TERMS AND CONDITIONS

& WAIVER AND RELEASE OF LIABILITY

Last updated March 07, 2024

Welcome to Kondition. The konditionfitness.com website (the “Site”) is composed of various web pages operated by Kondition, LLC (“Kondition”). http://www.konditionfitness.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of konditionfitness.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Kondition is an E-Commerce site providing memberships and class packages for in-person and on-line group fitness classes for Barre, Cycle, Strength, HIIT, Mat Pilates, Yoga and more.

Privacy

Your use of the Site is subject to Kondition’s Privacy Policy, which terms are incorporated by reference into this agreement. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting konditionfitness.com or sending emails to Kondition constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kondition is not responsible for third party access to your account that results from theft or misappropriation of your account. You agree any violation of these terms or of the Privacy Policy may result in Kondition or its associates to take action safeguarding its website and related services including the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Kondition does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use konditionfitness.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Unlimited memberships are charged monthly on a specific date and will not be eligible for a refund once the transaction is completed. All memberships require a 10-day written notice prior to their next billing cycle in order to terminate the membership. Punch pass purchases are not refundable or transferable.

We require a 6-hour cancellation notice. If you can cancel your class up to 6 hours prior to the class start time, the class will be credited back to your account and there is no cancellation fee. Members who cancel within 6 hours of your scheduled class time will be assessed a late cancel fee of $10.00.

Links to Third Party Sites/Third Party Services

konditionfitness.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Kondition and Kondition is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kondition is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kondition of the site or any association with its operators.

Certain services made available via konditionfitness.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the konditionfitness.com domain, you hereby acknowledge and consent that Kondition may share such information and data with any third party with whom Kondition has a contractual relationship to provide the requested product, service or functionality on behalf of konditionfitness.com users and customers. Further, you may be able to connect your Kondition account to third party sites, organizations or accounts. (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. Upon written request, Kondition will provide you a list of these third parties.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use konditionfitness.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kondition that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kondition LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kondition content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kondition LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kondition or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Kondition from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kondition Content accessed through konditionfitness.com in any state or country in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Kondition, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kondition reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kondition in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue for any proceeding in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KONDITION FITNESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

KONDITION FITNESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KONDITION FITNESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KONDITION FITNESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KONDITION FITNESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Kondition reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kondition as a result of this agreement or use of the Site. Kondition’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kondition’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kondition with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kondition with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kondition with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Kondition reserves the right, in its sole discretion, to change the Terms under which konditionfitness.com is offered without prior notice. The most current version of the Terms will supersede all previous versions. Kondition encourages you to periodically review the Terms to stay informed of our updates.

WAIVER & RELEASE OF LIABILITY

In consideration of the opportunity to participate in physical exercise at Kondition Fitness Studio, I have read this document carefully, and represent and agree as follows:

Kondition recommends that I seek the advice of my physician before commencing any exercise routine.

I assume any and all risks of injury associated with or in any manner related to my use of or presence upon Kondition’s premises, including injury resulting from the negligence of Kondition or its employees. Excluded from this release are claims for gross negligence, recklessness and intentional acts.

I assume any and all risks of injury associated with or in any manner related to my use of any exercise equipment, including but not limited to stationary bicycles, located within Kondition’s facilities.

This waiver applies regardless of whether I am using exercise equipment at the time of the injury or my injury occurs as a result of my presence upon the premises regardless of purpose or activity at the time of the injury-causing incident.

I agree and covenant not to sue or otherwise attempt to hold Kondition, or its employees, staff, owners or instructors liable for any injuries regardless of the cause.

I agree to release, indemnity and hold Kondition harmless against any and all claims arising out of my presence upon Kondition’s premises, including the use of said premises by any family member or guest regardless of cause.

I acknowledge that surveillance cameras are in use for the protection of the Kondition, its employees, equipment and members. I further consent to being photographed and/or recorded for such purposes, as well as for Kondition’s marketing and promotional purposes.

This waiver and release agreement is intended to be as broad as is allowed under applicable law and applies to any and all claims for damages, regardless of whether they are allegedly caused by the negligence of Kondition or its owners, employees, staff or instructors.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my use of any exercise equipment or facilities which may malfunction or break, (b) Kondition’s improper maintenance of any exercise equipment or facilities, (c) Kondition’s negligent instruction or supervision including personal training, and (d) my slipping and falling while at Condition or on any portion of the premises for any reason, including Kondition’s negligent inspection or maintenance of its facility.

If I am pregnant, I will not attend a class until I have discussed the potential risks to me and/or my unborn child/fetus with my obstetrician. I agree that I will follow my obstetrician’s recommendations and on behalf of myself, my heirs, spouse or other interested party hold harmless Kondition for any possible injury to myself or my unborn child/fetus.

If I am under 18 years of age, I will disclose my age to Kondition and provide my signature and the signature of my patent or legal custodian or guardian at Kondition prior to participating in any classes.

Any dispute arising out of or relating to this Agreement, or the breach thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Colorado law, and judgment upon the arbitration award may be entered in any court having jurisdiction.

Contact Us

Kondition welcomes your questions or comments:

Kondition Fitness
3161 Walnut St.
Boulder, Colorado 80301

Email Address:
info@konditionfitness.com

Telephone number:
303-444-5505