Terms of Service

Terms and Conditions

Agreement between “User” and kungfumoves.com, pertaining to both In-Person and Virtual Class “Users”, being Free Members & KFMfam Members.

Welcome to kungfumoves.com. The kungfumoves.com and members.kungfumoves.com websites (the “Site”) is comprised of various web pages operated by Kung Fu Moves (“KFM”). The site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The site is an E-Commerce website and In-Person Education Service.

KFM is focused on providing a safe and secure educational and entertaining experience for children, their legal guardians and those approved by those legal guardians. Through the practices and teachings of martial arts, our mission is to bring social and emotional intelligence, street smart, confidence and compassionate leadership to children around the world. Our website is an online platform for the Kung Fu Move(ment), as well as the content, services and any products created and promoted to support this mission.

These Terms of Use include any participants with In-Person KFM Classes taught with a fully background-checked KFM Teacher.

The KFM LIABILITY WAIVER FULLY APPLIES TO BOTH Virtual and In-Person Users, extending to all third party KFM platforms, such as Facebook Groups, social media, commercial use, live events, etc.

Please read the FULL LIABILITY WAIVER here BEFORE accepting the TERMS OF USE:

Participation in any martial art can be inherently dangerous and is impossible to ensure the safety of all participating individuals. Kung Fu demands cardiovascular fitness, coordination, and agility. Risks can be avoided, but I understand that not all risks can be avoided and release Kung Fu Moves from responsibility for any injury that my child might incur during and learned from in-person classes or activities from KFM class videos. I further understand that in the event of a medical emergency, Kung Fu Moves will call an Emergency Response Service to render assistance and that I will be financially responsible for any expenses involved.

While participating in Kung Fu activities, accidents do happen. Some of these accidents may be minor like falling, colliding with a classmate, and/or being struck. Other injuries may also include:

• minor injuries like scrapes, bruises, strains, blisters, and sprains;
• more serious injuries liken broken bones, concussions, muscle tears, and ligament tears

To reduce the risk of injury, all participants are expected to be physically fit before Kung Fu Moves begins. Further, all  participants agree to report any unsafe practices, conditions, or equipment to the Kung Fu Moves instructor. I certify that the above- mentioned participant 1) possesses a sufficient degree of physical fitness to safely participate in Kung Fu Moves activities, 2) understands that he/she/they  is to discontinue activity at any time he/she /they feels undue discomfort or stress, and 3) has indicated any health-related conditions that might affect his/her/their ability to participate in Kung Fu Moves and he/she/they will verbally inform the Kung Fu Moves instructor immediately.

I have read the preceding information and it has been explained to me. I know, understand, and appreciate the risks associated with participation in Kung Fu Moves and I am voluntarily giving legal permission to the above-mentioned participant in the activity. In doing so, the above-mentioned participant is assuming all of the inherent risks of the activity.

I do hereby consent and agree that Kung Fu Moves has the right to take photographs and video of my child during Kung Fu Moves In-Person Classes. These photos and video may be used on the company website, company Facebook pages, and promotional material without compensation. I understand that my child’s name and identity will not be revealed. If you would prefer we not take photographs or video of your child, please notify us via e-mail: info@kungfumoves.com.

Waiver of Liability: In consideration of being permitted to participate in Kung Fu Moves, on behalf of myself, my family, my heirs, and my assigns, I hereby release Kung Fu Moves, its agents, and its employees from liability for injury, loss, or death to the registered student participant while using any facility or equipment or in any way associated with participating in Kung Fu Moves classes now or in the future, resulting from the ordinary negligence of Kung Fu Moves, its agents and employees.

I AGREE THAT ALL PROGRAMS ARE NON-REFUNDABLE AND NON-TRANSFERABLE

Privacy

Your use of the site is subject to KFM’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the site or sending emails to KFM 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 KFM is not responsible for third party access to your account that results from theft or misappropriation of your account. KFM and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

KFM collects personally identifiable information from children under the age of thirteen. KFM collects this information for the following reason(s):

The KFM members website is geared to educate, entertain and uplift children, ages 3 & UP. We only collect information to provide better service, security and experience to our clients, their children and their community.

If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use the site only with permission of a parent or legal guardian.

Auto-Renew Policy

You may select at the time of checkout, to auto-renew your child’s registration for Kung Fu Moves Sessions at your current school. Your credit card on file will be charged at the current rate at the commencement of the new session. Please contact members@kungfumoves.com to cancel auto-renew 14 days before the last day of the current session. Should your child leave the current school they are attending, auto-renew will be terminated. You must re-register for auto-renew at any new school they attend.

Cancellation/Refund Policy

You may cancel Users registration at any time. Any Virtual Classes can be fully refunded up to 14 days after purchasing. No refunds are issued for In-Person Sessions at any schools. Please contact members@kungfumoves.com for any questions.

Links to Third Party Sites/Third Party Services

members.kungfumoves.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of KFM and KFM 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. KFM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KFM of the site or any association with its operators.

Certain services made available via members.kungfumoves.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the members.kungfumoves.com domain, you hereby acknowledge and consent that KFM may share such information and data with any third party with whom KFM has a contractual relationship to provide the requested product, service or functionality on behalf of the site users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to KFM 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 KFM 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. KFM 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 KFM 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 KFM or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, cyber bully, self promote or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

KFM has no obligation to monitor the Communication Services. However, KFM reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. KFM reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

KFM reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KFM’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. KFM does not control or endorse the content, messages or information found in any Communication Service and, therefore, KFM specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KFM spokespersons, and their views do not necessarily reflect those of KFM.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to the site or Posted on Any KFM Web Page

KFM does not claim ownership of the materials you provide to the site (including feedback and suggestions) or post, upload, input or submit to any KFM Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting KFM, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. KFM is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in KFM’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your KFM account to third party accounts. By connecting your KFM account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (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.

International Users

The Service is controlled, operated and administered by KFM 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 KFM Content accessed through members.kungfumoves.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless KFM, 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. KFM 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 KFM 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.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and KFM agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

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. KUNG FU MOVES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

KUNG FU MOVES 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. KUNG FU MOVES 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 KUNG FU MOVES 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 KUNG FU MOVES 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

KFM 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. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California 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.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and KFM as a result of this agreement or use of the Site. KFM’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KFM’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 KFM 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 KFM with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KFM 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

KFM reserves the right, in its sole discretion, to change the Terms under which members.kungfumoves.com is offered. The most current version of the Terms will supersede all previous versions. KFM encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

KFM welcomes your questions or comments regarding the Terms:

Kung Fu Moves
P.O. Box 138
North Hollywood, California 91603

Email Address:
info@kungfumoves.com

Telephone number:
(818) 358-3609

Effective as of May 17, 2021