CKO Kickboxing Terms and Conditions and Liability Waiver

Effective Date: March 30, 2026 Last Updated: March 30, 2026

1. Binding Agreement and Acceptance of Terms

These Terms and Conditions and Liability Waiver (“Terms”) constitute a legally binding agreement between you and CKO Kickboxing, including its parent entities, subsidiaries, affiliates, licensors, franchisees, independently owned and operated locations, successors, assigns, officers, directors, employees, contractors, and agents (collectively, “CKO Kickboxing”). These Terms govern your access to and use of any website, microsite, mobile application, digital platform, facility, program, class, product, or service offered under the CKO Kickboxing brand (collectively, the “Services”).

You further acknowledge that these Terms contain, among other provisions, disclaimers of warranties, limitations of liability, waivers of legal rights, an assumption of risk, a release of claims, a covenant not to sue, mandatory arbitration provisions, and class action waivers. Your use of the Services is entirely voluntary and undertaken at your sole risk.

If you do not agree to these Terms, you must immediately discontinue access to and use of the Services.

2. Independent Franchise Structure and Absolute Liability Separation

CKO Kickboxing is solely a franchisor and brand licensor and does not own, operate, manage, or control any independently owned and operated franchise location unless expressly stated otherwise in a separate written agreement signed by an authorized representative of CKO Kickboxing. Each location operating under the CKO Kickboxing brand is a separate and distinct legal entity that is solely responsible for its own operations, employees, contractors, facilities, equipment, memberships, pricing, contracts, services, local advertising, billing practices, safety practices, staffing decisions, scheduling, customer interactions, and policies. Nothing in these Terms shall be construed to create any agency, partnership, joint venture, fiduciary relationship, employment relationship, or other special relationship between CKO Kickboxing and any independently owned and operated location or between CKO Kickboxing and any member, customer, or user of a location. To the maximum extent permitted by applicable law, CKO Kickboxing expressly disclaims any and all liability arising out of or relating to any act, omission, negligence, misconduct, condition, policy, contract, representation, promise, service, failure to act, billing practice, refund practice, membership dispute, employment matter, injury-producing event, or operational decision of any independently owned and operated location. You agree that any claim, dispute, or issue arising from services provided by a specific location shall be brought solely against that independently owned and operated location and not against CKO Kickboxing, except to the extent a claim is based solely on the direct acts of CKO Kickboxing itself and cannot lawfully be waived or disclaimed.

3. Eligibility, Capacity, and Comprehensive User Representations

You represent, warrant, and covenant that you are at least eighteen (18) years of age, or, if you are not at least eighteen (18) years of age, that a parent or legal guardian with full authority has consented to your use of the Services and has agreed to these Terms on your behalf to the extent permitted by law. You further represent, warrant, and covenant that you have full legal capacity, authority, and competence to enter into and be bound by these Terms, that all information you provide to CKO Kickboxing or through the Services is true, accurate, complete, and current, and that you will promptly update any information that becomes inaccurate or outdated. You further represent that you are not prohibited from using the Services under any applicable law, rule, order, judgment, or contractual restriction and that your use of the Services will at all times comply with all applicable federal, state, and local laws, rules, regulations, and ordinances. You acknowledge and agree that you are solely responsible for determining your own physical condition, health status, fitness level, and ability to participate safely in any activities or to use any products, content, training methods, facilities, or programs made available through the Services, and that CKO Kickboxing has no obligation to assess, monitor, or determine your suitability for participation.

4. Notice of Terms and Acceptance by Continued Use

These Terms are made available through the Services in a manner reasonably designed to provide notice, including through conspicuous links and commonly used website locations. By accessing, browsing, or continuing to use the Services after these Terms are posted or otherwise made available, you agree to be bound by these Terms to the fullest extent permitted by applicable law. If you do not agree to these Terms, you must immediately discontinue use of the Services. You are responsible for reviewing these Terms periodically for updates. Your continued use of the Services after any modification, amendment, or update to these Terms constitutes your acceptance of the revised Terms, provided that such revised Terms are made reasonably available through the Services.

