Fit Soccer Kids Terms & Conditions

WHO WE ARE

Fit Soccer Kids ("Fit Soccer Kids," "we," or "us"), along with our affiliates and subsidiaries, offers physical programs ("Physical Instruction"), and associated products, services, and content through various platforms, including Fit Soccer Kids websites ("Fit Soccer Kids Websites"), mobile or desktop applications , and Fit Soccer Kids-controlled social media accounts (such as Facebook, Instagram, Tictok Twitter) ("Fit Soccer Kids Social Media Accounts"). Collectively, these offerings and platforms are known as the "Fit Soccer Kids Services" or "the Services."

By accessing, browsing, or utilizing any aspect of the Fit Soccer Kids Services, including the purchase of our offerings, you (referred to herein as "user") acknowledge and agree to be bound by the terms and conditions detailed in this Terms of Service ("Terms"). Your purchase of Services or use of any part of the Services signifies your comprehension, agreement, and commitment to comply with these Terms, establishing a legally binding agreement between you and Fit Soccer Kids.

Should you not meet the eligibility criteria for using the Services or disagree with any portion of these Terms, you are not authorized to access or utilize the Fit Soccer Kids Services.

SAFETY

Please include child health information in your customer account. Please arrive 10 minutes prior to the start time of class and supervise or designate a responsible adult to supervise your child throughout his/her Fit Soccer Kids class. No food and drink on the playing field. Children who wear glasses must use shatterproof eye-wear during class. Children must wear sneakers in classNo soccer cleatsShin-guards are not required; However, we recommend that all kids who are age 5 and up should wear them to class. Only registered children are allowed to be on the playfield, all other children not allowed and must be supervised by parents or guardians.

REFUND & MAKE-UP CLASS

Fit Soccer Kids guarantees a refund for the remaining classes (after a $25 administrative/insurance fee) before the 4th class of any season. No refunds thereafter.If you withdraw your child from the program, you must notify Fit Soccer Kids by email no less than 24 hours before the 4th class of the season and are responsible for all charges until you do so.No refunds for missed classes. No refunds or credit will be obtained if a child misses a class. We would like to maintain a healthy and safe environment, therefore, if a child is sick or injured we ask that you keep the child at home. One free make-up class is available in the event that a child misses a class, which is contingent on availability and upon express and specific consent of Fit Soccer Kids management.Make-up class. This must be scheduled before the end of the current season, no makeups cannot be scheduled the first and last week of the season and make-up class cannot carry over into any other season.Fit Soccer Kids reserves the right to cancel a class due to low enrollment. In the event this happens, you may choose a different class, or receive a full refund.Fit Soccer Kids sole discretion to determine if a class should be canceled due to weather (such as heavy rain, high winds, extreme temperature). We will attempt to contact you via email in the event a class is called off due to weather. Notice of canceling will be on the website.

ELIGIBILITY AND AUTHORITY

By accessing or using the Fit Soccer Kids Services, you represent and warrant that you are legally eligible to enter into a binding agreement and abide by these Terms. If you are under the age of 18, you may only use the Fit Soccer Kids Services with the involvement and consent of a parent or guardian. If you are using the Fit Soccer Kids Services on behalf of an organization or entity, you affirm that you have the necessary authority to bind that organization or entity to these Terms.

Additionally, you acknowledge that you are responsible for ensuring that any individuals under your care, such as your child or children, who participate in Fit Soccer Kids programs or activities through your account, also meet the eligibility requirements set forth in these Terms. It is your responsibility to supervise their usage and ensure their compliance with these Terms.

If you do not meet these eligibility criteria or if you do not have the necessary authority, you are prohibited from accessing or using the Fit Soccer Kids Service

PHONE NUMBER COLLECTION

By providing your phone number to Fit Soccer Kids, you consent to receive text messages and calls regarding class cancellations, updates, and other important notifications. Your phone number will not be shared with third parties and will only be used for communications related to Fit Soccer Kids services.

LICENSE POLICY

Subject to your compliance with the terms set forth in this License Policy and your adherence to the conditions outlined in these Terms of Service, Fit Soccer Kids extends to you a limited, non-transferable, non-exclusive, non-assignable, and revocable license. This license grants you the right and privilege to access and utilize the Fit Soccer Kids Services solely for the personal, non-commercial purposes of your child.

The scope of this license includes the following rights:

Access and Use: You are authorized to access and use the Fit Soccer Kids Services, including the right to view the content ("Content") made available through the Services.

Application Usage: You may download and use copies of any relevant applications associated with the Services for your personal, non-commercial use within the confines of your home environment.

Restrictions: You are prohibited from copying, modifying, or utilizing any Content beyond your personal, non-commercial use of the Services. Redistribution, sale, transfer, creation of derivative works, decompilation, reverse engineering, or disassembly of the Services are strictly prohibited.

Preservation of Notices: You must ensure that all copyright and other proprietary notices present in materials provided by Fit Soccer Kids are kept intact and unaltered.

