Terms of Service Agreement
Last Updated: January 26, 2021
This Website is intended to provide information and services to adults. This Website is not intended for children under 16 to use without direct parental supervision. No one under 16 may use the website without the consent of their parent or legal guardian.
By using the Website, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. AtmosEffect reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event AtmosEffect replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Website after a change in the Last Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment herein.
(1) User Warranties
By using the Website, you warrant that you are age sixteen (16) or above the age of majority within your legal jurisdiction or have the express permission of your parent or legal guardian, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.
(2) Limited License
You acknowledge and agree that the Website is the property of or is licensed by AtmosEffect and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. AtmosEffect reserves all of rights not expressly granted through this Agreement.
AtmosEffect provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
(3) Acceptable Use Policy
You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website.
(4) Copyright Policy
The Website and its associated content and services are © 2022 KAB Fitness LLC dba AtmosEffect Fitness.
If you believe that a user of the Website has infringed upon your copyright rights, you may provide us a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.
Upon receipt of a notice that complies with this section, we will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
This notice of copyright infringement must contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work(s) alleged to have been infringed;
- The location of the copyrighted work(s) on the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
If you are a Website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:
- Identification of the specific materials that have been removed from the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which we are located;
- A statement that you will accept service of process from the notifying party; and
- Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications must be submitted to us at Info@AtmosEffect.com or via postal address to the following address:
Attn: KAB Fitness LLC dba AtmosEffect Fitness
16726 Mooner Plank Circle
Wimauma, FL 33598
Payment for all service orders placed through the Website or third-party payment processing applications that AtmosEffect utilizes, shall be taken at the time of the service appointment, or prior if available through the auto-billing or period services. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website or third-party payment processing applications that AtmosEffect utilizes. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that AtmosEffect is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by AtmosEffect payment processor. You agree that you will not initiate any chargebacks to AtmosEffect unless otherwise authorized by AtmosEffect in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against AtmosEffect. All sales are final and payments are non-refundable. Your submission of payment to AtmosEffect affirmatively expresses that you accept and understand the terms and conditions of your pricing, payment and billing structure (whether single payment or automatic recurring payments) and understand the services and/or products that you will receive in return for said payments. If you have questions in regards to pricing, payments, policies and/or terms or feel that there is an error in regards to your pricing or payments at any point in time, it is your responsibility to seek a member of AtmosEffect management for clarification.
Auto-Billing for Memberships:
AtmosEffect offers many services, as described in Section 6 of this Agreement, which may be on a recurring billing cycle, rather than a single payment. These services can be referred to as the auto-billed memberships. These services include, but are not limited to, FitCamp memberships, Personal Training memberships (in-person or through a virtual streaming service such as Zoom), and Online Coaching memberships. These auto-billed memberships are charged once every four (4) weeks on a recurring basis, with the first payment being made at the time of signing up with AtmosEffect. Payments on auto-bill memberships are set to automatically expire after a period of 3 years. Auto payments on a membership can expire sooner at your request, so long as the user provides a 30-day written cancellation notice to AtmosEffect per our cancellation policies (please see Section 7). In addition, please reference Section 7 for information regarding unused sessions and/or FitCamp classes.
Program Periods – 4/8/12:
In addition to auto-billed membership, AtmosEffect offers the services, provided in Section 6 of this Agreement, in term periods of four (4) weeks, eight (8) weeks, or twelve (12) week options. For programs longer than four (4) weeks, the user is auto-billed every four weeks for the duration of the respective program. The first payment for all packages is made at the time of signing up with AtmosEffect. Auto payments within these programs can expire sooner at your request, so long as the user provides a 30-day written cancellation notice to AtmosEffect per our cancellation policies (please see Section 7). In addition, please reference Section 7 for information regarding unused sessions. For these programs, all sessions must be used within the designated package time period. Unused sessions do not roll from one payment period to the next within the 4 week, 8 week and 12 week options. It is AtmosEffect’s sole discretion to extend the timeframe of a designated package due to the re-scheduling of sessions, or other reasons AtmosEffect deems appropriate. Upon the end of the program’s duration, all unused sessions must be used.
Personal Training On-Demand:
Users may also participate in personal training session via our On-Demand program. These programs are billed every four (4) weeks on a recurring basis, with the first payment being made at the time of signing up with AtmosEffect. Payments on this auto-bill program/membership are set to automatically expire after a period of 3 years. Auto payments on this membership can expire sooner at your request, so long as the user provides a 30-day written cancellation notice to AtmosEffect per our cancellation policies (please see Section 7).
It is the client’s responsibility to contact AtmosEffect in order to schedule personal training sessions within the Personal Trainer On-Demand format. AtmosEffect will do their best to accommodate scheduling requests, however, there is no guarantee that there will be availability during the clients desired timeslot.
