Terms of Service

Total Body Fitness
3680 NE Akin Drive #122, Lee's Summit, MO 64064

Last Updated: November 2024

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.

Agreement to Terms
Description of Services
Eligibility and User Accounts
Membership Registration and Billing
Health and Fitness Disclaimers
User Conduct and Prohibited Activities
Intellectual Property Rights
User-Generated Content
Third-Party Links and Services
Disclaimer of Warranties
Limitation of Liability
Indemnification
Privacy and Data Protection
Termination and Suspension
Dispute Resolution and Arbitration
Modifications to Terms
General Provisions
Contact Information

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Total Body Fitness, LLC ("Total Body Fitness," "we," "us," or "our") governing your access to and use of our website located at totalbodyfitnesskc.com (the "Website") and all related services, features, content, and applications offered by or through the Website (collectively, the "Services").

By Using Our Website, You Agree To:

Comply with and be bound by these Terms
Comply with our Privacy Policy
Comply with all applicable federal, state, and local laws
Be at least 18 years of age (or have parental consent if 16-17)

If you do not agree to these Terms, you must not access or use the Website or Services.

Note: If you sign up for a membership at our facility, you will also enter into a separate Membership Agreement with additional terms and conditions specific to facility use. These website Terms of Service supplement, but do not replace, the Membership Agreement.

2. Description of Services

Total Body Fitness operates a 24-hour fitness facility and provides the following services through our Website:

Website Services Include:

Informational Content: Information about our facility, membership options, hours, and services
Online Membership Signup: Ability to join online and complete membership agreements digitally
Member Portal: Access to your account, payment history, and membership management
Fitness Resources: Workout tips, nutritional information, and wellness content
Class Schedules: Information about group fitness classes and availability
Contact Forms: Methods to communicate with our staff
Blog and Articles: Educational fitness and wellness content
Social Media Integration: Links to our social media channels

Service Availability: We strive to maintain continuous Website availability but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice or liability.

3. Eligibility and User Accounts

3.1 Age Requirements

General Website Use: You must be at least 16 years old to use this Website
Membership Registration: You must be at least 16 years old to register for a membership
Minors Ages 16-17: Require parent or legal guardian consent and signature
Facility Access: Full 24/7 facility access is available only to members 18 years and older

3.2 Account Registration

To access certain Services, including online membership registration and the member portal, you must create an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

You are solely responsible for any and all activities conducted through your account, whether or not authorized by you.

3.3 Account Termination

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including violation of these Terms, fraudulent activity, or provision of false information.

4. Membership Registration and Billing

4.1 Online Membership Signup

You may register for a gym membership through our Website. By completing the online registration process, you:

Agree to the separate Membership Agreement, Liability Waiver, and related documents presented during signup
Authorize recurring automatic payments according to your selected membership type
Acknowledge that membership fees are non-refundable except as specified in the Membership Agreement
Accept electronic delivery of all membership documents and communications

4.2 Payment Processing

Payment Processor: All payments are processed securely through third-party payment processors (including Stripe and other PCI-DSS compliant providers). We do not store complete credit card or bank account numbers on our servers.

By providing payment information, you represent and warrant that you are authorized to use the payment method and authorize us to charge all membership fees, additional services, and applicable taxes to your payment method.

4.3 Pricing and Fees

Membership prices, enrollment fees, and additional service charges are listed on the Website and confirmed during the registration process. We reserve the right to change pricing at any time, but such changes will not affect existing members during their current membership commitment period.

4.4 Cancellation and Refund Policy

Membership cancellation, refund policies, and notice requirements are governed by your Membership Agreement. Website access and online account services may be terminated separately from your facility membership. Refer to your Membership Agreement for complete cancellation terms.

3-Day Cooling Off Period: Missouri law provides a three (3) business day right to cancel new memberships. See your Membership Agreement for complete details.

5. Health and Fitness Disclaimers

IMPORTANT HEALTH DISCLAIMER

THE INFORMATION, CONTENT, WORKOUT ROUTINES, NUTRITIONAL ADVICE, AND FITNESS TIPS PROVIDED ON THIS WEBSITE ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL CONSULTATION, DIAGNOSIS, OR TREATMENT.

ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE BEGINNING ANY EXERCISE PROGRAM, DIET, OR NUTRITIONAL SUPPLEMENT PROGRAM.

5.1 No Medical Advice

Total Body Fitness and its staff are not medical professionals. Any fitness advice, workout suggestions, nutritional information, or wellness tips provided through this Website are general recommendations only and are not tailored to your individual health condition, fitness level, or medical history.

5.2 Assumption of Risk

Exercise and physical activity involve inherent risks of injury, illness, disability, or death. By using the information or advice provided on this Website, you acknowledge and accept these risks and agree that:

You are physically and mentally capable of performing exercise activities
You will not hold Total Body Fitness liable for any injuries sustained while following Website advice
You will discontinue any exercise that causes pain or discomfort
You understand that results vary and are not guaranteed

5.3 No Guarantees of Results

We make no guarantees regarding fitness results, weight loss, muscle gain, health improvements, or any other outcomes. Individual results vary based on numerous factors including genetics, effort, consistency, diet, sleep, and pre-existing medical conditions.