5. No Medical Advice, No Duty, and No Reliance

CKO Kickboxing does not provide medical, nursing, therapeutic, mental health, dietary, nutritional, rehabilitation, professional, legal, tax, or other licensed professional advice of any kind. All content, instruction, demonstration, training information, communications, videos, articles, programs, plans, and other materials provided through the Services are for general informational purposes only and are not intended to diagnose, treat, cure, prevent, or mitigate any health condition or injury. Nothing provided through the Services shall be construed as medical advice, diagnosis, treatment, or a substitute for consultation with qualified licensed professionals. You acknowledge and agree that no physician-patient, trainer-client, fiduciary, advisory, confidential, or special relationship is created between you and CKO Kickboxing by virtue of your use of the Services. To the maximum extent permitted by applicable law, CKO Kickboxing expressly disclaims any duty of care with respect to your health, safety, medical condition, fitness outcomes, physical response to exercise, or suitability to participate in any activity. You further agree that you have not relied, and will not rely, upon any statement, suggestion, communication, or omission by CKO Kickboxing as a basis for making medical, health, or participation decisions.

6. Comprehensive Disclosure and Acknowledgment of Risks

You acknowledge, understand, and expressly agree that participation in kickboxing, boxing, martial arts, strength training, resistance training, cardio exercise, high-intensity interval training, personal training, group fitness classes, bag work, pad work, sparring-related drills, stretching, warm-ups, cool-downs, use of locker rooms, use of fitness equipment, use of floors or mats, and all other physical or athletic activities offered or referenced through the Services involves inherent, significant, obvious, non-obvious, latent, and potentially dangerous risks. These risks include, without limitation, sprains, strains, bruises, fractures, dislocations, torn muscles, torn ligaments, head injuries, concussions, traumatic brain injury, eye injury, dental injury, cuts, abrasions, impact injuries, repetitive stress injuries, back injuries, neck injuries, aggravation of pre-existing conditions, dehydration, heat-related illness, overexertion, rhabdomyolysis, fainting, falls, slips, trips, collisions, heart attack, stroke, arrhythmia, cardiovascular events, respiratory events, serious illness, exposure to bacteria or viruses, and permanent disability or death. You acknowledge that such risks may result from your own actions or inactions, the actions or omissions of instructors, employees, independent contractors, other users, or third parties, the use or misuse of equipment, facility conditions, environmental conditions, sanitation practices, negligent instruction, negligent supervision, negligent emergency response, or unknown, hidden, or unforeseeable causes. You further acknowledge that injuries may occur even when reasonable care is used and even when no one has acted negligently.

7. Express, Knowing, and Voluntary Assumption of Risk

You knowingly, voluntarily, and expressly assume all risks associated with your use of the Services and your participation in any activities, whether such risks are known or unknown, obvious or hidden, foreseeable or unforeseeable, and whether such risks arise before, during, or after your participation. To the maximum extent permitted by applicable law, this assumption of risk includes risks arising from the negligence, acts, omissions, carelessness, instruction, supervision, facility conditions, equipment conditions, or other conduct of CKO Kickboxing or any independently owned and operated location. You accept full personal responsibility for any injury, illness, loss, damage, liability, expense, or death that may result from your participation, and you agree that participation is solely your own choice and responsibility.

8. Release, Waiver, and Covenant Not to Sue

To the maximum extent permitted by applicable law, you hereby irrevocably release, waive, discharge, and covenant not to sue CKO Kickboxing from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses of every kind or nature, whether known or unknown, suspected or unsuspected, fixed or contingent, arising out of or relating in any way to your access to or use of the Services or your participation in any activities. This release includes, without limitation, claims based on negligence, premises liability, negligent hiring, negligent retention, negligent supervision, negligent instruction, negligent failure to warn, negligent emergency response, equipment malfunction, product-related theories, or any other common law, statutory, equitable, or contractual theory, except to the extent such release is prohibited by applicable law, including claims arising from gross negligence, reckless conduct, or willful misconduct where such claims cannot legally be waived. You acknowledge that this release is intended to be interpreted as broadly as the law allows and that it shall bind you and your heirs, executors, administrators, representatives, successors, and assigns.

9. Indemnification, Defense, and Reimbursement Obligations

You agree to indemnify, defend, and hold harmless CKO Kickboxing from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to your use of the Services, your participation in any activities, your conduct, your communications, your content, your violation of these Terms, your violation of applicable law, your infringement or violation of the rights of any third party, or any claim brought by a third party arising from or relating to you. CKO Kickboxing reserves the right, at its own option and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with that defense. You further agree to reimburse CKO Kickboxing upon demand for any expenses incurred in enforcing these Terms or responding to claims arising from your conduct or breach.

