TERMS & CONDITIONS

CONDUCT, RISKS AND SAFETY

CONDUCT

Members and Participants shall not use the TKO studio, service or equipment in such a way as to endanger the health or safety of themselves or others. Members and Participants shall be responsible for any property damage or personal injury caused by themselves or their guests. Members and Participants agree not to violate any laws while on TKO’s premises.

REVOCATION OF MEMBERSHIPS AND CREDITS

TKO, in its sole discretion, may revoke Memberships or Credits at any time and without refund, in the event that a Member or Participant engages in behavior that is unsafe or objectionable to any other Member, Participant or staff, or for reasons of nuisance or disturbance to any other Member, Participant or staff, moral turpitude, fraud, personal hygiene or attire. TKO also reserves the right, in its sole discretion, to require a Member or Participant to leave for the day if, in TKO’s reasonable judgment, a Member or Participant poses a health or safety risk or is disturbing or is likely to disturb any other Member, Participant or staff.

MEDICAL RECOMMENDATIONS AND DISCLAIMER

Members and Participants should consult with their physician or have a physical examination before using any of TKO’s facilities or enrolling in any classes, especially if the Member or Participant is elderly, pregnant, has a prior injury, has a history of heart disease, high blood pressure or other chronic illness, is unaccustomed to physical exertion or has other physical limitations. Members and Participants acknowledge that TKO makes no claims as to medical or fitness results that can or may be obtained through use of the TKO’s facilities, equipment or services. TKO has neither suggested nor will suggest any medical treatment to Members or Participants. Only licensed medical professionals are qualified to give medical advice.

HEALTH WARRANTY

Members and Participants represent that: (1) there are no medical or physical conditions that would preclude their use of TKO’s facilities; (2) they have not been instructed by any physician not to use TKO’s facilities, equipment, services, or similar equipment or services; and (3) they are in good health and have no disability, impairment, injury, disease or ailment preventing them from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. Members and Participants acknowledge that if they have any chronic disabilities or conditions, they are at risk in using TKO’s classes and facilities, and should not be participating in any classes.

ACTIVITY RISKS

Any strenuous athletic or physical activity involves certain risks. Members, Participants and their guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of TKO’s facilities. TKO cannot guarantee that any facility or equipment is free of risk. Members and Participants agree to exercise care in the use of TKO’s facilities, equipment and services to protect against accidents.

LOSS OF PROPERTY

Members and Participants are urged not to bring valuables onto TKO premises and, if they choose to do so, to keep valuables with themselves at all times. TKO shall not be liable for the disappearance, loss, theft of or damage to personal property (including money, jewelry, or other valuables), including items left in lockers.

ACCOUNT PROTECTION

Members and Participants may not let others use their TKO username or password. If a Member or Participant allows another person to use their Member ID or password to book and/or attend classes, TKO, in its sole discretion, reserves the right to revoke or suspend Member’s Membership or Participant’s Credits.

ACCOUNT DELETION

You may request your account to be deleted by approaching our frontdesk or emailing us at info@tko.fitness.

LOCKERS

Lockers are provided solely for the benefit and convenience of the members. TKO staff will remove and discard any articles left in a locker overnight. TKO is not responsible for any losses, theft or damages of personal property within the vicinity of TKO.

PRIVACY POLICY

TKO understands the importance of privacy, and we want you to be as comfortable as possible using our TKO Website, TKO App and other services. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may change, but any changes will be posted and changes will only apply to activities and information on a “going forward” basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used. Note: the privacy practices set forth in this privacy policy are for this TKO Website and TKO App only. If you link to other websites, please review the privacy policies posted at those sites.

CONFIDENTIALITY OF INFORMATION COLLECTED

We collect certain personal information, such as names, postal and email addresses, credit card information etc., when voluntarily submitted by our Members and Participants. The information you provide is used to fulfill your specific request, to improve the experience on our TKO Website and TKO App, and to ensure a successful experience at TKO.  TKO may also log non-personally identifiable information including IP address, profile information, aggregate user data, and browser type, from users of the site. This data is used to manage the TKO Website and TKO App, track usage and improve the TKO Website and TKO App services. This non-personally- identifiable information may be shared with third parties to provide more relevant services and advertisements to users. User IP addresses are also recorded for security and monitoring purposes. We may also record information about your usage, such as when you use the TKO Website and TKO App. If you are logged in, we may associate that information with your account. We may use clear gifs (a.k.a. “web beacons”) in html- based emails sent to our users to track which emails are opened by recipients. We may also use a user’s email address to send updates, a newsletter or news regarding TKO. Users may elect not to receive these emails by following opt-out instructions. TKO reserves the right to send you important notices about your account even if you opt out of all voluntary email notifications.

Closed circuit security cameras TKO takes safety and security very seriously.  For this reason, we use closed circuit security cameras within our facility.

Cookie/tracking technology This TKO Website or TKO App may use cookie and tracking technology. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the TKO Website or TKO App, and understanding how visitors use the TKO Website and TKO App. Cookies can also help customize our TKO Website and TKO App for visitors. Personal information cannot and will not be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Distribution of information When necessary, TKO may share information with governmental agencies or other third parties assisting us in fraud prevention or the investigation of fraudulent or criminal activity. We may do so when: (i) permitted or required by law; (ii) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (iii) when investigating fraud which has already taken place. Your information is not provided to these companies for marketing purposes.

Commitment to data security We will keep your personal information secure at all times. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) will have access to this information. All marketing emails and newsletters from the TKO site allow you to opt out of further marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information (such as firewalls and secure sockets layer software) where appropriate. Nevertheless, absolute security does not yet exist on the internet.