(6) Services and Availability
While AtmosEffect strives to provide regular access to its services and Website, it is possible high volume or specific services may be unavailable at the time of your order. If this is the case, AtmosEffect will contact you in a reasonable time frame to advise you of the issue. You understand and agree that the availability of a service displayed through the Website or other advertising platforms does not guarantee that the service will be available at a certain date or time.
AtmosEffect offers many services and products. While the services and products provided are always changing, the general breakdown of renewing services, single services, products and on demand programs are included but not limited to the following:
- Personal Training (in-person and virtual live-stream)
- Transformation Groups
- Online Coaching
- Event Experiences
- Corporate, municipality and B2B wellness services
- Miscellaneous fitness services and nutrional guidance
Users may cancel their memberships or services at any time. To do so, users will need to submit a cancellation notice in writing to AtmosEffect (30-day notice of cancellation). Upon receipt of the user’s 30-day notice of cancellation, AtmosEffect will auto-bill the user one more time per their normal billing cycle, in which the user will have continued access to the membership for the final thirty-day period (“Cancellation Window”).
- Cancellation of FitCamp Memberships: Upon receipt of the 30-day written notice of cancellation, the user will have continued access to FitCamp classes during the Cancellation Window. Unused classes do not accumulate or rollover in a FitCamp membership and there are no options for refund or to gift any unused FitCamp classes to anyone else.
- Cancellation of all other Memberships or Packages: Upon cancellation, users must use all unused sessions before the 30-day Cancellation Window. These unused sessions may be accumulated from monthly rollover, or otherwise. If users have not utilized all of their unused sessions prior to the end of the Cancellation Window, users may either (1) forfeit such sessions without refund or (2) gift the unused sessions to a friend or family member within the given service area, at a fee of $20 per 60 minute session and $15 per 30 minute session.
All sales are final and payments are non-refundable. In addition, there are no refunds available for unused sessions or unused classes for any membership or package. Sales of products, either sold via Etsy, Printful or directly through an AtmosEffect representative are final and non-refundable.
(9) Rescheduling Appointments
Appointments and sessions can be rescheduled, only when the client provides a minimum of a 24-hour notice to AtmosEffect. Failure to due so within this time-frame will result in the session being forfeited without refund (see bullet point below for further guidance about small groups and transformation groups). Please call us directly in order to reschedule. If you are late to a FitCamp or a personal training session, this time will be deducted from your total session time.
There are no refunds available for cancelled appointments or FitCamp classes, only the opportunity to reschedule provided that a minimum of 24 hour notice is provided to AtmosEffect
If an appointment lands on a day where AtmosEffect is closed for business, whether due to holiday or similar closure, AtmosEffect will work with the client to re-schedule their appointment to another day.
Small Group Personal Training and Transformation Group sessions are forfeited automatically at the individual level when the group meets and an individual does not show-up to a workout. The 24 hour policy, in this case, applies to the whole group collectively, rather than each individual in the group. The decision to reschedule a small group or transformation group session rests solely at the discretion and authority of Atmos.
(10) Inclement Weather
If lightning is detected within 5 miles of the training location or other inclement weather is occurring such as rain, excessive heat/cold or otherwise, the FitCamp or training session will either 1) be transitioned into a suitable indoor space (if applicable) or 2) be transitioned onto a virtual platform such as Zoom, as AtmosEffect refrains from cancelling training sessions. If neither indoor or virtual options are appropriate/feasible (as solely determined by AtmosEffect), the session will be rescheduled; No refund will be issued, however, you will receive credit in order to re-schedule the missed personal training session or FitCamp.
(11) User Accounts
AtmosEffect may provide you with the ability to create a user account, either through AtmosEffect itself or through a support third-party vendor whom AtmosEffect utilizes, which may provide you with the ability to view special pricing, view order status, and see recently viewed and purchased services through the Business (hereinafter “User Account”). A User Account may be created through information obtained by AtmosEffect when you are signing up for services, or when you voluntarily create an account utilizing one of the third-party services that AtmosEffect uses. Sepcifically, AtmosEffect uses, but is not limited to only use, Vagaro, Inc., Trainerize, Esty and Printful for various services.
AtmosEffect reserves the right to suspend or terminate your User Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.
When using a User Account, you warrant and agree that, on behalf of yourself and your past, present, and future agents, servants, employees, representatives, and attorneys, you will hold the terms of all AtmosEffect pricing and services confidential and will refrain from distributing AtmosEffect pricing lists to any third parties except: (a) as may be required pursuant to a court order or other lawful process; or (b) as may be required by applicable law (including tax laws and regulations). This confidentiality provision will not extend to any pricing or inventory information that is now or may in the future become generally available to the public through no improper action or inaction by AtmosEffect or its affiliates, agents, consultants, or employees. You and AtmosEffect acknowledge and agree that a violation of this confidentiality obligation would cause AtmosEffect irreparable harm not compensable by monetary damages. Accordingly, in the event of an actual or threatened violation of your confidentiality obligations under this section, AtmosEffect will be entitled to temporary, preliminary, and permanent injunctive relief, without the necessity of filing a bond. Additionally, in the event of your actual violation of these confidentiality obligations, AtmosEffect will be entitled to recover against you: (a) actual monetary damages; and (b) in all events where liability is established, the reasonable attorneys’ fees and costs incurred in connection with establishing liability.