10. Emergency Medical Consent

In the event of an injury, illness, accident, or medical emergency occurring in connection with your use of the Services or participation in any activities, you authorize CKO Kickboxing and any independently owned and operated location, including their employees, contractors, instructors, agents, and representatives, to obtain, arrange, or summon emergency medical care, transport, rescue services, or other assistance on your behalf if deemed reasonably necessary under the circumstances. You acknowledge and agree that CKO Kickboxing is under no duty to provide such care, has no duty to select any particular provider or course of treatment, and shall not be liable for any action taken or not taken in connection with emergency response, except to the extent liability cannot lawfully be waived. You further agree that you are solely responsible for all costs, charges, and expenses associated with any emergency or non-emergency care, transportation, provider services, hospitalization, medication, rehabilitation, or follow-up treatment.

11. Insurance and Financial Responsibility

You acknowledge and agree that CKO Kickboxing does not provide insurance coverage of any kind for injuries, losses, damages, liabilities, medical care, hospitalization, disability, death, property damage, theft, or other harm that may occur in connection with your use of the Services or participation in any activities. You are solely responsible for obtaining and maintaining any health, medical, accident, disability, life, liability, personal injury, or property insurance that you deem appropriate. You further acknowledge and agree that you are personally and solely responsible for all medical bills, treatment costs, therapy costs, transportation expenses, lost income, property losses, deductibles, co-payments, and all other direct or indirect financial consequences arising from or relating to your use of the Services or participation in any activities.

12. Memberships, Contracts, and Complete Separation of Liability

All memberships, purchases, class packages, recurring billing arrangements, training packages, retail sales, appointments, reservations, cancellations, freezes, credits, service agreements, and other financial or contractual arrangements relating to a specific location are entered into solely between you and the independently owned and operated location providing the applicable goods or services. CKO Kickboxing is not a party to any such agreement unless expressly identified as such in a separate written instrument signed by an authorized representative of CKO Kickboxing. CKO Kickboxing assumes no responsibility or liability for pricing, billing, cancellation terms, freeze terms, contract duration, refund practices, collection practices, or disputes arising from agreements made with independently owned and operated locations.

13. Location Contracting Party Disclosure

You acknowledge and agree that any membership, class purchase, training package, appointment, booking, event registration, retail purchase, or other transaction relating to a specific location is entered into solely between you and the independently owned and operated location providing such service or goods. CKO Kickboxing is not the seller, merchant of record, service provider, or contracting party for any such location-specific transaction unless expressly stated otherwise in a separate written agreement signed by an authorized representative of CKO Kickboxing. Any rights, obligations, disputes, cancellations, refunds, credits, or claims arising from such location-specific transaction must be directed exclusively to the applicable independently owned and operated location.

14. Payments, Billing Authorization, and Financial Risk Allocation

You acknowledge and agree that all payments, fees, dues, charges, penalties, and financial obligations arising from memberships, purchases, or services are owed exclusively to the independently owned and operated location providing such services, and not to CKO Kickboxing. By providing a payment method in connection with any location-specific transaction, you authorize the applicable independently owned and operated location and its designated payment processors to charge that payment method for all authorized charges, including recurring charges, late fees, penalties, no-show fees, and any other amounts owed under your agreement with that location. You agree that such authorization remains valid until properly revoked in accordance with the policies and procedures of the applicable location. You further acknowledge that CKO Kickboxing does not control, process, hold, or store payment information submitted to independently owned and operated locations or their third-party processors and therefore disclaims any and all liability arising from unauthorized transactions, payment failures, processing errors, charge duplication, billing disputes, data breaches, or processor misconduct relating to such payments. All payment disputes must be directed to the applicable location or processor.

15. Chargebacks, Payment Disputes, and Enforcement Remedies

You agree that you will not initiate any chargeback, reversal, dispute, or similar payment claim with a bank, card issuer, payment service, or financial institution without first making a good-faith effort to resolve the matter directly with the applicable independently owned and operated location. Initiating a chargeback or payment dispute without such prior effort shall constitute a material breach of these Terms. To the maximum extent permitted by applicable law, an improper or unfounded chargeback may result in suspension or termination of access to the Services, forfeiture of remaining services or benefits, referral to collections, and recovery of administrative fees, processor fees, collection costs, and reasonable attorneys’ fees. CKO Kickboxing shall have no obligation to mediate or resolve payment disputes relating to independently owned and operated locations and shall not be liable for any financial claim relating to such disputes.

