Terms & Conditions
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.
These Terms are intended to be interpreted in accordance with applicable law, including the Florida Uniform Electronic Transactions Act (Fla. Stat. § 668.50), which recognizes electronic records, signatures, and contracts in qualifying transactions.
TERMS OF USE
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, without limitation, 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, chargeback policies, fulfillment terms, and other conditions presented by Kodiak or the applicable third party at the time of transaction. Kodiak may require execution of additional agreements, waivers, acknowledgments, or authorizations as a condition to any purchase, participation, access, scheduling, delivery, or continued service.
To the fullest extent permitted by Florida law and all other applicable U.S. law, Kodiak shall have no responsibility or liability whatsoever for any transaction not processed directly through the Website, or for any act, error, omission, interruption, delay, malfunction, outage, rejection, decline, reversal, dispute, chargeback, nonperformance, misconduct, negligence, or unauthorized conduct of any third-party processor, payment platform, financial institution, merchant provider, software provider, seller, trainer, contractor, or other third party involved in or relating to such transaction. This disclaimer includes, without limitation, any claim or loss arising from billing errors, duplicate charges, unauthorized charges, payment fraud, theft, identity theft, data breach, interception of payment information, processor downtime, failed payments, delayed refunds, incorrect charges, or refusal of service.
By engaging in any such transaction, you acknowledge and agree that Kodiak does not control and is not responsible for any third-party payment or transaction environment, and that your sole and exclusive remedy for any dispute relating to such transaction shall be against the applicable third party or under the separate terms governing that transaction, except to the extent otherwise required by non-waivable law.
Kodiak reserves the absolute right, at any time and in its sole discretion, with or without notice, to refuse, reject, cancel, suspend, delay, condition, or limit any order, membership, package, reservation, registration, subscription, or transaction for any reason or for no stated reason, to correct pricing or descriptive errors, and to impose additional conditions precedent to acceptance or performance, including execution of separate agreements or verification requirements. No transaction shall be deemed accepted until finally approved by Kodiak, if applicable, and full compliance with all required terms has been satisfied.
All fees, deposits, charges, renewals, refunds, credits, exchanges, cancellations, and transfer rights, if any, are governed exclusively by the terms presented in connection with the applicable transaction, except where prohibited by applicable law. Nothing on the Website shall be construed as creating any obligation to honor any price, promotion, availability statement, offer, or transaction unless and until Kodiak expressly confirms it under the applicable transaction terms.
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. You may opt out of promotional communications as permitted by applicable law, but Kodiak may still send non-promotional administrative or transactional communications where appropriate.
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. Any disclosure of personal information to third-party service providers is limited to what is reasonably necessary to operate the Website or to provide services and is subject to appropriate confidentiality and data protection restrictions. Mobile data will not be shared or sold for advertising or promotional use.
Kodiak may collect and use information submitted through the Website for legitimate business purposes, including responding to inquiries, communicating with users, maintaining business records, improving services, and operating the Website.
If Kodiak posts a separate Privacy Policy on the Website, that policy is incorporated into these Terms by reference to the extent applicable. In the absence of a separate posted Privacy Policy, these Terms govern basic notice regarding Website data collection and use.
Users should not submit sensitive medical information, diagnosis details, treatment records, payment card data, or other highly confidential information through general Website forms unless specifically requested through a secure method designated by Kodiak.
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, including, without limitation, using the Website or any portion thereof for any commercial purpose or for the benefit of any third party, including by selling, leasing, renting, licensing, assigning, transferring, hosting, sublicensing, or otherwise commercially exploiting the Website or any portion thereof;
(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, programmed, or manual means, including, without limitation, to access, acquire, copy, monitor, or make submissions through any portion of the Website;
(f) copy, reproduce, republish, distribute, modify, reverse engineer, decompile, disassemble, create derivative works from, or commercially exploit any part of the Website, including, without limitation, removing, altering, bypassing, avoiding or circumventing any copyright, trademark or digital rights management mechanisms or other content protection measures included in or associated with the Website or any portion thereof;
(g) impersonate any person or entity or misrepresent your affiliation with any person or entity, including the use of a false email address or other identifying information; or
(h) use the Website in a manner that could expose Kodiak or others to liability or damage, including, without limitation, any action that may impose an unreasonable burden or load on the Website, its servers, and/or infrastructure.
