BIRTHDAY PARTIES

Terms & Conditions

These Terms of Use (hereinafter, referred to as the “Terms”) for the website https://lionheartfitnesskids.com (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (hereinafter, referred to as “user”, “you”, “your”) of the Website and Lionheart Fitness Kids, an American company, having a registered office at 75 W. Washington Blvd., Marina Del Rey, California 90292, the United States (hereinafter, referred to as the “Company”, “LFK”, “us”, “we”, “our”). By using the Website, you agree to be legally bound by these Terms. In case you do not agree with one or more provisions of these Terms, please do not use the Website. You are authorized to use the Websiteonly if you agree to these Terms.

Your use of the Website is also governed by the Privacy Policy available at https://lionheartfitnesskids.com/privacy and any other terms and conditions contained elsewhere on the Website.These Terms constitute the entire agreement between you and the Company in relation to your use of the Website and supersede all previous agreements between you and the Company in relation to your use of the Website.

1. The Website

1.1 General information about the Website

1.1.1 The Website provides two usage and registration options. A user can use the Website and be registered
(i) as a parent or a person exercising parental control (hereinafter, individually referred to as a “Parent” and collectively as the “Parents”) looking to enroll his/her childin fitness classesor
(ii) as a companyor an individualinterested in franchising opportunities with the Company (hereinafter, hereinafter, individually referred to as a “Business” and collectively as the “Businesses”)

1.1.2The Website allows Parents to:
(i) search for and register their children for fitness classes offered by LFK;
(ii) search and rate LFK certified coaches; and
(iii) search for LFK coaches that provide birthday parties; (hereinafter, collectively referred to as the “Services”).

1.1.3The Website allows Businesses tofind more information about the LFK franchising process and submit their application for LFK’s franchising.

1.1.4 You must be at least 21 years of age to use the Website. If you are under 21, please do not use the Website.

1.1.5 You are not allowed to register more than one account by using the same email address and your account is not transferrable.

1.1.6 By registering on the Website, you represent and warrant that all information provided by you to the Company is accurate and up-to-date at the time your account on the Website is being created.

1.1.7 It is your responsibility to assure that the login details used by you to access the Website are kept in a private and secure manner. If you become aware that there is or has been any security breach in relation to your account, please immediately contact the Company.

1.2 Parent section

1.2.1 The Company offers 3 types ofLFK programs, namely, programs for:
(i) children at the age of 2-3;
(ii) children at the age of 3-4; and
(iii)children older than the age of 5.

1.2.2 The Parents can register their children for the Services by clicking on the button “Find a class” located on the top right corner of the Website. Information about registration availability will be provided on the basis of the criteria chosen by the Parents (e.g.,date, location, age group, class type).

1.2.3 LFK provides you with an opportunity to take a free trial class in your chosen area. If you would like to register for such a class for free, pleaseschedule your free class with the respective coach. Free classes are subject to availability.

1.2.4 Please note that only persons at the age of 21 and older are allowed to register for the Services. Registration for the Services is only permitted if completedby the Parents.

1.2.5You can register and pay for the Services by:
(i) clicking on the button “Enroll Now” located next to your chosen class;
(ii) clicking on the button “Checkout”; and
(iii) submitting your payment details.

1.2.6 By registering for the Services, you agree to be bound by LFK Parents’ policies that are available at https://lionheartfitnesskids.com/policy . Such policies contain information about payments, refunds, attendance, cancellation,transfers,and other aspects of the Services. Please register for the Services only after carefully reviewing the LFK’s policies.

1.2.7 For more information and details regarding the Services, please check Parents’ FAQ section available at https://lionheartfitnesskids.com/faq .

2.Company’s Content

2.1 Some of the content published on the Website is owned by the Company (hereinafter, referred to as “Company’s Content”). Company’s Content includes, but is not limited to, images, videos, source code, and text. We would like to inform you that Company’s Content is protected by the intellectual property law of the United States and the applicable intellectual property laws. Unless otherwise provided in these Terms, you are not allowed to use Company’s Content in any way, including downloading, amending, copying, and distributing Company’s Content.

3. User Generated-Content and Acceptable Use

3.1 The Website providesyou with the opportunity to publish user-generated content through comments, forum messages, and public profiles (hereinafter, referred to as the “User-Generated Content”). The User-Generated Content may include, for example, comments, text, images, and videos.

3.2 You agree not to use the Website and the Services and not to submit any User-Generated Content in any way that:
(i) violates any applicable laws;
(ii) spreads malware (e.g., viruses, worms, Trojan horses);
(iii) violates intellectual property rights of others;
(iv) is ethnically, racially, or otherwise objectionable;
(v) is sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene;
(vi) advertises or encourages the use of tobacco or alcohol;
(vii) advertises or encourages the use of illegal substances;
(viii) spreads spam or other illegal messaging;
(ix) directs to other websites; and
(x) promotes products and services not related to LFK.

