitnessfactorykc.com