TENTH. Intellectual Property
The Website and all content, features, functionality, text, graphics, photographs, videos, audio, branding, logos, icons, images, data, information, trade names, layouts, class descriptions, schedules, code, software, and other materials made available on, through, or otherwise included in the Website (collectively, the “Content”) are owned by Kodiak or its licensors and are protected by applicable intellectual property, unfair competition, and other laws.
The Content, including the selection, coordination, arrangement, and enhancement thereof, as well as the design, layout, and overall “look and feel” of the Website, constitutes valuable intellectual property of Kodiak and is protected by copyright, trademark, and other applicable intellectual property rights and laws.
The Content is licensed, not sold, to you. Your limited right to access and use the Website and the Content is conditioned upon your compliance with these Terms. No downloading, copying, or other use of the Content, even with Kodiak’s permission, transfers to you any ownership, title, or other interest in or to the Website or the Content. Kodiak and its licensors expressly reserve all rights not expressly granted in these Terms and may revoke your license to access or use any part of the Website or the Content at any time.
ELEVENTH. User Submissions and User Content
You can submit your comments, reviews, suggestions, questions, and other communications regarding the Website, Digital Properties, and our services (collectively, “User Submissions”) as well as upload, post, or share your content, images, videos, pictures, and statements (collectively, “User Content”) to Kodiak. Except for personal information handled in accordance with Kodiak’s privacy practices, all User Submissions will be treated as non-confidential and non-proprietary.
Kodiak’s policy is not to accept or consider unsolicited ideas or materials that you do not wish to license to Kodiak, including ideas for new or improved products, services, technologies, marketing campaigns, or other creative materials (collectively, “Your Unsolicited Ideas”). Accordingly, you agree not to submit any of Your Unsolicited Ideas. If you nonetheless submit any of Your Unsolicited Ideas, you acknowledge that it will be treated as User Submissions and freely licensed to Kodiak without restriction, obligation, notice, or compensation, and you waive any related claims against Kodiak.
You retain ownership of your User Submissions and User Content. However, by uploading, posting, or otherwise sharing any User Submissions or User Content through the Website, you grant Kodiak (and its affiliates, licensees, contractors, agents, successors, and assigns) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, publicly display or perform, create derivative works from, and otherwise exploit such materials for any lawful business purpose, without notice or compensation to you. Kodiak may, but is not obligated to, provide attribution, and you waive any moral rights you may have in such materials.
By submitting User Submissions or User Content in which you appear, you also consent to Kodiak’s use of your name, likeness, voice, appearance, and other identifying characteristics contained in such content in connection with the foregoing license.
You represent and warrant that you have the rights necessary to submit any User Submissions and User Content you provide, and that your submission does not violate any law or infringe any third-party rights. User Submissions and User Content you submit may remain on the Website and may not be removable, and Kodiak is not responsible for any loss of such materials.
TWELFTH. Health and Medical Disclaimer
Kodiak is not a health care or medical provider. The Website and the content, features, services, videos, demonstrations, workouts, exercises, regimens, nutritional information, or other fitness or wellness-related materials made available through the Website (collectively, “Fitness Content”) 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. The Fitness Content is not intended to determine the state of your health or to be relied upon as a substitute for professional medical evaluation or care, and it is not tailored to any individual’s health status, fitness level, medical condition, or physical limitations.
You should consult a qualified physician or other licensed healthcare provider before beginning or modifying any exercise, fitness, nutrition, or wellness program, particularly if you have any medical condition, injury, disability, or other health concern. You acknowledge that the exercises, techniques, and activities described or demonstrated on the Website may not be appropriate for all individuals and may involve potentially hazardous physical activity.
By accessing or using any Fitness Content, you acknowledge that you do so voluntarily and at your own risk, and you assume all risks associated with participation in any exercise or fitness activity. You should not attempt any exercise beyond your current physical capabilities and should immediately stop any activity if you experience pain, dizziness, shortness of breath, illness, discomfort, or other adverse symptoms, and seek medical attention as appropriate.
To the maximum extent permitted by applicable law, Kodiak makes no representations or warranties regarding the Fitness Content and is not responsible for your use of or reliance on such materials. You agree that your decision to access or use any Fitness Content is solely at your own risk, and Kodiak shall not be liable for any loss, damage, injury, or adverse health consequence, including personal injury or death, arising from or related to your use of or reliance on the Fitness Content.
THIRTEENTH. Assumption of Risk
Participation in exercise or fitness activities, gym workouts, personal training, group classes, boxing activities, kickboxing, Muay Thai, cycling, HIIT, bootcamp, strength training, stretching, functional training, and similar activities involves inherent and other risks. These risks may include, 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.