3.3 We reserve the right, in our sole discretion, to modify, delete or remove any User-Generated Content which violates these Terms.

3.4 By posting your User-Generated Content on the Website, you grant the Company unrestricted, royalty-free, perpetual, and irrevocable rights to use, distribute, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce your User-Generated Content.

3.5 Please note that any User-Generated Content posted by you may become public. Please bear this in mind before making publicly available any personal or sensitive information, including, but not limited to, your contact details.

3.6 If you become aware of any unlawful material or activity on the Website that breaches these Terms, please let us know about such material or activity by contacting the Company. Contact details of the Company are available at Section 19 of these Terms.

4. Newsletter

4.1 If you prefer, you can subscribe for our newsletter. You can do so by using “Sign up for newsletter” functionality that is available on the Website.

4.2 If you wish to unsubscribe from our newsletter or any other marketing material, please click on the “unsubscribe” link included in any newsletter submitted by the Company to you.

5. Customer support

5.1 Please feel free to submit your support query to us. You can do this by sending an email to admin@lionheartfitnesskids.com.

5.2 For more information on how to contact us, please check Section 19 of these Terms.

6. Intellectual property

6.1 All Company’s Content, including trademarks, service marks and trade names of the Company, is intellectual property of the Company, its partners, agents, licensors, vendors, and/or other content providers.

7 Refunds

7..1 Refunds of the fees paid by the Parents

7.1.1 The Company does not issue any refunds for non-attendance of a scheduled class. Refunds will apply if the withdrawal of the child is received in writing one week prior to the start of any session. If LFK should find it necessary to de-register a child for any reason, a refund will be issued after deduction for classes already attended. An administration fee of USD 15 will be applied to all refunds issued.

8. Your warranty to the Company

8.1 You represent and warrant that:
(i) you will not use the Website in a way that violates any applicable law;
(ii) your age is at least 21 years;
(iii) you will use the Website only in accordance with these Terms.

9. Privacy

9.1 By using the Website, you hereby agree and acknowledge that the Company may collect and process your personal information. If you would like to know more about how we collect and process your personal information, please check our Privacy Policy available at https://lionheartfitnesskids.com/privacy .

10. Availability

10.1 We put reasonable efforts to ensure that the Website is always available. Nevertheless, we cannot guarantee that the Website would be always available because the availability of the Website may be affected by factors, which we cannot control, e.g., bandwidth problems, equipment failure, or acts of God. We do not accept any responsibility for the unavailability of the Website caused by such factors.

11. Links

11.1 The Website may contain links to websites owned by third parties. We are not responsible for the content of websites owned by third parties.

12. Disclaimer of warranties

12.1 To the extent permitted by the applicable law, we provide the website on “as available”, “as is”, and “with all faults” basis. We do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the website. We hereby disclaim all warranties regarding the website and its operation.

13. Limitation of liability

13.1 Unless otherwise stated in the applicable law, we shall not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages arising out or in connection with the website.

13.2 You agree not to hold the Company liable to you in respect of any losses arising out of any event or events beyond Company’s reasonable control.

14.Termination

14.1 These Terms are in force until terminated.

14.2 We may, at our sole discretion, terminate these Terms at any time by sending you either a message through the Website or an email. In addition, your rights under these Terms will be automatically terminated if you do not comply with any provision of these Terms.

14.3 After the termination of these Terms, all legal rights granted to you pursuant to these Terms will terminate. Upon termination, you shall stop using the Website.

14.4 If the Company believes in its sole discretion that you violate these Terms and it is appropriate, necessary or desirable to address such violation, the Company may:
(i) send you a formal warning;
(ii) temporary suspend your account on the Website;
(iii) permanently prohibit the use of your account on the Website;
(iv) delete your account on the Website; and
(v) commence a legal action against you.

14.5 You may stop using the Website at any time and for any reason.

15. Governing Law

15.1 The Terms shall be governed by the laws of the State of California, the United States.

15.2 All disputes arising out of or in connection with these Terms shall be resolved by the courts in the State of California, the United States.

16. Amendment of these Terms

16.1 We reserve the right to amend or modify these Terms from time to time by posting an amended version on the Website or sending you a message if you are a registered user. Your continued use of the Website after posting such an amended version or receiving a message informing you about the amended version will constitute your acknowledgment of the amendments and your consent to abide and be bound by the amended Terms.

17. Contact details

17.1 If you have questions or comments about these Terms, please send an email to admin@lionheartfitnesskids.com.

17.2 Our other contact details are:
Lionheart Fitness Kids
475 W. Washington Blvd.
Marina Del Rey
California 90292
The United States
Tel.: 800 983 3381

18. Last amendment

18.1 These Terms have been last amended on 19th of July 2018.