16. User Conduct and Absolute Discretion Enforcement Rights

You agree to comply fully with all rules, policies, procedures, instructions, and guidelines established by CKO Kickboxing and by any independently owned and operated location, whether communicated verbally, in writing, electronically, or through signage. You agree not to engage in any conduct that is unsafe, unlawful, reckless, abusive, threatening, harassing, discriminatory, disruptive, dishonest, violent, destructive, or otherwise detrimental to the safety, operations, property, staff, members, goodwill, or reputation of CKO Kickboxing or any location. CKO Kickboxing and any independently owned and operated location reserve the absolute and unilateral right, in their sole discretion and for any lawful reason, to deny access to the Services, refuse entry, suspend or terminate memberships, remove any individual from a facility, restrict participation in any activity, report conduct to law enforcement, or take any other lawful protective action, with or without prior notice and without refund or liability of any kind, to the maximum extent permitted by applicable law. You acknowledge that determinations regarding conduct, safety, or policy violations shall be made in the sole discretion of CKO Kickboxing or the applicable location and that you waive any claim arising from or relating to such enforcement decisions, except to the extent such claim cannot legally be waived.

17. No Reliance, Disclaimer of Representations, and No Guarantees

You acknowledge and agree that you have not relied upon any representations, statements, promises, guarantees, advertisements, marketing materials, testimonials, before-and-after depictions, social media content, or other communications of any kind, whether oral, written, electronic, visual, or implied, made by CKO Kickboxing or any independently owned and operated location, except as expressly set forth in a separate written agreement signed by an authorized representative of the applicable contracting party. You further acknowledge that no representation or warranty has been made regarding fitness results, weight loss, body composition changes, physical transformation, athletic improvement, injury prevention, safety outcomes, service availability, service continuity, class schedules, instructor availability, customer satisfaction, or any other result or outcome. Any examples, testimonials, or illustrations are provided solely for illustrative purposes and do not constitute guarantees. To the maximum extent permitted by applicable law, you waive any claims against CKO Kickboxing arising from alleged reliance, misrepresentation, omission, or failure to achieve desired results, except where such claims cannot legally be waived.

18. Third-Party Services, Systems, and External Platforms

The Services may include, integrate with, or rely upon third-party platforms, systems, software, mobile applications, communication tools, customer management systems, payment processors, booking systems, analytics services, hosting providers, social media platforms, and other external technologies or services (“Third-Party Services”). You acknowledge and agree that CKO Kickboxing does not own, operate, manage, monitor, or control such Third-Party Services and is not responsible for their performance, functionality, availability, legality, security, privacy practices, reliability, compatibility, or compliance with law. To the maximum extent permitted by applicable law, CKO Kickboxing expressly disclaims any and all liability arising from or relating to Third-Party Services, including outages, data breaches, interruptions, processor issues, incorrect charges, delays, loss of data, errors, or other failures, regardless of cause. Your use of any Third-Party Services is entirely at your own risk and subject to the applicable third party’s own terms and policies.

19. Disclaimer of Warranties

ALL SERVICES PROVIDED BY CKO KICKBOXING ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CKO KICKBOXING DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, QUIET ENJOYMENT, AVAILABILITY, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. CKO KICKBOXING DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, ERROR-FREE, COMPATIBLE WITH YOUR DEVICES, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY CKO KICKBOXING SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CKO KICKBOXING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR STATUTORY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, PERSONAL INJURY, EMOTIONAL DISTRESS, PAIN AND SUFFERING, PROPERTY DAMAGE, BUSINESS INTERRUPTION, OR OTHER LOSSES OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICES, YOUR PARTICIPATION IN ANY ACTIVITIES, YOUR USE OF ANY FACILITY, OR YOUR INTERACTION WITH ANY INDEPENDENTLY OWNED AND OPERATED LOCATION, REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. WITHOUT LIMITING THE FOREGOING, CKO KICKBOXING SHALL HAVE NO LIABILITY FOR THE ACTS OR OMISSIONS OF ANY INDEPENDENTLY OWNED AND OPERATED LOCATION, OTHER USERS, THIRD PARTIES, EQUIPMENT MALFUNCTIONS, FACILITY CONDITIONS, DATA BREACHES, OR SERVICE INTERRUPTIONS, EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE DISCLAIMED.