Interference or Damage: You agree not to undertake any actions that could disrupt or harm the functionality, integrity, or performance of the Fit Soccer Kids Services.

Please note that this license will remain in effect unless you violate the stipulations of these Terms or decide to terminate it. Fit Soccer Kids reserves all rights not explicitly granted in these Terms. Any unauthorized use, reproduction, or distribution of the Services, Content, or related materials is expressly prohibited and may result in termination of this license and legal action.

By accessing or using the Fit Soccer Kids Services, you acknowledge your understanding of and agreement to the terms and conditions set forth in this License Policy and the overarching Terms of Service.

PROHIBITED CONDUCT

In utilizing the Fit Soccer Kids Services, you are bound by the obligation not to engage in the following prohibited activities:

Illicit Use: Employ the Services for any illegal purposes or contravene local, state, national, or international laws.

Competitive Endeavors: Employ the Services in connection with research, development, or provision of services that compete with Fit Soccer Kids Services.

Unauthorized Access: Acquire, attempt to obtain, or disseminate any Materials or information available through the Services by any means not explicitly provided by Fit Soccer Kids, including through automated access, scraping, or comparable processes, without the express written consent of Fit Soccer Kids.

Infringement and Misappropriation: Infringe, misappropriate, breach, or incite others to infringe, misappropriate, or breach any rights of third parties. This includes violating third-party intellectual property rights, as well as rights related to publicity and privacy.

Offensive Content: Upload, post, submit, or circulate content that is unlawful, defamatory, libelous, inaccurate, objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise offensive or inappropriate as determined by a reasonable person.

Security Interference: Meddle with security-related features of the Services, such as disabling or circumventing features that limit content use, reverse engineering software code, or attempting to unveil the source code, except as expressly permitted by applicable law.

Disruption and Harm: Disrupt the operation of the Services or impede other users' enjoyment of the Services. This includes disseminating viruses, adware, spyware, or any malicious code, initiating unsolicited offers or advertisements, collecting personal information without consent, or overburdening network, equipment, or servers.

Fraudulent Activities: Engage in fraudulent activities, such as impersonating individuals or entities, falsely claiming affiliations, accessing other users' accounts without authorization, or providing falsified age or birthdate information.

Unauthorized Distribution: Sell, transfer, or convey the access granted under these Terms, Materials, or any rights or abilities to view, access, or utilize any Materials.

Assistance in Prohibited Acts: Attempt, aid, or allow any individual to partake in any of the aforementioned prohibited activities.

Fit Soccer Kids reserves the prerogative, though not the obligation, to eliminate or disable access to any Content, without prior notice, if we determine, at our sole discretion, that said Content is objectionable or infringes upon these Terms. We retain the authority to probe violations of these Terms and any conduct impacting the Services. In addition, we may consult and collaborate with law enforcement agencies for the prosecution of users who breach the law.

CHANGES TO THE FIT SOCCER KIDS SERVICES

Fit Soccer Kids maintains the authority to alter or terminate, in part or in its entirety, any facet of the Fit Soccer Kids Services at any juncture. This may encompass restricting or discontinuing specific features of the Services, as well as modifying the Content presented through the Services. These modifications can be temporary or permanent in nature and may transpire without prior notice to you. The ultimate determination of such modifications rests solely within the discretion of Fit Soccer Kids.

CLOSING YOUR FIT SOCCER KIDS ACCOUNT

If you wish to close your Fit Soccer Kids account, you have the prerogative to do so at any time. Simply reach out to our customer service team by emailing us at info@fitsoccerkids.com.

TERMINATION

These Terms commence on the date of your initial usage of the Fit Soccer Kids Services and endure for the duration of your account's existence and/or your utilization of the Services. Fit Soccer Kids reserves the right, at its sole discretion, to promptly suspend, disable, or terminate your entitlements stipulated within these Terms (comprising account removal) without prior notice, under the following circumstances:

Child's Best Interest: Fit Soccer Kids determines, at its sole discretion, that your child's continued participation in the Services is not in their best interest or the best interest of the Services.

Breach of Terms: You breach any provision of these Terms.

Harm to Reputation: Your behavior or User Content is liable to impair Fit Soccer Kids' reputation or goodwill.

Service Discontinuation: Fit Soccer Kids ceases to provide any portion of the Services.

Unsuitable Use: Fit Soccer Kids becomes suspicious or is alerted to unsuitable usage of the Services, such as instances of fraud, misrepresentation, or misleading conduct.

External Factors: Termination ensues due to reasons beyond our control.

In the event that your rights under these Terms are terminated by Fit Soccer Kids, we hold the prerogative to promptly deactivate or erase your account, along with all associated information. Subsequently, you must cease all activities endorsed by these Terms, including access to and utilization of the Service. Furthermore, you acknowledge that, to the extent permitted by applicable law, neither Fit Soccer Kids nor any associated entity will be held accountable to you or any third party for the discontinuation of your Service access. Should your account be deleted, you are prohibited from re-registering or using the Services under a different username or profile, and we retain the right to block your Service access to thwart re-registration.

