This agreement (the “Video Agreement”) is between you and Performance Fitness & Self Defense, Inc. d/b/a Krav Maga Dallas (“KMD”). You and KMC are collectively referred as the “Parties” in this Video Agreement. Please read the following terms and conditions. If you do not completely agree with these terms and conditions, you cannot access or use the Video Workouts.
(a) Description. KMD is providing online virtual workouts to adult members on one or more platforms (the “Video Workouts”). Members can only access, use, and view the Video Workouts for personal noncommercial purposes.
(b) Platforms. These platforms include, but are not limited to, the “Krav Maga Members Only” private Facebook group. In addition to the terms and conditions of this Video Agreement, you are also responsible for complying with platform rules and KMD’s requirements for participating in a group on that platform.
(c) Eligibility. Access to the Video Workouts is only for paid members in good standing who are at least eighteen (18) years of age. By accessing the Video Workouts, you represent and warrant to KMD that you meet these eligibility requirements.
(d) Termination & Suspension. KMD provides these Video Workouts as a complimentary service and reserves the right to terminate such workouts, suspend them, or ban you from accessing them at any time and for any reason within KMD’s sole discretion.
2. Training Center Waiver. When you became a member, in addition to a membership contract (the “Membership Agreement”), you signed (electronically or manually) a written Member Waiver, Release of Liability & Assumption of Risk Agreement to use KMD’s Training Center (the “Training Center Waiver”). This Training Center Waiver is incorporated herein by reference as if set forth at length. You understand and agree that the Training Center Waiver applies to the Video Workouts that you participate in outside of the Training Center. This includes, but is not limited to, the Training Center Waiver’s assumption of the risk and release of liability provisions. In short, you are solely responsible for any injuries sustained while participating in the Video Workouts.
3. Media Release. When you became a member, in addition to signing the Membership Agreement and the Training Center Waiver, you also signed a Media Release (the “Media Release”). You understand and agree that the Media Release applies to the Video Workouts that you participate in outside of the Training Center. This includes, but is not limited to, any content that you provide KMD via the platform (e.g. comments, video, audio, photos, etc.). In short, the content may be edited, published, reproduced, summarized, transcribed, sold or given away by KMD, both offline and via the Internet.
4. General Provisions.
(a) Access Costs. Although the Video Workouts are provided on a complimentary basis by KMD, you are solely responsible for all costs associated with your accessing, using, and viewing the Video Workouts. These costs include, but are not limited to, workout equipment, the cost of your electronic device, cell phone carrier data usage fees, any platform services fees, and the like.
(b) Governing Law. The rights and obligations of the Parties will be governed and controlled by the laws of the State of Texas applicable to contracts made and performed therein without reference to the applicable choice of law provisions.
(c) Dispute Resolution. The parties agree that any dispute, claim or controversy arising out of or relating to this Video Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential binding arbitration before one arbitrator who is a former federal or state court judge. Arbitration shall be administered by the arbitrator pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. In no case shall either party have the right to go to court or have a jury trial. The parties will not have the right to engage in pre- trial discovery except as provided in the rules; they will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal. This clause does not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Unless otherwise agreed to by the Parties, all arbitration must occur in Plano, Collin County, Texas USA. Arbitration fees and costs shall be split equally and the Parties are solely responsible for their respective lawyer fees.
(d) Indemnification. You agree to release, indemnify, and hold KMD, its principals, partners, instructors, contractors, agents, employees, officers, directors, shareholders, and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorney fees and expenses, relating to or arising from your use of martial arts and/or self- defense skills taught by KMD per this Video Agreement. When KMD is threatened with suit or sued by a third party, KMD may seek written assurances from you concerning your promise to indemnify KMD; your failure to provide those assurances may be considered by KMD to be a material breach of this Video Agreement. In addition, in the event KMD is made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from KMD’s training of you, you will reimburse KMD, at a reasonable rate, for all personnel time and expenses expended by KMD in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by KMD with respect to such response. The provisions of this paragraph shall survive termination of this Video Agreement for any reason.
(e) Force Majeure. KMD shall not be liable for failure to perform any of its obligations under this Video Agreement during any period in which KMD cannot perform due to fire, earthquake, flood, or other natural disaster, epidemic, explosion, casualty, war, terrorism, embargo, riot, civil disturbance, act of public enemy, act of God, or the intervention of any government authority, or similar cause beyond KMD’s control.
(f) Limitation of Liability. IN NO EVENT SHALL KMD BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL KMD’S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE TOTAL SUM PAID TO KMD BY MEMBER PER THE MEMBERSHIP AGREEMENT.
(g) Copyright. KMD owns the copyrights for the Video Workouts. This Video Agreement is Copyright © 2015-2020 Law Office of Michael E. Young PLLC and licensed for use by KMD. All rights reserved.
(h) Entire Agreement, Modifications, Assignments, Sublicenses, and Severability. This is the entire Agreement between the Parties and may not be modified unless done so in a writing signed by duly authorized signatories of both parties. KMD may unilaterally assign its rights under this Video Agreement to a successor in interest. Member shall not assign or sublicense any rights under this Video Agreement without KMD’s prior written consent. If any part of this Video Agreement is determined in arbitration or by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of this Video Agreement is fully enforceable and legally binding.