21. Maximum Liability Cap and Exclusive Remedy

IF, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, CKO KICKBOXING IS FOUND LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, THE TOTAL AGGREGATE LIABILITY OF CKO KICKBOXING SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID DIRECTLY BY YOU TO CKO KICKBOXING, AND NOT TO ANY INDEPENDENTLY OWNED AND OPERATED LOCATION, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00). THIS LIMITATION APPLIES IN THE AGGREGATE TO ALL CLAIMS, CAUSES OF ACTION, AND LEGAL THEORIES AND CONSTITUTES YOUR SOLE AND EXCLUSIVE MONETARY REMEDY AGAINST CKO KICKBOXING. YOU ACKNOWLEDGE THAT THIS LIMITATION IS A MATERIAL TERM OF THESE TERMS AND REFLECTS A REASONABLE ALLOCATION OF RISK.

22. Mandatory Binding Arbitration and Exclusive Dispute Resolution

Except as expressly provided in these Terms, you and CKO Kickboxing agree that any and all disputes, claims, or controversies of any kind, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, arising out of or relating to these Terms, the Services, your participation in any activities, or any relationship between you and CKO Kickboxing (“Disputes”), shall be resolved exclusively through final and binding arbitration and not in a court of law. This arbitration agreement shall be governed by the Federal Arbitration Act to the maximum extent applicable. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules, as modified by these Terms. The arbitration shall take place in New Jersey unless applicable law requires another location or the parties agree otherwise in writing. The arbitrator, and not any court, shall have exclusive authority to resolve any Dispute relating to interpretation, applicability, enforceability, formation, or scope of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. Arbitration shall be conducted only on an individual basis and not as a class, collective, consolidated, representative, or mass proceeding except as specifically permitted by applicable AAA mass-arbitration procedures where required. Nothing in this section prevents either party from bringing an individual claim in small claims court if that claim qualifies and remains entirely individual.

23. Arbitration Opt-Out

You may opt out of the arbitration provisions in Section 22 by sending written notice to CKO Kickboxing within thirty (30) days after you first use the Services following the date these Terms are posted or otherwise made available through the Services. Your opt-out notice must include your full legal name, mailing address, email address, a clear statement that you wish to opt out of arbitration, and sufficient information to allow CKO Kickboxing to identify you, your account, or your transaction, if any. The notice must be sent to the contact information listed in Section 31. If you do not timely opt out, you will be deemed to have knowingly and voluntarily agreed to the arbitration provisions in Section 22 to the fullest extent permitted by applicable law. An opt-out of arbitration applies only to the arbitration provisions in Section 22 and does not affect any other provision of these Terms.

24. Jury Trial Waiver; Class, Collective, and Representative Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, YOUR PARTICIPATION IN ANY ACTIVITIES, OR ANY RELATIONSHIP BETWEEN YOU AND CKO KICKBOXING. YOU AND CKO KICKBOXING FURTHER AGREE THAT ALL DISPUTES MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, REPRESENTATIVE ACTION, OR MASS ACTION, WHETHER IN ARBITRATION OR IN COURT, EXCEPT TO THE LIMITED EXTENT MASS-ARBITRATION PROCEDURES ARE REQUIRED BY THE APPLICABLE ARBITRAL FORUM’S RULES AND CANNOT LAWFULLY BE WAIVED.

25. Governing Law, Exclusive Venue, Jurisdiction, and Time Limitation

These Terms and any Dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles that would apply the law of another jurisdiction. To the extent a Dispute is not subject to arbitration, you agree that it shall be brought exclusively in the state or federal courts located in New Jersey, and you irrevocably consent to the personal jurisdiction of those courts and waive any objection based on improper venue, forum non conveniens, or similar doctrine. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Services must be commenced within one (1) year after the claim accrues, or it shall be permanently barred.

26. Severability, Reformation, and Contract Interpretation

If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, unlawful, void, or unenforceable, that provision shall be reformed and enforced to the maximum extent permitted so as to most closely effectuate the original intent of the provision. If reformation is not possible, the provision shall be severed, and the remaining provisions shall remain in full force and effect. These Terms shall not be construed against CKO Kickboxing as the drafting party. Headings and section titles are for convenience only and do not affect interpretation.

