TERMS OF SERVICE

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully. 

1. Agreement. These terms (the “Terms”) apply to the purchase, sale, and access to services as defined below through Corecentrix Inc. a/k/a K Studio (f/k/a Katie Barnes Fitness) and its website, www.thekstudio.co and all its sub-domains, pages, or other directly descended website addresses and internet locales (the “Website”). By placing an order from this Website, you accept and are bound by these Terms, whether or not you physically sign or otherwise indicate affirmation of these Terms. You may not order or obtain Services via this Website if you: (a) do not agree to these Terms; (b) are not 18 years of age or older; or (c) are prohibited from accessing or using this Website or any of this Website’s contents, goods, or Services by applicable law.
2. Definitions. The word “Customer” wherever used herein, shall mean you. The party from whom Customer purchases and/or accesses the Services defined below is referred to as “Company.” 
3. Services Provided. Company shall provide access to prerecorded workout videos and private online fitness coaching (the “Services”). Company shall use all commercially reasonable efforts in providing Services to Customer by allowing Customer direct access to the Services on the Website. While providing such Services, Company shall provide Customer with reasonable email and phone/video technical support. 

THE SERVICES ARE INTENDED TO ASSIST YOU IN YOUR FITNESS EFFORTS.  YOU AGREE AND ACKNOWLEDGE THAT K STUDIO IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL. THE INFORMATION PROVIDED THROUGH THIS WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING, OR THE PROFESSIONAL ADVICE OF YOUR PERSONAL PHYSICIAN. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAM IS RIGHT FOR YOUR NEEDS. DO NOT START A FITNESS OR NUTRITION PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST SUCH. PLEASE NOTE THAT K STUDIO AND ITS AFFILIATES OR EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ ON THIS WEBSITE OR THAT IS OTHERWISE PROVIDED TO YOU BY K STUDIO AND ITS AFFILIATES OR EMPLOYEES SHOULD BE CONSTRUED AS SUCH. ALTHOUGH K STUDIO AND ITS AFFILIATES AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY SERVICES TO YOU, K STUDIO DISCLAIMS ANY IMPLIED GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THIS WEBSITE OR SENT TO YOU BY K STUDIO. FOR EXAMPLE, HEALTH, DIET & FITNESS ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. NO ASSURANCE CAN BE GIVEN THAT THE SERVICES PROVIDED THROUGH THIS WEBSITE WILL REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE SERVICES ARE NOT INTENDED FOR MINORS OR INDIVIDUALS WITH HEALTH CONDITIONS WHICH WOULD INTERFERE WITH THEIR SAFE PARTICIPATION. 

4. Customer Restrictions. Customer shall not, and shall not allow anyone else, to: (i) copy or republish the Services; (ii) make the Services available  to  any  person  other  than  the Customer themselves;  (iii)  use  or  access  the Services to provide service bureau, time-sharing or other computer hosting services to third parties; (iv) modify or create  derivative  works  based  upon  the Services;  (v)  remove,  modify  or  obscure  any copyright, trademark or other proprietary notices contained in the Services; or (vi) access or use the Services in order to build a similar product or service or competitive product or service.  Subject to the limited licenses granted herein, Company shall own all right, title, and interest in and to the Services and any other deliverables provided under these Terms, including all modifications, improvements, upgrades, derivative works and feedback related thereto and intellectual property rights therein. Customer agrees to assign all right, title and interest he/she/they may have in the foregoing to Company.
5. Customer Responsibilities. 
   1. Assistance. Customer shall provide commercially reasonable information and assistance to Company to enable Company to deliver the Services. Customer acknowledges that Company’s ability to deliver the Services in the manner provided in these Terms may depend upon the accuracy and timeliness of such information and assistance.
   2. Ownership. Customer retains ownership and intellectual property rights in and to Customer’s personal information. Company and its licensors retain all ownership and intellectual property rights to the Services and anything developed and delivered under these Terms. Third-party technology may be appropriate or necessary for use in relation to the Services. Customer’s right to use such third-party technology is governed by the terms of the third-party technology license agreement specified by Company and not under these Terms.
   3. Legal Compliance. Customer shall comply with all applicable local, state, national and foreign laws in connection with its use of the Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. Customer shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights.
   4. Unauthorized Use; False Information. Customer shall: (a) notify Company immediately of any unauthorized use of any password or user information or any other known or suspected breach of security, (b) promptly report to Company and employ reasonable efforts to stop any unauthorized use of the Services that is known or suspected by Customer, and (c) not provide false identity information to gain access to or use the Services.
   5. Mobile Services. The Website may contain features in relation to the Services that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile Services will work with all carriers or devices. 
   6. Appropriate Clothing and Footwear. In accessing and participating in the Services, Customer shall wear clothing and footwear appropriate for physical exercise. 
   7. Medical Conditions. Customer shall have the responsibility and duty to report, inquire, or otherwise inform a health care provider of any conditions or changes to Customer’s health, whether now and ongoing, which might affect Customer’s ability to participate in the Services safely and with minimal risk of injury. CUSTOMER WILL NOT PARTICIPATE, OR WILL DISCONTINUE PARTICIPATION, IF CUSTOMER FEELS ILL, IS UNCERTAIN OF THE WISDOM OF CONTINUING, BECOMES INJURED, IS ADVISED TO DO SO BY SOMEONE WITH SUFFICIENT RELEVANT KNOWLEDGE, OR OTHERWISE FACES A CIRCUMSTANCE IN WHICH NON-PARTICIPATION MAKES THE MOST SENSE FOR CUSTOMER.
6. Relationship with Website’s Terms and Conditions. Company’s Website Conditions of Use do continue to apply to you except to the extent modified and superseded by these Terms.
7. Account Registration and Use. Customer must register for an account in order to purchase, access, and receive the Services. Account information must be accurate, current, and complete. Customer agrees to keep account information up-to-date so that Company may send invoices, statements, and other information by email or through Customer’s account. Customer must ensure that any account login information, passwords, and other access credentials for the Services are kept strictly confidential and not shared with any unauthorized person. Customer shall be responsible for any and all actions taken using its and its users’ accounts, passwords or access credentials.
8. Fees; Prices and Payment Terms; Refunds 