Upon the termination of these Terms, all licenses conferred to you herein will expire. Specific sections shall endure despite termination, including Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Release, Ownership; Proprietary Rights, Dispute Resolution and Arbitration, Governing Law, as well as all general provisions.

In the instance of account deletion for any reason, User Content may become inaccessible, and Fit Soccer Kids is not accountable for the deletion or loss of such User Content. To clarify, should you cancel your Subscription or it is terminated for any reason, access to all physical and digital classes, as well as any other Content or features furnished via the Services, will be forfeited.

USER CONTENT

By participating in the Fit Soccer Kids Services, you hereby grant Fit Soccer Kids and its representatives the irrevocable right to capture and employ photographs, videos, or any form of recordings showcasing your child/children and their accompanying parents, caregivers, or associates during their involvement in the Services. You extend your consent to Fit Soccer Kids for the utilization of all such photographs, videos, or recordings depicting you and your child/children for purposes encompassing advertising, promotion, or any relevant pursuits. Additionally, you waive any entitlement to compensation or any other ensuing rights, including those under N.Y. Civil Rights Law 50 and analogous state statutes.

OWNERSHIP; PROPRIETARY RIGHTS

The Fit Soccer Kids Services are the sole property of Fit Soccer Kids and are under its exclusive operation. You recognize and consent that the visual interfaces, graphics, designs, compilations, information, data, computer code (comprising both source code and object code), products, software, programs, classes, services, and all other components of the Fit Soccer Kids Services ("Materials") presented by Fit Soccer Kids are safeguarded by intellectual property and other applicable laws. All Materials featured within the Fit Soccer Kids Services are either the exclusive property of Fit Soccer Kids or are licensed by third-party licensors. Without the explicit authorization of Fit Soccer Kids, you are prohibited from utilizing the Materials in any manner. Fit Soccer Kids and its third-party licensors reserve all rights to the Materials that are not explicitly granted through these Terms.

DISCLAIMERS; NO WARRANTIES

You bear the responsibility for ensuring your own access to the Fit Soccer Kids Services (e.g., computer, mobile device, Internet connection, etc.). Fit Soccer Kids is not obligated to screen or monitor any Content, and it cannot guarantee the suitability of any Content available on the Services for all users or the continuous availability of such Content.

RELEASE

By participating in the Services, Fit Soccer Kids' activities, and any programs conducted by Fit Soccer Kids, you confirm that your child possesses no known medical or other conditions that might hinder their involvement. Additionally, you acknowledge and embrace the fact that engaging in soccer-related activities, whether in a public setting or at home, carries inherent risks of physical injury. Therefore, both individually and on behalf of your child, you hereby release, acquit, and absolve Fit Soccer Kids, its parent company, subsidiaries, affiliated entities, and each of their respective officers, directors, agents, representatives, employees, successors, assignees, and licensees (collectively referred to as the "Released Parties") from any and all claims, suits, damages, losses, liabilities, expenses, and costs of any nature whatsoever. This includes, but is not limited to, claims of negligence, stemming from, arising out of, related to, or connected with your child's participation in the Services, Fit Soccer Kids' activities, and/or any programs conducted by Fit Soccer Kids. You undertake not to initiate or be party to any legal proceedings or claims against the Released Parties or any of them, grounded in or stemming from your child's involvement in the Services, Fit Soccer Kids' activities, and/or any programs conducted by Fit Soccer Kids, based on any legal theory whatsoever (including but not limited to personal injury, negligence, rights of privacy and publicity, or defamation).

In the event of a disagreement with Fit Soccer Kids concerning the Services, Fit Soccer Kids' activities, and/or any programs conducted by Fit Soccer Kids, irrespective of the nature of the dispute, you agree that you release Fit Soccer Kids and its respective parent company, subsidiaries, affiliated entities, and each of their respective officers, directors, agents, representatives, employees, successors, assignees, and licensees from claims, losses, damages, and liabilities. This includes legal fees and expenses (both actual and consequential) of any kind and origin, known and unknown, arising in connection with or in any way linked to such disputes, to the fullest extent permissible by applicable law.

CONTACT INFORMATION

You can reach us through the following methods:

Mailing us at the address provided in the Legal Notices section

Sending an email to info@fitsoccerkids.com

Calling us at 718-954-3551

ENTIRE AGREEMENT

In case of any conflict between the policies posted on the Services and these Terms, these Terms shall take precedence. These Terms constitute the complete understanding between Fit Soccer Kids and you regarding the Services or Content and replace all previous agreements and understandings concerning the same. If any provision of these Terms is deemed invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will continue to be fully effective. Except as explicitly allowed above, any amendments to these Terms must be made through a written agreement by both parties.