Team Rock LLC, DBA Shell Shock Fitness, DBA Team Tae Bo Fitness
These are the General Terms and Conditions, as used by Team Rock LLC, a limited liability company (hereafter: “Team Rock LLC”) operated in Franklin, TN and on the world wide web.
1.1 Team Rock LLC cares highly about the privacy of its Users and therefore Team Rock LLC shall never share, sell or otherwise transfer any Personal Data of its Users to third parties.
2.2 Team Rock LLC reserves the right to forbid the use of and/or access to her products without (prior) notice or reason, in example by blocking or removing profiles or by blocking IP-addresses of computers, in case Team Rock LLC finds this appropriate due to whatever reason.
2.3 Consumer Profiles are restricted to natural persons for personal use only and public groups are for users with a jointly interest only. Companies and other institutions, like foundations, gyms and other commercial companies are allowed to create groups within the Team Rock LLC specified area ONLY, not on the public version of the Products, unless they have received prior written permission from Team Rock LLC.
2.4 Profiles and groups contrary to previous rules can be removed, without prior notice.
2.5 Users understand if no shows become an issue, Users may then be charged a fee if they register for a session and do not show up for the session, and do not cancel themselves out of the registration. Fees will not exceed drop in rates. Fees are at the sole discretion of Team Rock LLC and may vary. Users also understand that by using the registration process, they understand it is their responsibility to know the process and the time frames allowed for registration and cancellation of any session.
- Objectionable Content Policy
3.1 Content may not be submitted to the Products and Team Rock LLC moderates all content and ultimately decides whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
- Age Restrictions
4.1 By using the Products of Team Rock LLC, you represent and warrant that (a) you are 16 years of age or older and you agree to be bound by this Agreement; (b) if you are under 16 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Products does not violate any applicable law or regulation. Your access to the Products may be terminated without warning if Team Rock LLC believes, in its sole discretion, that you are under the age of 16 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Products, you agree to be bound by this Agreement in respect to your child’s use of the Products.
- Offered information
5.1 Although the information on this website and contained within the other Products – with the exception of the user generated content – is made with great care, a complete accuracy, reliability or suitability whatsoever cannot be guaranteed. Therefore, in case you rely on the information on this website or contained within the other Products, whether or not originating from Team Rock LLC or one of its employees, contractors or anyone who appears to speak on behalf of Team Rock LLC this is completely at your own risk.
5.2 The information is explicitly not meant for replacing medical care, medical advice or support by professionals within other disciplines. Team Rock LLC should in example never be used for (self) diagnosis. In any case it is strongly recommended that Users immediately consult their doctor with any medical questions, complaints and/or symptoms.
- Physical exercise and nutrition
6.1 Performing physical exercise or following a diet plan can pose a health risk, ranging from injuries to death. Users that wish to start with any form of physical exercise or a diet plan with the Products, must always consult their doctor and/or dietitian prior to starting said exercise or plan. Users who experience any form of pain or become dizzy or short of breath should immediately stop the physical exercise or their diet plan and contact a doctor for advice.
- Rights of intellectual property
7.3 In case Team Rock LLC and a third party, being an company or institution, agree upon the licensing of one or more of the Products, this concerns a limited, non-exclusive, not sub-licensable, non-transferable and revocable right to use said Products concerned.
7.4 It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content for direct or indirect commercial purposes, unless explicitly agreed in written form with Team Rock LLC.
7.5 The Party declares not to perform any acts which infringe or can infringe the (intellectual property- or database) rights of Team Rock LLC or third parties.
- Licensing for shared information
8.1 The Party grants Team Rock LLC in exchange for the services granted by Team Rock LLC a continued, worldwide, unlimited, irrevocably, non-exclusive license without any extra remuneration by Team Rock LLC, including the right to sub-license, to all information, including but not limited for texts, images, photos, video and sound files, designs and user information, which is uploaded to, shared with or saved within the Products or shared with Team Rock LLC in any other way by the Party(hereafter: “the Shared Information”), to use, copy, distribute, transfer, perform, modify, or use otherwise, for commercial or other purposes through all existing media.
8.3 The Party remains fully responsible and liable for any direct or indirect damage caused for Team Rock LLC and third parties due the Shared Information by the Party.
- User information and registration
9.1 The Party declares that the information provided, in example for registration, is correct and complete and that it will update these where possible within the Products, in case of changes. Any passwords should be kept carefully and may not be shared with third parties.
