Kinema Fitness Terms of Use

Effective Date: July 9, 2026

These Terms of Use (“Terms”) govern your access to and use of the Kinema Fitness website located at kinemafitness.com and Kinema Fitness’s virtual wellness platform, including related content, features, and services made available through those platforms (collectively, the “Services”).

These Terms are a binding agreement between you and Kinema Fitness, Inc. (“Kinema,” “we,” “us,” or “our”). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Scope of These Terms

These Terms apply to:

the public-facing Kinema website;
Kinema’s virtual wellness platform;
content, text, images, videos, classes, workshops, and materials made available through the Services;
communications, submissions, and interactions you have through the Services.

These Terms do not necessarily apply to third-party websites, applications, or services that may be linked from or used in connection with the Services, including third-party application, scheduling, payment, or membership systems such as Mindbody or Jotform. Those third parties may have their own terms, privacy policies, and practices, which you are responsible for reviewing. These Terms also do not replace any separate client agreement, membership agreement, site-specific waiver, release, or site rule, Mindbody term, payment term, or other participation term that may apply to particular fitness centers, programs, services, or locations.

2. Eligibility and Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms.

The Services are intended for users in the United States.

If you are under the age of 18, you may use the Services only with the involvement and supervision of a parent or legal guardian, and your parent or legal guardian agrees to be responsible for your use of the Services. The virtual wellness platform is password-protected and has no registration or age-verification process. A parent or legal guardian is responsible for supervising any minor’s access to and participation in the Services. The Services are not directed to children under 13, and Kinema does not knowingly seek to collect personal information directly from children under 13 through the Services.

3. Changes to the Services and Terms

Kinema may update, modify, suspend, or discontinue all or any part of the Services at any time, with or without notice.

Kinema may also revise these Terms from time to time. Updated Terms will be posted on the website with a revised effective date. Your continued use of the Services after updated Terms are posted constitutes your acceptance of the revised Terms.

4. Access Credentials and Restricted Content

The virtual wellness platform is hosted by Kinema and is separate from the main website. You do not create an account or profile to use the virtual wellness platform. Access to the platform, or certain content within it, is password-protected. The platform, or portions of it, may be accessible to a password holder.

You agree that you will not:

access restricted content unless you have been authorized to do so;
share access credentials in a way that exceeds the scope of your permitted access;
attempt to bypass, disable, interfere with, or undermine any access restrictions or security features;
use another person’s credentials or impersonate another user or participant.

Kinema may revoke or restrict access at any time if it believes access is unauthorized, inappropriate, unlawful, or inconsistent with these Terms.

5. Informational Purpose Only; No Medical Advice

The Services may include information, classes, workshops, fitness programming, wellness content, nutrition-related content, mindfulness content, and other educational materials.

All content made available through the Services is provided for general informational and educational purposes only. It is not medical advice, mental health advice, diagnosis, treatment, or a substitute for advice from a licensed physician or other qualified healthcare provider.

You should consult your physician or another qualified healthcare provider before beginning any exercise, wellness, nutrition, or health-related program, especially if you have any medical condition, injury, physical limitation, or other health concern.

Do not disregard professional medical advice or delay seeking it because of anything available through the Services.

6. Assumption of Risk

Participation in fitness, exercise, wellness, mobility, stretching, mindfulness, and related activities involves inherent risks, including the risk of physical injury, illness, aggravation of a pre-existing condition, or other adverse effects.

By using the Services or participating in any virtual class, workshop, or program made available through the Services, you acknowledge and agree that:

you choose to participate voluntarily;
you are responsible for determining whether participation is appropriate for you;
you assume all risks arising from your participation to the fullest extent permitted by applicable law;
you are responsible for using appropriate care, judgment, and caution during participation.

If you are participating on behalf of or supervising a minor, you accept responsibility for that minor’s participation and supervision.

7. Virtual Classes, Workshops, and Online Programming

Kinema may offer live or recorded classes, workshops, wellness sessions, challenges, family activities, and similar programming through the virtual wellness platform.