NOTE: this will need to be adjusted based on your specific intent / preferences. 

1. Fees. Fees for Services shall be as stated on the Website and/or as otherwise provided to you by us. Fees may automatically renew unless terminated by Company or you notify us by email at katie@kstudio.co of your decision to terminate the Services.
   1. All prices posted on the Website are subject to change without notice. The price charged for Services will be the price in effect at the time the order is placed and will be set out in Customer’s order confirmation email. Any price increases will only apply to orders placed after such changes. 
   2. Terms of payment are within Company’s sole discretion and payment must be received by Company in order to trigger any of Company’s obligations to Customer under these Terms.
   3. In the event that automatic billing shall fail to occur for any reason, Company shall issue an electronic invoice to Customer. Full payment for any issued invoices must be received by Company within thirty (30) days from the date indicated on the invoice. All unpaid amounts are subject to an automatic charge of ___% per month on any outstanding balance, including all fees and costs associated with any collection efforts made by Company and may result in immediate termination of Services to Customer. 
   4. Customer warrants and represents that: (i) the credit card information Customer supplies to Company is true, correct, and complete; (ii) Customer is duly authorized to use such credit card for the purchase; (iii) charges incurred by Customer will be honored by Customer’s credit card company; (iv) Customer will pay charges incurred, including all applicable taxes (if any); and (v) Customer will not seek to have the credit card company or other financing entity “reverse” the charges associated with Customer’s order without first providing notice to Company.
2. Refunds. There is no right to any refund unless the Services are not provided due to the fault of the Company, in which case a proportionate refund would be issued.

9. Force Majeure. Each party will be excused from performance for any period during which, and to the extent that, such party is prevented from performing any obligation or Services, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, and power failures.
10. Warranties and Representations by Company. In addition to any other warranties provided by law or otherwise, Company represents and warrants that it will provide the Services in a professional manner consistent with general industry standards. 

Company warrants that the Services will be performed in all material respects in accordance with these terms. Company does not guarantee that the Services will be performed error-free or uninterrupted, or that Company will correct all errors. Customer acknowledges that Company does not control the transfer of data over communications facilities, including the internet, and that the Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. This section sets forth the sole and exclusive warranty given by Company (express or implied) with respect to the subject matter of these terms. Neither Company nor any of its licensors or other suppliers warrant or guarantee that the operation of the Services will be uninterrupted, virus-free or error-free, nor shall Company or any of its service providers be liable for unauthorized alteration, theft or destruction of customer’s data, files, or programs.