27. No Waiver, Cumulative Remedies, and Enforcement Rights

No failure, delay, or omission by CKO Kickboxing in exercising any right, power, or remedy under these Terms shall operate as a waiver of that or any other right, power, or remedy, nor shall any single or partial exercise of any right preclude any further exercise of that or any other right. Any waiver of any provision of these Terms shall be effective only if in writing and signed by a duly authorized representative of CKO Kickboxing. All rights and remedies of CKO Kickboxing are cumulative and in addition to any rights or remedies available at law, in equity, or otherwise.

28. Modifications, Updates, and Continued Use as Acceptance

CKO Kickboxing may modify, amend, update, supplement, or replace these Terms at any time in its sole discretion. Any modification becomes effective upon posting or publication through the Services or on any website operated under the CKO Kickboxing brand, unless a later effective date is stated. Your continued access to or use of the Services after the effective date of any modification constitutes your binding acceptance of the revised Terms, provided that such revised Terms are posted or otherwise made reasonably available through the Services in a manner reasonably designed to provide notice. It is your responsibility to review these Terms periodically. If you do not agree to any revised Terms, you must immediately discontinue use of the Services.

29. Survival, Assignment, Transfer, and Entire Agreement

All provisions of these Terms that by their nature should survive termination, expiration, or cessation of your use of the Services shall survive, including provisions regarding assumption of risk, releases, limitations of liability, indemnification, arbitration, class action waiver, governing law, and dispute resolution. CKO Kickboxing may assign, transfer, delegate, or otherwise convey these Terms, in whole or in part, at any time without notice, including in connection with a merger, acquisition, restructuring, sale of assets, or change in ownership. You may not assign or transfer any rights or obligations under these Terms without prior written consent from CKO Kickboxing. These Terms constitute the entire agreement between you and CKO Kickboxing with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written communications on that subject.

30. Force Majeure and Events Beyond Control

CKO Kickboxing shall not be liable for any failure, delay, interruption, reduction, or suspension of the Services, or for any inability to perform any obligation under these Terms, to the extent caused by events or circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, public health emergencies, governmental actions or restrictions, war, terrorism, civil unrest, labor shortages or disputes, supply chain disruptions, power failures, telecommunications failures, internet failures, cyberattacks, data breaches, system failures, or equipment malfunctions. CKO Kickboxing may, in its sole discretion, suspend, modify, limit, or discontinue Services during the occurrence of such events without liability or obligation to provide refunds, credits, or other compensation, except as required by law. CKO Kickboxing shall have a reasonable period after the end of such event to resume performance.

31. Contact Information, Communications, and No Obligation to Respond

For general inquiries regarding these Terms, you may contact CKO Kickboxing at: CKO Kickboxing, 900 Madison Street, Suite 200, Hoboken, New Jersey 07030, Email: General@CKOKickboxing.com. CKO Kickboxing is a franchisor and does not own, operate, or manage independently owned and operated locations. Accordingly, CKO Kickboxing does not provide customer service, dispute resolution, or support for location-specific matters such as memberships, billing, cancellations, refunds, scheduling, or facility-related issues, and those matters must be directed to the applicable independently owned and operated location. Submission of any communication to CKO Kickboxing does not create any contractual duty to investigate or resolve a location-specific matter except as required by law. Communications shall be deemed received only upon actual acknowledgment by CKO Kickboxing.

32. Facility Use, Equipment Use, and Personal Property Disclaimer

Your use of any facility, premises, equipment, locker room, storage area, shower, restroom, seating area, common area, or other amenity is voluntary and at your sole risk. CKO Kickboxing has no duty to inspect, supervise, monitor, or control the use of facilities or equipment and is not responsible for ensuring safe usage by any individual. You are solely responsible for using equipment properly and for understanding your physical limitations, regardless of any instruction, demonstration, or guidance provided. CKO Kickboxing shall not be liable for any loss, theft, or damage to personal property, including items brought onto the premises, stored in lockers, or left unattended, except to the extent liability cannot be disclaimed under applicable law.

