These Terms of Use (the
“Terms”) are a legal agreement between you and
Kodiak Fitness Center (
“Kodiak,” “we,” “us,” or
“our”) and govern your access to and use of
https://www.kodiakfitnesscenter.com/,
https://www.kodiakfitnesscentergold.com/ and any related webpages, mobile-accessible pages, features, content, forms, and online services we make available through the website (collectively, the
“Website”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.
FIRST. Acceptance of Terms
By accessing, browsing, submitting information through, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional policies or notices posted on the Website and incorporated by reference. If you use the Website on behalf of another person, business, or organization, you represent and warrant that you have authority to bind that person or entity to these Terms.
SECOND. Changes to Terms
Kodiak may modify or update these Terms at any time in its sole discretion. Any revised version will become effective when posted on the Website, unless a later effective date is expressly stated. Your continued use of the Website after the revised Terms are posted constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically for changes.
THIRD. Website Purpose. Eligibility and Access to the Website
The Website is intended for use only by adults residing in the United States, and by adults located outside the United States who voluntarily access the Website and agree to use it in accordance with the laws of the United States and these Terms. By accessing or using the Website, you represent, warrant, and agree that you meet the foregoing eligibility requirements and that you have the legal capacity to enter into and be bound by these Terms.
You are solely responsible for all costs and charges incurred in accessing the Website, including any fees charged by your internet service provider, wireless carrier, or other service providers. Access to certain features or portions of the Website may be restricted to registered members of Kodiak, and Kodiak reserves the right to limit, suspend, or terminate access to such areas at its sole discretion.
FOURTH. No Online Payment Processing; Independent Transactions; Broad Disclaimer
The Website does not process payments and is not a payment processor, merchant of record, money transmitter, or financial institution. The Website does not collect, store, or retain users’ credit card, debit card, bank account, or other payment information through the Website. Any membership, package, training, retail purchase, service, booking, event registration, subscription, or other transaction completed offline, in person, by telephone, or through any separate third-party platform, processor, application, marketplace, or service is independent from the Website and is not part of the Website’s functionality or services.
All such transactions are undertaken solely at the user’s own risk and are subject to any separate contracts, waivers, releases, authorizations, purchase terms, recurring billing terms, cancellation policies, refund policies, and other conditions presented by Kodiak or the applicable third party at the time of transaction. Kodiak reserves the absolute right, at any time and in its sole discretion, to refuse, reject, cancel, suspend, delay, condition, or limit any order, membership, package, reservation, registration, or transaction for any reason or for no stated reason.
FIFTH. Contact Forms and User Information
The Website may allow you to contact Kodiak by submitting information through an online form. Information collected may include your name, email address, mobile phone number, and comments or message content. You agree to provide current, accurate, and complete information when using any contact form or communicating with us through the Website. You may not impersonate another person, submit false information, or use the Website to send unlawful, misleading, abusive, or fraudulent communications.
SIXTH. Consent to Communications
If you provide your email address, mobile phone number, or other contact information through the Website, you consent to receive communications from Kodiak relating to your inquiry, memberships, classes, scheduling, personal training, customer service, operational notices, and, where permitted by law, marketing or promotional communications. You acknowledge that message and data rates may apply to text or mobile communications, depending on your carrier and service plan.
SEVENTH. Privacy and Data Use
Kodiak does not sell personal information collected through the Website and does not sell, share, or disclose mobile phone numbers or other personal information to third parties, affiliates, or partners for their marketing, advertising, or promotional purposes. Mobile data will not be shared or sold for advertising or promotional use.
EIGHTH. License and Permitted Use
Subject to your compliance with these Terms, Kodiak grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website solely for your personal, lawful, and non-commercial use. No right, title, or interest in the Website or any content is transferred to you except for this limited license.
NINTH. Prohibited Conduct
You agree that you will not: (a) use the Website for any unlawful, fraudulent, or unauthorized purpose; (b) interfere with or disrupt the operation, security, or functionality of the Website; (c) attempt to gain unauthorized access to the Website, its servers, accounts, or related systems; (d) upload, transmit, or introduce viruses, malware, malicious code, or other harmful material; (e) scrape, crawl, harvest, extract, or collect Website data by automated or manual means; (f) copy, reproduce, republish, distribute, modify, reverse engineer, decompile, or commercially exploit any part of the Website; (g) impersonate any person or entity or misrepresent your affiliation with any person or entity; or (h) use the Website in a manner that could expose Kodiak or others to liability or damage.