11. Limitation of Liability. IN NO EVENT SHALL K STUDIO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SERVICES PROVIDED TO YOU BY K STUDIO OR COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS OF OR ANY OTHER PERSONS YOU MEET THROUGH THE WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH K STUDIO, THIRD PARTIES AND OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN THE EVENT THE WEBSITE CHOOSES TO PROMOTE THE SERVICES OF ANY THIRD PARTY, YOU AGREE AND ACKNOWLEDGE THAT THE THIRD PARTY WILL NOT PERSONALLY BE PROVIDING THE SERVICES, NOR COMMUNICATING WITH INDIVIDUAL MEMBERS DIRECTLY OR PERSONALLY.
12. Assumption of Risk. By using the Services, you acknowledge that you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including risks that arise as a result of participating in the Services made available by Company, performing physical activity, and/or using any equipment in connection with participating in the Services. You understand that injuries or damage could occur by natural causes whether as a result of negligence or otherwise. To the fullest extent permitted by applicable law, you voluntarily assume all risk of loss, damage and injury to person or property that may arise from, or that is related to, your use of the Services, whether such risk is known or unknown to you.
13. Term and Termination. 
    1. Term. These Terms are effective as long as you are a Customer or until all Services have expired or are terminated, whichever is longer.
    2. Suspension of Services. Company may suspend Customer’s access to the Services in the event that: (i) Customer’s account is overdue; (ii) Customer has breached any of these Terms; or (iii) suspension is necessary to prevent harm or liability to other customers or third parties, or to preserve the security, stability, availability or integrity of the Services. However, unless Customer’s Services have been terminated, Company may cooperate with Customer to promptly restore access to the Services upon verification that Customer has resolved any and all conditions requiring suspension.
    3. Termination. Company can terminate the Service at will, at any time. Customer can terminate by providing at least thirty (30) days’ written notice. 
    4. Effect of Termination. Upon any expiration or termination of the Services: (i) all Services shall terminate; (ii) Customer’s right to access the Services will cease. Except where these Terms specify an exclusive remedy, all remedies under this Agreement, including termination or suspension, are cumulative and not exclusive of any other rights or remedies that may be available to a party.
14. Indemnification. Customer agrees to defend and indemnify Company and its respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of any of the following:
    1. your breach of these Terms or the documents referenced herein; 
    2. your violation of any law or the rights of a third party; 
    3. your negligence, willful or reckless disregard, or your intentional conduct; 
    4. your participation in the Services; 
    5. your other interactions with Company.
15. Promotions and Offers. Company may, as part of the Services, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. The Website reserves the right to send specific promotions to specific customers and other individuals. Price discounts cannot be used together or combined with other discount offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. Unless you have elected not to receive promotional information, Company may also use any personal information you provide to us with information regarding our promotions. Company may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.
16. Law; Dispute Resolution. 
    1. All matters relating to the Terms and the Services, and any dispute or claim arising therefrom or related thereto (in each instance, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. 
    2. Any dispute between Company and Customer must first be attempted to be resolved by way of informal negotiations. Company and Customer both represent and warrant that it will engage in such informal negotiations in good faith.
    3. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Williamson County, Tennessee and Tennessee law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each side shall bear it’s/his/her/their own attorneys’ fees, the filing party shall pay any filing fees, and the parties shall evenly split the costs and fees owed to the arbitration Company and/or the arbitrator.  
17. Non-Exclusive Service. Customer acknowledges that Services provided on a non-exclusive basis. Nothing shall be deemed to prevent or restrict Company’s ability to provide the Services.
18. Information or Complaints. If you have a question regarding the Services, please contact us at katie@kstudio.co or Corecentrix Inc., 605 Berry Road, Nashville TN 37203. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in any e-mail correspondence with Company.
19. Assignment. Neither Company nor Customer shall assign any of its rights or delegate any of its obligations under these Terms without the other’s prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves either Company or Customer of any of its obligations under these Terms.
20. No Waiver. No waiver shall be effective unless it is in writing and signed by the waiving party. The waiver by either Company or Customer of any breach of these Terms shall not constitute a waiver of any other or subsequent breach.
21. Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
22. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than Company and Customer.
23. Entire Agreement. Any order confirmation, these Terms, and Conditions of Use will be deemed the final and integrated agreement between Company and Customer on the issues covered in those collective items. 
24. Notices. Except as otherwise permitted in these Terms, notices shall be in writing and shall be deemed to have been given: (a) five (5) business days after mailing if sent by registered or certified U.S. mail; (b) when transmitted if sent by facsimile, provided that a copy of the notice is promptly sent by another means specified in this section; or (c) when delivered if delivered personally or sent by electronic mail. 
25. Signatures. These Terms may be executed in multiple counterparts, each of which when executed will be an original, and all of which, when taken together, will constitute one agreement. Delivery of an executed counterpart of a signature page of these Terms by facsimile or other electronic transmission will be effective as delivery of a manually executed counterpart.

• BY CHECKING THIS BOX BELOW, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTANDS THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. CUSTOMER FURTHER CERTIFIES CUSTOMER’S UNDERSTANDING AND ACCEPTENCE OF THESE TERMS AND THAT CUSTOMER IS KNOWINGLY ENTERING INTO THIS LEGALLY BINDING CONTRACT.