These risks may arise from participation in activities offered by Kodiak, from the use of fitness facilities or equipment, or from attempting exercises, movements, or training techniques demonstrated, described, or discussed on the Website, including through videos, instructional content, or other online materials.
By accessing the Website and choosing to view, learn about, or attempt any exercise or training activity that may be presented on 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, to the fullest extent permitted by applicable law.
Your use of the Website does not create any trainer-client relationship, coaching relationship, or supervision arrangement between you and Kodiak, and Kodiak does not monitor or supervise any exercise activity you may perform after viewing Website content.
FOURTEENTH. Release and Limitation of Liability
You are solely responsible for any damage to your computer hardware, software, systems, or networks, and for any loss of data that may result from downloading or accessing any information or materials from the Website.
To the maximum extent permitted by applicable law, your sole and exclusive remedy for any dissatisfaction with the Website is to stop using it.
To the maximum extent permitted by law, Kodiak and its parents, subsidiaries, affiliates, and their respective officers, directors, members, managers, employees, contractors, service providers, agents, successors, and assigns (collectively, the “Kodiak Parties”) 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, Digital Properties, or these Terms.
If, notwithstanding the foregoing, any Kodiak Party is found liable for any claim arising out of or related to the Website, or these Terms, then to the maximum extent permitted by law, the total aggregate liability of the Kodiak Parties shall not exceed the amount paid by you, if any then it shall not exceed ten dollars (US $10.00), even if a remedy fails of its essential purpose.
To the fullest extent permitted by law, Kodiak also disclaims liability for any injuries, damages, losses, or claims arising out of or relating to participation in physical activities, training, classes, or use of fitness facilities, except to the extent such liability cannot lawfully be disclaimed.
Any separate waiver, release, membership agreement, class registration agreement, or personal training agreement required by Kodiak in connection with in-person participation or a specific service will supplement these Terms and may control with respect to that particular service or activity.
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.
Kodiak does not warrant that the Website will be error-free, secure, uninterrupted, or free of viruses or other harmful components, or that any content will always be complete, current, or accurate.
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 and may be governed by separate terms and privacy policies.
To the maximum extent permitted by law, Kodiak makes no representations or warranties regarding third-party sites and has no responsibility for such third-party sites or the contents, features, or operation of such third-party websites.
To the maximum extent permitted by law, Kodiak will not be liable for any loss or damage arising out of or in connection with our access to, use of, or reliance on any third-party websites.
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, User Submissions, User Content, Your Unsolicited Ideas, or your violation of any law or third-party right, either by or through your account, if any, whether taken by you or another person accessing or using your account, if any, with or without authorization.
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.
You acknowledge that you are solely responsible for your User Content and your interactions, and Kodiak does not endorse or control User Content provided by you or others. You acknowledge that content from other users may be objectionable or offensive, and you have no claim against Kodiak for such content. Therefore, you agree that your User Content and interactions:
– User Content is not confidential and may be viewed or used by others. Do not include personally identifiable information.
– Do not bully, harass, threaten, or interfere with other users.
– Avoid offensive, obscene, defamatory, sexually explicit, or otherwise inappropriate content.
– Do not promote dangerous, illegal, or reckless behavior.
– Only post content, including User Submissions and User Content, that you own and that does not infringe on others’ rights.
– Do not impersonate others or misrepresent affiliations.
– Do not use the Website for advertising, solicitation, or spam.
– Do not post viruses, malware, or use automated tools to disrupt the platform.
Kodiak may monitor compliance, remove or refuse content, intervene in disputes, or disclose content as required by law. Violations may result in suspension, termination, or legal action.
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. No Waiver. Severality. Assignment. Relationship.
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. Nothing in these Terms creates an agency, partnership, or any form of joint enterprise between you and Kodiak. Kodiak’s failure to enforce any provision or exercise any right under these Terms does not waive that provision or right, and any waiver of a breach will not constitute a waiver of any other provision or future breaches. Any waiver must be in writing and signed by an authorized representative of Kodiak to be effective. If a court of competent jurisdiction finds any provision of these Terms unenforceable or invalid, that provision will be enforced to the fullest extent allowed by law, and the remaining provisions will remain in full force. Kodiak may amend or replace any invalid provision with a valid one that closely reflects our original intent. Kodiak may assign our rights and delegate our obligations under these Terms at any time without notice. You may not assign your rights under these Terms without our prior written consent. Headings are for convenience only and do not affect interpretation. These Terms benefit Kodiak’s successors and assigns.
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.