TENTH. Intellectual Property
The Website and all content, features, functionality, text, graphics, photographs, videos, audio, branding, logos, icons, images, data, information, trade names, layouts, code, software, and other materials made available on or through the Website (collectively, the “Content”) are owned by Kodiak or its licensors and are protected by applicable intellectual property and other laws. The Content is licensed, not sold, to you. Kodiak and its licensors expressly reserve all rights not expressly granted in these Terms.
ELEVENTH. User Submissions and User Content
You may submit comments, reviews, suggestions, questions, and other communications regarding the Website. Except for personal information handled in accordance with Kodiak’s privacy practices, all User Submissions will be treated as non-confidential and non-proprietary. By submitting User Content, you grant Kodiak a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, modify, publish, and distribute such materials for any lawful business purpose.
TWELFTH. Health and Medical Disclaimer
Kodiak is not a health care or medical provider. The Website and any fitness or wellness-related materials made available through the Website are provided for general informational and educational purposes only and do not constitute medical advice, diagnosis, treatment, personal training supervision, nutrition counseling, physical therapy advice, or other professional healthcare services. You should consult a qualified physician or other licensed healthcare provider before beginning or modifying any exercise, fitness, nutrition, or wellness program.
THIRTEENTH. Assumption of Risk
Participation in exercise or fitness activities involves inherent and other risks, including without limitation slips, falls, collisions, improper equipment use, overexertion, dehydration, aggravation of pre-existing conditions, illness, serious bodily injury, disability, heart-related events, paralysis, and death. By accessing the Website, you acknowledge the existence of such risks and agree that any decision to attempt or perform such activities is voluntary and undertaken at your own risk.
FOURTEENTH. Release and Limitation of Liability
To the maximum extent permitted by applicable law, Kodiak and its parents, subsidiaries, affiliates, and their respective officers, directors, members, managers, employees, contractors, service providers, agents, successors, and assigns shall not be liable to you or any other person for any indirect, incidental, consequential, special, punitive, or exemplary damages, including without limitation loss of use, lost data, lost business, lost profits, personal injury, or death, arising out of or related to the Website or these Terms.
FIFTEENTH. No Warranty as to Website Content or Availability
The Website and all content made available through it are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Kodiak disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted access.
SIXTEENTH. Third-Party Links and Services
The Website may contain links to third-party websites, social media platforms, maps, scheduling tools, video platforms, or other external services not owned or controlled by Kodiak. Kodiak is not responsible for the content, terms, policies, availability, or practices of any third-party site or service. Your use of third-party sites or services is at your own risk.
SEVENTEENTH. Indemnification
You agree to defend, indemnify, and hold harmless Kodiak and its owners, officers, directors, managers, employees, trainers, contractors, affiliates, agents, successors, and assigns from and against any claims, actions, demands, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Website, your violation of these Terms, or your violation of any law or third-party right.
EIGHTEENTH. Compliance With Applicable Law
You agree to use the Website in accordance with all applicable laws, rules, and regulations. Kodiak intends that these Terms be interpreted and enforced consistently with applicable consumer protection laws, including the Florida Deceptive and Unfair Trade Practices Act and other non-waivable protections under Florida law.
NINETEENTH. Governing Law and Venue
These Terms and any dispute arising out of or relating to the Website or these Terms shall be governed by the laws of the State of Florida, without regard to its conflict of law rules. Any legal action or proceeding arising out of or relating to these Terms shall be brought in the state or federal courts located in Florida, and each party consents to the personal jurisdiction and venue of those courts.
TWENTIETH. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
TWENTY-FIRST. No Waiver
No waiver by Kodiak of any breach or default under these Terms shall be deemed a waiver of any prior or subsequent breach or default.
TWENTY-SECOND. Entire Agreement
These Terms constitute the entire agreement between you and Kodiak with respect to your use of the Website and supersede all prior or contemporaneous communications concerning that subject matter, except for any separate membership agreement, waiver, class registration terms, personal training agreement, retail sales terms, or other written agreement expressly applicable to a particular product or service.
TWENTY-THIRD. Health Studio and Membership Matters
To the extent Kodiak offers memberships or services that are subject to specific statutory rules, disclosures, cancellation rights, or separate contract requirements under applicable Florida law, those matters will be governed by the applicable membership or service agreement and controlling law, in addition to these Terms.
TWENTY-FOURTH. Contact Information
Questions regarding these Terms or the Website may be directed to Kodiak Fitness Center through the contact methods made available on the Website.
TWENTY-FIFTH. Effective Date
These Terms are effective as of the date posted on the Website.