33. Photography, Video, and Likeness Release

You acknowledge and agree that you may be photographed, recorded, or filmed while participating in activities, attending classes, submitting content, or being present at any location operating under the CKO Kickboxing brand. By continuing to access or use the Services after these Terms have been posted or otherwise made available, you grant CKO Kickboxing a perpetual, irrevocable, worldwide, royalty-free, fully transferable right and license to use, reproduce, distribute, display, publish, modify, edit, and otherwise exploit your name, image, likeness, voice, appearance, and biographical information in any media now known or later developed for marketing, advertising, promotional, commercial, or other lawful purposes, without compensation or further consent. You waive any claim arising out of the authorized use of such materials, including claims for compensation, invasion of privacy, defamation, false light, or misappropriation of likeness, to the fullest extent permitted by applicable law.

34. Minor Participation and Guardian Liability

If you access or use the Services on behalf of a minor, you represent and warrant that you are the minor’s parent or legal guardian and that you have full legal authority to bind the minor to these Terms to the fullest extent permitted by applicable law. By permitting a minor to access or use the Services, registering a minor, booking services for a minor, purchasing goods or services for a minor, or otherwise permitting a minor to continue using the Services after these Terms have been posted or otherwise made available, you knowingly and voluntarily agree to these Terms both individually and on behalf of the minor to the extent permitted by law. You acknowledge and agree that the minor’s participation in any activities involves inherent risks, including the risk of injury, illness, permanent disability, or death, and you expressly assume all such risks on behalf of the minor. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CKO Kickboxing from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to the minor’s access to or use of the Services or participation in any activities, including claims brought by or on behalf of the minor. To the extent applicable law limits a parent’s or guardian’s ability to waive, release, or assume liability for a minor’s claims, the remaining provisions of these Terms shall remain enforceable to the fullest extent permitted by law.

35. Account Security and Unauthorized Use

You are solely responsible for maintaining the confidentiality and security of any account credentials, login information, passwords, verification methods, or access mechanisms associated with your use of the Services. You agree to notify CKO Kickboxing promptly of any unauthorized use, suspected compromise, or breach of security. CKO Kickboxing shall not be liable for any loss, damage, or unauthorized activity resulting from your failure to maintain the security of your account or credentials. All activities conducted through your account shall be deemed authorized by you unless prohibited by applicable law.

36. Intellectual Property Rights

All content, materials, text, graphics, logos, service marks, trademarks, trade names, branding, videos, audio, photographs, designs, software, functionality, training programs, concepts, methods, layouts, and other intellectual property associated with CKO Kickboxing are owned by or licensed to CKO Kickboxing and are protected by applicable intellectual property, trademark, copyright, and unfair competition laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for personal, non-commercial purposes in accordance with these Terms. You may not copy, reproduce, distribute, publish, transmit, modify, display, create derivative works from, scrape, mine, reverse engineer, or otherwise exploit any content or intellectual property of CKO Kickboxing without prior written consent. Any unauthorized use constitutes a material breach of these Terms and may result in immediate termination of access and other available remedies.

37. Interpretation, Headings, and Construction of Terms

These Terms shall be interpreted in accordance with their plain meaning and intended purpose and not strictly for or against any party. The words “including,” “includes,” and similar terms mean “including without limitation.” In the event of a conflict between these Terms and any other communication, policy, or agreement relating to the same subject matter, these Terms shall control unless a separate written agreement signed by an authorized representative of CKO Kickboxing expressly states otherwise.

38. Pre-Dispute Notice, Informal Resolution, and Mandatory Cure Period

Before initiating any arbitration or legal proceeding against CKO Kickboxing, you must first send CKO Kickboxing a written notice of dispute that includes your full legal name, contact information, the nature and basis of the claim, relevant facts, the relief sought, and sufficient detail to permit evaluation of the claim. The notice must be sent to the contact information listed in Section 31. After receipt of a valid notice of dispute, you and CKO Kickboxing agree to engage in good-faith efforts to resolve the matter informally for at least sixty (60) days before initiating arbitration or litigation. Compliance with this section is a condition precedent to commencing any claim, and any applicable limitations period shall be tolled during that sixty-day period.

39. Mass Arbitration and Coordinated Claim Restrictions

To the maximum extent permitted by applicable law, any arbitration or legal proceeding shall be conducted only on an individual basis and not as part of any coordinated campaign of substantially similar claims brought by or on behalf of multiple individuals except to the extent the applicable arbitral forum’s mass-arbitration procedures govern and cannot lawfully be varied. If twenty-five (25) or more similar claims are asserted against CKO Kickboxing by the same or coordinated counsel, or are otherwise coordinated, the parties agree that such claims may be subject to staged, batched, or otherwise coordinated procedures consistent with the applicable AAA mass arbitration framework or other procedures ordered by the arbitrator or AAA. The arbitrator shall have no authority to consolidate claims except as expressly permitted by these Terms or the applicable arbitral rules.