9.2 The Party may not grant third parties access to Products via his own registered account. In case the Party share his account access information with third parties, he will be fully responsible and liable for direct and indirect damage resulting thereof.
10.1 Team Rock LLC may send varying communications to Users via the Products, including update notifications or reminders, e-mails or other communications. Users can indicate at the settings until what extend they wish to receive said communications.
10.2 The Party agrees that Team Rock LLC may approach the Party for important changes or updates of the Products, in case deemed necessary by Team Rock LLC. Such communication shall in principle never contain any commercial messages from third parties.
10.3 Members can communicate with each other within the Products, e.g. by placing comments or sending messages or discussing within groups. The Party declares not to send spam, or any other communications which is undesired by the receiver, being commercial or otherwise, including but not limited to threatening, aggressive, obscene, ignominious, offending, privacy infringing or commercial communications. Any acts contrary to these condition can – as with the other conditions – result in immediate denial of access and use of the Products and termination of the user license.
10.4 Team Rock LLC is at any time free to delete any user communications or other Shared Information without any prior or further notice if these are regarded to be below standard or otherwise inappropriate by Team Rock LLC.
10.5 For all communication and contact via the Products the following User guidelines apply:
- a) Keep it always fun and positive!
- b) Treat each other with respect
- c) Respect each other’s opinion, even if you do not agree with it
- d) Do not place “off-topic” messages within discussions
- e) Do not bother people with irrelevant matters
- f) Do not advertise for any products or services
11. Information from third parties
11.1 The Products may contain information from third parties or refer thereto, including but not restricted to information created by Users, advertisements, banners and website links (hereafter: “Information from Third Parties”).
11.2 Information from Third Parties generally is and cannot be previously checked by Team Rock LLC, which means that we cannot guarantee the quality and validity thereof. Team Rock LLC is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect damage which may result from it.
- Unlawful information
12.1 After a report Team Rock LLC will investigate the presence of unlawful information in one or more of the Products within a reasonable time and will take action against it if possible. Any unlawful communication should be reported directly via e-mail, as well as followed up with a phone call.
12.2 This report should in any case contain the following information:
- a) the URL where the alleged unlawful information can be found.
- b) your explicit statement that the material is unlawful and why.
- c) in case it is a case of infringement of rights of intellectual property, you need to substantiate that you are the rightful owner of said rights, and to which extent the information infringes said rights.
- d) in case you represent someone else, an authorization which allows you to act on behalf of the rightful claimant, signed by the rightful claimant.
- e) Your name, email address, address and phone number, so that Team Rock LLC can contact you.
13.1 All listed prices are conditional and can be adjusted without a prior notice.
13.2 Termination of periodical subscriptions cannot take effect before the end of the period that has been agreed upon.
13.3 Users may upgrade to a longer membership. Users understand that downgrading to a shorter membership is not an option. If Users choose to upgrade a membership, Users understand they need to fill out the appropriate forms at the front desk to do so or have confirmation via another communication. Users understand upgrading may not be immediate and one or more payments may process from Users initial request. Users understand the membership initiation fee/ startup fee/ joining fee is attached to each Product individually and if changing Products the original fee(s) is forfeited and a new fee(s) may be charged for the Products you choose. Prevailing rates apply, specials and discounts may or may not be applied at time of signup. Products may be changed or charged to the Users at the sole discretion of Team Rock LLC without notice.
13.4 In rare occasions, at the sole discretion of Team Rock LLC, early termination may be acceptable for said Product(s). In those rare occasions, if Team Rock LLC agrees to accept the early termination, Users agree to pay for the actual time they have used the Products at prevailing rates. Team Rock LLC will apply a credit to the User for the amount User has paid on the membership of the Product that the User is canceling. Credit may vary and any other fees will be forfeited. If early termination is agreed upon, Users do not qualify for any discounted or sale prices in calculating their early termination rate. Users also agree to pay an early cancellation fee of $50, which is in addition to any other fees stated. Users understand termination may not be immediate and one or more payments may process from Users initial request.
13.5 Payment is due once the agreement is in place, unless otherwise agreed upon.
13.6 The Products shall be delivered as soon as possible or within the agreed period after payment. Team Rock LLC accepts no liability for any damage, in case the delivery takes place after the agreed period.
13.7 If Users incur an injury and are unable to perform any physical activity because of the injury, membership may be paused if Users provide a note by a “Licensed Medical Profession”, on their letterhead, advising Users to not participate in any physical activity because of said injury. Users also understand they need to fulfill their agreed period for Products once able to return. For example: If Users are injured for 3 months, the agreement will extend for 3 months once Users return. Injury is not cause for early termination unless Physicians note clearly states the injury will permanently prevent Users from ever performing this kind of physical activity again.