Kinema does not guarantee:

that any program will remain available for any particular period;
that any session will be suitable for your needs or abilities;
uninterrupted or error-free streaming or technical performance;
that participation will produce any particular result or outcome.

You are responsible for ensuring that you have adequate internet access, compatible equipment, and a safe environment in which to participate.

8. Recordings, Audio, Video, and Participant Appearances

Kinema may record live classes, workshops, or other sessions offered through the virtual wellness platform for operational, administrative, quality, safety, and service-related purposes. Recordings are used only within the virtual wellness platform and are not used for marketing, promotional, social media, or other public-facing purposes. Kinema provides notice within the virtual wellness platform that sessions may be recorded. Your name, likeness, voice, image, comments, chat messages, video, audio, or other participation may appear in live or recorded sessions within the platform.

By participating in any session, turning on your camera or microphone, posting in chat, or otherwise interacting during a live or recorded program, you consent to the possibility that your participation may be seen, heard, captured, recorded, transmitted, or retained within the virtual wellness platform in connection with the operation, administration, quality, safety, and delivery of the Services.

You agree not to record, photograph, screenshot, reproduce, distribute, publish, or publicly share any live or recorded session, or any other participant’s image, voice, name, comments, or content, without Kinema’s prior written permission and any other required consent.

If you do not want to appear on camera or audio during a session, you should keep your camera and microphone off and avoid participating in ways that disclose your identity or likeness.

9. User Conduct

You agree not to use the Services in any way that:

violates any law, regulation, or third-party right;
is fraudulent, misleading, abusive, threatening, defamatory, obscene, harassing, discriminatory, or otherwise objectionable;
infringes or misappropriates intellectual property, privacy, publicity, confidentiality, or other rights;
interferes with the use or enjoyment of the Services by others;
disrupts, damages, disables, or overburdens the Services or related systems;
introduces malware, viruses, malicious code, or harmful technology;
attempts unauthorized access to systems, accounts, networks, or data;
collects information about other users or participants without authorization;
uses the Services for commercial solicitation, spam, or unauthorized advertising;
impersonates Kinema, a trainer, another participant, or any other person or entity.

Kinema may remove content, restrict access, or suspend or terminate use of the Services if it believes conduct violates these Terms or may harm Kinema, users, participants, or third parties.

10. User Communications, Submissions, and Feedback

If you contact us, submit information, send feedback, participate in chat, post comments, or otherwise provide content through the Services (“Submissions”), you represent that:

you have the right to provide the Submission;
the Submission is accurate to the best of your knowledge;
the Submission does not violate law or third-party rights.

You retain ownership of your Submissions, subject to any rights necessary for Kinema to operate the Services. By providing a Submission, you grant Kinema a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, display, transmit, and otherwise process that Submission as reasonably necessary to operate, administer, improve, protect, and support the Services, comply with law, and respond to your request or participation.

If you provide suggestions, ideas, or feedback, Kinema may use them without restriction or obligation to you.

11. Intellectual Property

The Services, including their design, text, graphics, logos, videos, audio, downloadable materials, classes, workshop content, compilations, and other content, are owned by or licensed to Kinema and are protected by intellectual property and other applicable laws.

Subject to these Terms, Kinema grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use.

You may not, without Kinema’s prior written consent:

copy, reproduce, republish, modify, create derivative works from, distribute, display, perform, sell, license, or exploit any portion of the Services;
use Kinema’s name, logos, trademarks, or branding;
scrape, extract, harvest, or systematically download content from the Services;
use content from the Services to train, improve, or develop another product, service, model, or platform.

12. Third-Party Platforms and Links

The Services may reference, integrate with, or link to third-party websites, applications, or services, including Mindbody, Jotform, Google Analytics, and other tools or platforms.

Kinema does not control and is not responsible for:

third-party terms, privacy policies, or data handling practices;
the availability, security, content, or performance of third-party platforms;
transactions or interactions you have with third parties.

Your use of third-party platforms is governed by the applicable third party’s own terms and policies.