40. Equitable Relief, Injunctive Rights, and Enforcement Authority

Notwithstanding any other provision of these Terms, CKO Kickboxing may seek temporary, preliminary, or permanent injunctive relief or other equitable relief in any court of competent jurisdiction, without waiving its right to arbitration, where such relief is necessary to enforce these Terms, protect its rights, protect confidential information, protect intellectual property, prevent unauthorized use of the Services, or address violations involving misuse, fraud, impersonation, data security, or interference with operations. You acknowledge that a breach of these Terms may cause irreparable harm for which monetary damages may be inadequate.

41. General Provisions, Residual Risk Allocation, and Maximum Enforceability

These Terms are intended to allocate risks between you and CKO Kickboxing in a fair and commercially reasonable manner, and all limitations, waivers, disclaimers, exclusions of liability, and protective provisions contained herein shall be interpreted and enforced to the maximum extent permitted by applicable law. If any provision is limited or held unenforceable, it shall be enforced to the maximum extent permitted, and the validity and enforceability of the remaining provisions shall not be affected. You acknowledge that you have had a meaningful opportunity to review these Terms, understand their consequences, and consult counsel of your choosing before accepting them.

42. Compliance with Applicable Law and Final Legal Safeguards

Nothing in these Terms shall be interpreted or enforced in a manner that requires CKO Kickboxing to violate applicable federal, state, or local law. If any provision is determined to be prohibited, unlawful, or unenforceable, it shall be modified or limited only to the extent necessary to comply with applicable law while preserving the maximum permissible intent and enforceability of these Terms.

43. Data, Privacy, and Digital Risk Disclaimer

Your use of the Services may involve the collection, use, storage, transmission, and processing of personal information and data through websites, mobile applications, microsites, booking systems, third-party platforms, and digital systems. Such data practices are governed by the CKO Kickboxing Privacy Policy, which is incorporated into these Terms by reference. No system, network, or method of data transmission or storage is completely secure, and CKO Kickboxing does not guarantee the absolute security, integrity, or confidentiality of any data transmitted through or stored in connection with the Services. To the maximum extent permitted by applicable law, CKO Kickboxing shall not be liable for any unauthorized access, interception, loss, theft, alteration, disclosure, misuse, or corruption of data, including personal information, regardless of cause, except to the extent liability cannot be disclaimed under applicable law. Your use of the Services, including the submission of personal or financial information, is at your own risk.

44. Non-Waivable Rights and Consumer Savings Clause

Nothing in these Terms shall be interpreted or enforced in a manner that waives, limits, or disclaims any right, remedy, protection, or obligation that cannot lawfully be waived, limited, or disclaimed under applicable law. If any provision of these Terms is determined to waive or limit a non-waivable right or remedy, such provision shall be deemed modified solely to the minimum extent necessary to comply with applicable law, and the remainder of these Terms shall remain in full force and effect. The parties intend that these Terms be enforced to the maximum extent permitted by law without requiring the waiver of any non-waivable consumer protection, statutory right, or public policy protection.

45. Conspicuous Presentation and Access to Terms

You acknowledge and agree that these Terms are presented in a manner reasonably designed to provide notice of their contents, including through clearly labeled and conspicuous hyperlinks within the Services, such as footer links, menu links, or other standard website navigation elements where users would reasonably expect to find legal terms. You further acknowledge that you have had a reasonable opportunity to access, review, and understand these Terms prior to and during your use of the Services. Your continued access to or use of the Services after these Terms have been posted or made available constitutes your agreement to be bound by these Terms to the fullest extent permitted by applicable law.

46. Independent Location Disclosure

Wherever the Services reference a specific studio, class, membership, program, trainer, booking, retail offering, or local service, such reference shall be understood to relate to the independently owned and operated location providing that offering unless CKO Kickboxing expressly states in writing that it is the direct provider. Any shorthand reference, omission, branding usage, or inconsistent wording elsewhere in the Services shall not alter the independent ownership status of any location or create liability for CKO Kickboxing where none otherwise exists under these Terms.