5.4 Nutritional Information

Any nutritional information, meal plans, or dietary recommendations provided on the Website are for general educational purposes only. We are not registered dietitians or nutritionists unless specifically stated. Consult with a qualified nutritionist or dietitian before making significant dietary changes.

5.5 Supplements and Products

Any references to nutritional supplements, fitness products, or equipment on the Website are informational only. Consult your healthcare provider before using any supplements. We are not responsible for adverse reactions or interactions with medications.

6. User Conduct and Prohibited Activities

By using our Website and Services, you agree to comply with all applicable laws and refrain from engaging in prohibited activities.

6.1 Prohibited Activities

You may NOT use the Website or Services to:

Violate any federal, state, or local laws or regulations
Infringe on intellectual property rights of Total Body Fitness or third parties
Upload or transmit viruses, malware, or other malicious code
Attempt to gain unauthorized access to any systems, accounts, or networks
Interfere with or disrupt the Website or servers
Impersonate another person or entity
Harass, threaten, defame, or abuse others
Post obscene, pornographic, offensive, or illegal content
Collect or harvest personal information about other users
Use automated systems (bots, scrapers, spiders) to access the Website
Reverse engineer, decompile, or disassemble any Website technology
Submit false, misleading, or fraudulent information
Share your member account credentials with unauthorized individuals
Use the Website for commercial purposes without our written permission

6.2 Account Sharing Prohibition

Sharing your member account login credentials or facility access codes with unauthorized individuals is strictly prohibited. Violations may result in account termination, membership cancellation, and penalties up to $500 as specified in your Membership Agreement.

6.3 Consequences of Violations

Violation of these Terms may result in:

Immediate suspension or termination of your account and access
Cancellation of your membership without refund
Legal action and prosecution to the fullest extent of the law
Liability for damages caused by your conduct

7. Intellectual Property Rights

7.1 Our Ownership

The Website and all its content, features, and functionality (including but not limited to text, graphics, logos, images, videos, software, and design) are owned by Total Body Fitness, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The "Total Body Fitness" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Total Body Fitness or its affiliates. You may not use such marks without our prior written permission.

7.2 Limited License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use only. This license does not include:

Resale or commercial use of the Website or its content
Downloading or copying of content for any commercial purpose
Use of data mining, robots, or similar data gathering tools
Any modification, reproduction, or derivative use of the Website or its content

7.3 DMCA Copyright Policy

We respect the intellectual property rights of others. If you believe that content on our Website infringes your copyright, please notify us with the following information:

Identification of the copyrighted work claimed to be infringed
Identification of the infringing material and its location on the Website
Your contact information (name, address, phone number, email)
A statement that you have a good faith belief that the use is not authorized
A statement, under penalty of perjury, that the information is accurate
Your physical or electronic signature

Send DMCA takedown notices to: [email protected]

8. User-Generated Content

8.1 Comments and Submissions

Our Website may allow you to post comments, reviews, testimonials, or other content ("User Content"). By submitting User Content, you grant Total Body Fitness a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, translate, distribute, and display such content in any media.

8.2 Content Standards

User Content must not:

Contain false, misleading, or defamatory statements
Violate any copyright, trademark, trade secret, or other proprietary rights
Contain obscene, offensive, threatening, or harassing material
Promote illegal activities or violate any laws
Contain advertising, spam, or commercial solicitations
Include personal information about others without consent

8.3 Monitoring and Removal

We reserve the right (but have no obligation) to monitor, edit, or remove any User Content at our sole discretion, at any time, without notice, for any reason. We do not endorse or guarantee the accuracy of User Content.

8.4 Responsibility for User Content

You are solely responsible for your User Content and the consequences of posting it. We are not responsible or liable for any User Content posted by you or any third party.

9. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Total Body Fitness. These links are provided for your convenience only.

Disclaimer

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites. You acknowledge and agree that Total Body Fitness shall not be responsible or liable for any damage or loss caused by your use of third-party websites.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Social Media Platforms

Our Website may integrate with social media platforms (Facebook, Instagram, YouTube, etc.). Your interactions with these platforms are governed by their respective terms of service and privacy policies.

10. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Total Body Fitness, its subsidiaries, affiliates, and licensors do not warrant that:

The Website will function uninterrupted, securely, or be available at any particular time or location
Any errors or defects will be corrected
The Website is free of viruses or other harmful components
The results of using the Website will meet your requirements
Any content on the Website is accurate, complete, reliable, or current

Your use of the Website and Services is at your sole risk. No oral or written information or advice obtained from Total Body Fitness shall create any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You may have other rights that vary by jurisdiction.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOTAL BODY FITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of (or inability to access or use) the Website or Services
Any conduct or content of any third party on the Website
Any content obtained from the Website
Unauthorized access, use, or alteration of your transmissions or content
Any injuries, illness, or health conditions resulting from use of fitness information on the Website

Maximum Liability: In no event shall Total Body Fitness's total liability to you for all damages, losses, and causes of action exceed the amount you paid to Total Body Fitness in the twelve (12) months prior to the claim, or One Hundred Dollars ($100), whichever is greater.

The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not Total Body Fitness has been informed of the possibility of such damage.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Total Body Fitness, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your use of the Website or Services
Your violation of any rights of another person or entity
Your User Content or any content you submit, post, or transmit through the Website
Your violation of any applicable laws or regulations
Your willful misconduct or negligence

This indemnification obligation will survive termination of your account and these Terms.

13. Privacy and Data Protection

Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at totalbodyfitnesskc.com/privacy-policy to understand how we collect, use, and protect your personal information.

Key Privacy Points:

We collect personal information necessary to provide Services and manage memberships
We use secure payment processors and do not store complete credit card numbers
Our facility uses 24-hour video surveillance for safety and security
We may send SMS messages if you opt in (see SMS Terms at totalbodyfitnesskc.com/sms-terms)
We do not sell your personal information to third parties
You have rights to access, correct, or delete your personal information

By using our Website, you consent to our collection, use, and sharing of your information as described in the Privacy Policy.

14. Termination and Suspension

14.1 Our Right to Terminate

We reserve the right to terminate or suspend your access to the Website and Services immediately, without prior notice or liability, for any reason, including but not limited to:

Breach of these Terms
Fraudulent, abusive, or illegal activity
Provision of false or misleading information
Violation of facility rules or membership agreements
Upon your request
At our sole discretion for any or no reason

14.2 Your Right to Terminate

You may stop using the Website at any time. If you wish to terminate your member account or cancel your membership, you must follow the cancellation procedures outlined in your Membership Agreement.

14.3 Effect of Termination

Upon termination:

Your right to use the Website and Services will immediately cease
All licenses granted in these Terms will immediately terminate
You will remain liable for all obligations incurred prior to termination
Provisions that by their nature should survive (warranties, liability limitations, indemnification, dispute resolution) will survive termination

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY

IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

15.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

15.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website or Services that cannot be resolved informally shall be resolved by binding arbitration, except as specified below in Section 15.4.

Arbitration Terms:

Administrator: Arbitration will be conducted by the American Arbitration Association (AAA) under its rules
Location: Arbitration will take place in Jackson County, Missouri, or another mutually agreed location
Costs: Each party will bear its own costs of arbitration, including attorney fees
Decision: The arbitrator's decision will be final and binding
Enforcement: Judgment on the arbitration award may be entered in any court of competent jurisdiction

15.3 Waiver of Class Actions

YOU AND TOTAL BODY FITNESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.4 Exceptions to Arbitration

The following disputes are NOT subject to arbitration:

Claims for injunctive or equitable relief to protect intellectual property rights
Small claims court actions (if they remain in small claims court)

15.5 Jury Trial Waiver

YOU AND TOTAL BODY FITNESS WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES.

16. Modifications to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by:

Posting the updated Terms on this page with a new "Last Updated" date
Sending an email notification to your registered email address (if applicable)
Displaying a prominent notice on the Website

Your continued use of the Website and Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Website and Services.

It is your responsibility to review these Terms periodically for changes. We recommend checking this page every time you access the Website.

17. General Provisions

17.1 Governing Law

These Terms and your use of the Website and Services shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions.

17.2 Jurisdiction and Venue

To the extent that arbitration does not apply, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Jackson County, Missouri, and you consent to the personal jurisdiction and venue of such courts.

17.3 Entire Agreement

These Terms, together with our Privacy Policy and any separate Membership Agreement, constitute the entire agreement between you and Total Body Fitness regarding the Website and Services and supersede all prior agreements and understandings.

17.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17.5 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by Total Body Fitness.

17.6 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

17.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, fire, flood, earthquake, government restrictions, power failures, or internet disruptions.

17.8 Survival

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

17.9 Electronic Communications

By using the Website, you consent to receive electronic communications from Total Body Fitness, including emails, text messages (if you opt in), and notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

17.10 Headings

Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision.

18. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, please contact us:

Total Body Fitness, LLC

Address:
3680 NE Akin Drive #122
Lee's Summit, MO 64064

Phone: (816) 403-4910
Email: [email protected]
Website: totalbodyfitnesskc.com

Business Hours:
Facility: 24/7 Access for Members
Office: Monday-Friday, 9:00 AM - 5:00 PM CST

We will respond to your inquiry within 2-3 business days.

Acknowledgment and Agreement

BY USING THE TOTAL BODY FITNESS WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

If you do not agree to these Terms, you must immediately discontinue use of the Website and Services.