(12) Third Party Links
You acknowledge and agree that the Website may contain links to third party websites or content that AtmosEffect does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that AtmosEffect will not be responsible for websites not under the ownership or control of AtmosEffect.
(13) Term and Termination
The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) AtmosEffect terminates your access to the Website; (ii) you cease using the Website and terminate your User Account, or (iii) notification to AtmosEffect, via writing, that you wish to terminate your contractual relationship with AtmosEffect, so long as it does not breach any other term of this Agreement. AtmosEffect reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by AtmosEffect, including but not limited to AtmosEffect Fitness, are common law or registered trademarks owned by or licensed to AtmosEffect. You are expressly prohibited from using the trademarks of AtmosEffect to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of AtmosEffect in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
(15) ADA Accessibility Policy
We are happy to accommodate users with special needs or requirements. AtmosEffect is committed to providing its employees and the public, including persons with disabilities, with access to the Website and its related information and services. In designing the website, AtmosEffect makes reasonable efforts to comply with the WCAG 2.1 Level AA web accessibility standards, particularly by offering each user the ability to modify their website experience via AccessiBe widgets or similar. The Website has been designed to reach the widest audience possible, but, if you have difficulty viewing the Website, using the Website, or performing any transaction through the Website, you are encouraged to contact AtmosEffect at Info@AtmosEffect.com.
(16) Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ANY PURCHASED SERVICES, PRODUCTS OR FREE DEMOS ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT ATMOSEFFECT WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT ATMOSEFFECT’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.
ATMOSEFFECT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. EXCEPT FOR THE WARRANTIES SPECIFICALLY STATED IN THIS AGREEMENT, PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
ATMOSEFFECT WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT ATMOSEFFECT’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PRODUCTS OR $1000, WHICHEVER IS LESS.
You agree to indemnify, defend, and hold harmless AtmosEffect, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your purchase of services through the Website; (iii) your use or misuse of services obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend AtmosEffect will not provide you with the ability to control AtmosEffect’s defense, and AtmosEffect reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
(18) Resolution of Disputes and Governing Law.
This Agreement will be governed by and interpreted in accordance with the laws governed by the State of Florida without regard to the conflicts of laws rules thereof.
YOU AND ATMOSEFFECT AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN ABU DHABI, UAE AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE UNITED ARAB EMIRATES AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND ATMOSEFFECT AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGEMENT IN ANY COURT THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND ATMOSEFFECT AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF FLORIDA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND ATMOSEFFECT HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL AND SUBJECT MATTER JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Notwithstanding the foregoing, both parties retain the right to file any claim that is not a class action and which is properly within the limited jurisdiction of a small claims court within small claims court.
Both parties understand and agree that they explicitly waive their rights to participate as a class representative or a class member in any class action lawsuit or arbitration proceeding arising out of or in relation to this Agreement. Both parties also explicitly waive any right to assert consolidated claim with respect to any lawsuit or arbitration proceeding that may arise out of or in relation to this Agreement.
Both parties understand and agree that their liability under the terms of this Agreement shall not exceed $1,000. Both parties understand and agree, and explicitly waive, that the arbitrator of any claim or dispute arising out of or in relation to this Agreement will be prohibited from granting consequential, special, indirect, incidental, punitive, or exemplary damages.
BOTH PARTIES UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE. THE PARTIES EXPLICITLY WAIVE ANY AND ALL STATUTE OF LIMITATIONS OR TIME BARS.
(19) Force Majeure
AtmosEffect will not be responsible for any delay or failure in performance of the Website or failure to provide associated products and services arising out of any cause beyond AtmosEffect’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, computer or technology outages or failures, severe weather, or other accidents.
For in-person services, if lighting is detected within five (5) miles of the training location or other inclement weather is occurring, such as rain, excessive heat/cold, or otherwise, the FitCamp or any other related service session will either (1) be transitioned into a suitable indoor space, if applicable, or (2) be transitioned onto a virtual platform such as Zoom, as AtmosEffect refrains from cancelling training sessions. If neither of the options above are viable or appropriate, at AtmosEffect’s sole discretion, the session will be rescheduled. No refund will be issued for the scheduled session, however, you will receive credit in order to re-schedul the missed personal training session, FitCamp, or other related service.
This Agreement, the Website, or any information material found relating to AtmosEffect shall not constitute an offer for franchise. All individuals interested in franchising shall contact AtmosEffect via email at Franchise@AtmosEffect.com or via postal address at the following:
16726 Mooner Plank Circle
Wimauma, FL 33598
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend AtmosEffect.
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
You are expressly prohibited from assigning your rights and duties under this Agreement. AtmosEffect reserves the right to assign its rights and duties under this Agreement, including in a sale of AtmosEffect or its Website.