TERMS & CONDITIONS
Website Owner
This website is owned and operated by TOUCHÉ Fitness, TK FIT INC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors TOUCHÉ Fitness Instructor Trainings, subscription based virtual TOUCHÉ Fitness classes and educational videos, Full Audio Workouts, Instructor subscriptions to access material needed to conduct TOUCHÉ Fitness, Ageless, and TXD classes. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Customers
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key Commercial Terms
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing is available on the payments page. The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
Retention of the right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Warranties & responsibility for services and products
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
Ownership of intellectual property, copyright, and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of TOUCHÉ Fitness, TK FIT INC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Indemnification
You agree to indemnify and hold [website owner] harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall TOUCHÉ Fitness, TK FIT INC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. To the maximum extent permitted by applicable law, TOUCHÉ Fitness assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Washington State, USA, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Washington State. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer support details & contact info
TOUCHÉ Fitness, TK FIT INC, (702) 886-4131 touche.exercise@gmail.com
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Liability Waiver
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I, hereby acknowledge and agree to the following terms and conditions in consideration of my participation in activities, organized by TOUCHE' Fitness, TKFIT INC:
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I understand and acknowledge that participation in the event/activity involves certain risks and hazards, including but not limited to physical injury, property damage, or loss. I voluntarily assume all such risks and hazards associated with my participation.
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I hereby release, waive, and discharge TOUCHE' Fitness, TKFIT INC, its officers, employees, agents, representatives, volunteers, and any other parties involved in the organization or conduct of the event/activity from any and all claims, liabilities, damages, or losses arising out of or in any way connected with my participation in the event/activity.
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I agree to indemnify and hold harmless TOUCHE' Fitness, TKFIT INC and its affiliates from any and all claims, liabilities, damages, or losses, including legal fees, arising from or in connection with my participation in the event/activity.
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I understand that this waiver and release of liability shall be binding upon my heirs, executors, administrators, and assigns, and shall be governed by the laws of Nevada.
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I certify that I am of legal age and have read and fully understand the terms of this liability waiver before signing it. If I am under the age of 18, I have obtained the consent of my parent or legal guardian to participate and agree to the terms herein.
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Photo Release
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I, hereby grant TOUCHE' Fitness, TKFIT INC and its representatives the right and permission to use my likeness, image, voice, and/or appearance as depicted in any photograph, video recording, or audio recording captured during signed up activities on pre-selected dates, for the purpose of promotional materials, advertising, social media, website content, or any other related purpose.
I understand that my participation is voluntary and that I will not receive any compensation, financial or otherwise, for the use of my likeness. I waive any right to inspect or approve the finished product wherein my likeness appears. I release TOUCHE' Fitness, TKFIT INC, its employees, and any third parties acting on its behalf from any liability for any claims by me or any third party in connection with my participation and the use of my likeness.
I affirm that I am over the age of 18 and have the legal authority to grant the rights and permissions stated in this release. If I am under the age of 18, I have obtained the consent of my parent or legal guardian to participate and grant the rights and permissions stated herein.