- Modifications to the Products
14.1 Team Rock LLC explicitly reserves the right at any time to modify, stop or change a part of, or the whole of one or more of the Products, for a determined period or always, without prior notification or after to the Party, whether it concerns paid or unpaid Products.
14.2 This may also result in non-accessibility or loss of a part or the whole of the Shared Information, including the Shared Information of the Party. Team Rock LLC cannot be held liable for any direct or indirect damage resulting thereof.
- Modification of the General Terms and Conditions
- Conformity and exclusion of liability
16.1 The Products and the content thereof are delivered by Team Rock LLC as such, including potential defects.
16.2 Nor Team Rock LLC, nor her partners or suppliers give any guarantee, explicit or implicit, regarding the functionality of the Products or any content thereof.
16.3 Team Rock LLC cannot and does not guarantee that the Products are available at any moment at any location, and that said availability occurs safely, or that any errors will be solved or that the Products are free from viruses or other potentially damaging software or parts.
16.4 The Party acknowledges that the Products may contain potential (hidden) defects and accepts the risks for any direct or indirect damage which may occur thereof. The Party cannot terminate an agreement based on non-compliance.
- Electronic signature
18.1 (a) Any controversy or claim arising out of this Agreement or any alleged breach of this Agreement shall be resolved by means of binding arbitration before a single arbitrator in accordance with the then existing Commercial Arbitration Rules of the American Arbitration Association, including the Optional Rules for Emergency Measures of Protection. The arbitrator shall be a practicing attorney or retired judge with at least fifteen years total working experience as such. The arbitration shall be held in TN or any other place agreed upon at the time by the parties. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages. An award of damages shall include pre-award interest at the rate of zero percent from the time of the act or acts giving rise to the award. (b) A party may apply to the arbitrator seeking injunctive relief until an arbitration award is rendered or the dispute is otherwise resolved. A party also may, without waiving any other remedy, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party pending the arbitrator’s appointment or decision on the merits of the dispute. If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator shall award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees and legal costs. (c) The arbitrator shall issue a reasoned award. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction. The arbitration proceedings and arbitrator’s award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual. (d) The arbitrator shall require exchange by the parties of (i) the name and, if known, address and telephone number of each person likely to have knowledge of relevant information, identifying the subjects of the information, and (ii) non-privileged documents, including those in electronic form, that are relevant to the issues raised by any claim, defense or counterclaim or on which the producing party may rely in support of or in opposition to any claim, defense or counterclaim. The arbitrator shall limit such production based on considerations of unreasonable expense, duplication and undue burden. These exchanges shall occur no later than a specified date within 60 days following the appointment of the arbitrator. At the request of a party, the arbitrator may at his or her discretion order the deposition of witnesses. Depositions shall be limited to a maximum of three depositions per party, each of a maximum of four hours duration, unless the arbitrator otherwise determines. The arbitrator may allow such other discovery as he or she determines is reasonably necessary for a fair determination of the dispute. Any dispute or objections regarding discovery or the relevance of evidence shall be determined by the arbitrator. All discovery shall be completed within 120 days following the appointment of the arbitrator, unless the arbitrator otherwise determines.
- Application and competence
20.1 Users grant Team Rock LLC permission to use Users likeness in photographs, live video, video recordings, electronic images or anything of the like in any and all of its marketing material, publications, including website entries, Products or anything of the like without payment or any other consideration. Users understand and agree that these materials will become the property of the organization and will not be returned. You hereby irrevocably authorize the organization to edit, alter, copy, exhibit, publish or distribute these images for purposes of publicizing the organization’s programs or for any other lawful purpose. In addition, Users waive the right to inspect or approve the finished product, including written or electronic copy, wherein Users likeness appears. Additionally, Users waive any right to royalties or other compensation arising or related to the use of my image. Users hereby hold harmless and release and forever discharge the organization from all claims, demands, and causes of action which Users, Users heirs, representatives, executors, administrators, or any other persons acting on Users behalf or on behalf of Users estate have or may have by reason of this authorization. For specific incidents, please contact us and we will make a sincere effort to comply with your request. Please understand we may not be able to comply with your request if Users likeness has been woven in with a project that is past the point of removing likeness in question.
- Activity Waiver