13. Privacy

Your use of the Services is also subject to Kinema’s Privacy Policy, which is incorporated into these Terms by reference to the extent permitted by law. The Privacy Policy describes how Kinema handles information submitted through the Services, including contact inquiries, applicant-related submissions, analytics information, virtual wellness participation information, and aggregated or de-identified reporting where applicable.

14. No Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KINEMA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, KINEMA DOES NOT WARRANT THAT:

THE SERVICES WILL BE AVAILABLE, SECURE, ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE;
ANY DEFECTS WILL BE CORRECTED;
THE SERVICES OR ANY SERVER USED TO MAKE THEM AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
ANY CONTENT OR PROGRAM WILL MEET YOUR EXPECTATIONS OR PRODUCE SPECIFIC RESULTS.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Kinema may provide accessibility assistance or review accessibility feedback as described in its Accessibility Statement, but Kinema does not warrant that the Services will be fully accessible, independently tested, or compliant with any particular legal or technical standard.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KINEMA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, INSTRUCTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF KINEMA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, INSTRUCTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100), OR (B) THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO KINEMA FOR USE OF THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.

NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Indemnification

You agree to defend, indemnify, and hold harmless Kinema and its affiliates, officers, directors, employees, contractors, instructors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

your use of the Services;
your breach of these Terms;
your violation of any law or third-party right;
your participation in virtual classes, workshops, or programming;
content or Submissions you provide;
your misuse of recordings, passwords, or restricted-access content;
if applicable, a minor’s use of the Services under your supervision or authority.

17. Suspension and Termination

Kinema may suspend, restrict, or terminate your access to all or part of the Services at any time, with or without notice, if:

Kinema believes you have violated these Terms;
Kinema believes your conduct poses a risk to Kinema, users, participants, third parties, or the Services;
Kinema is required to do so by law or by operational necessity.

Sections of these Terms that by their nature should survive termination will survive, including sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute provisions, and other provisions intended to survive.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Illinois, without regard to conflict of laws principles.

Informal Dispute Resolution. Before starting an arbitration, you and Kinema agree to first try to resolve the dispute informally. The party raising the dispute must send a written Notice of Dispute to info@kinemafitness.com that includes its name, a description of the dispute, and the relief sought. You and Kinema will then try in good faith to resolve the dispute for 30 days after the notice is received. If the dispute is not resolved within that 30-day period, either party may begin arbitration as described below.

Binding Arbitration. Please read this section carefully. Except as described below, you and Kinema agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved through the informal process above will be resolved by final and binding arbitration on an individual basis, rather than in court, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by video, telephone, or written submissions wherever possible, and any in-person hearing will take place at a location the parties mutually agree upon. Judgment on the award may be entered in any court having jurisdiction. The arbitrator will apply Illinois law consistent with these Terms.

Class Action Waiver. You and Kinema agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of class or representative proceeding.

Small Claims Court. Notwithstanding the arbitration agreement above, either you or Kinema may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies and remains in that court.

Right to Opt Out. You may opt out of this arbitration agreement and class action waiver within 30 days after you first accept these Terms by sending a written opt-out notice to info@kinemafitness.com that includes your name and a clear statement that you decline to arbitrate. If you opt out, the arbitration agreement and class action waiver will not apply to you, but the rest of these Terms will continue to apply.

Courts. If a claim is not subject to arbitration, or if you validly opt out, that claim shall be brought exclusively in the state or federal courts located in Illinois, and you consent to the personal jurisdiction and venue of those courts.

19. Miscellaneous

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

Kinema’s failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

You may not assign or transfer your rights or obligations under these Terms without Kinema’s prior written consent. Kinema may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

These Terms, together with any policies or notices expressly incorporated by reference, constitute the entire agreement between you and Kinema regarding the Services and supersede prior discussions or understandings relating to the same subject matter. They do not supersede any separate client agreement, membership agreement, site-specific waiver, release, or site rule, payment term, Mindbody term, or other participation term that applies to particular fitness centers, programs, services, or locations.

20. Contact Information

If you have questions about these Terms or the Services, please contact:

Kinema Fitness, Inc.

Email: info@kinemafitness.com