TERMS & PRIVACY

Effective Date: July 27, 2026

This Terms of Service and Privacy Policy applies to the website, services, programs, products, and content offered by Kick It By Eliza, Inc., doing business as Kick It by Eliza® (“Kick It,” “we,” “us,” or “our”).

Please read this page carefully. By using our website, purchasing a product or service, creating an account, or participating in a Kick It offering, you agree to the applicable terms below.

TERMS OF SERVICE

1. Our Services

Kick It offers fitness, education, community, and wellness services, which may include:

  • The Virtual Fempire Membership.

  • Live and on-demand virtual fitness classes.

  • Workout recordings and digital fitness programs.

  • Kick It instructor certification and continuing-education programs.

  • In-person classes, events, workshops, and activations.

  • Community features and communications.

  • Branded merchandise and fitness equipment.

  • Corporate and partner wellness programs.

  • Other digital content, downloads, and services.

These Terms apply to all websites, checkout pages, membership portals, registration pages, programs, products, and services operated by or on behalf of Kick It.

Certain offerings may be subject to additional terms, participant waivers, certification agreements, event releases, or policies presented during registration or checkout. Those additional terms are incorporated into these Terms.

2. Acceptance of Terms

By accessing or using our website or services, you confirm that you have read, understood, and agreed to these Terms.

If you purchase or register on behalf of another person, you represent that you are authorized to accept the applicable terms on that person’s behalf.

If you do not agree to these Terms, do not use our website, purchase our services, or participate in a Kick It program.

3. Eligibility and Minors

You must be at least 18 years old to create an account or make a purchase.

A participant under 18 may participate only with the authorization and appropriate supervision of a parent or legal guardian. The parent or guardian must complete the purchase or registration and accept all applicable terms and waivers on the minor’s behalf.

We reserve the right to establish additional age requirements for particular classes, events, certifications, or programs.

4. Account Registration and Security

Certain services require an account through Kick It or a third-party platform such as Kajabi.

You agree to provide accurate, current, and complete information and to update that information when necessary.

You are responsible for:

  • Protecting your username and password.

  • Preventing unauthorized access to your account.

  • All activity occurring through your account.

  • Notifying us if you believe your account has been compromised.

Your account, membership, recordings, and purchased materials are for your individual use only. You may not share your login credentials or provide another person with access to paid content.

We may suspend or terminate accounts that are shared, misused, obtained fraudulently, or used in violation of these Terms.

5. Purchases and Payment Authorization

Prices and payment terms are displayed at checkout and may vary by product, program, promotional offer, or enrollment period.

By making a purchase, you authorize Kick It and its payment processors to charge your selected payment method for the amount and payment schedule shown at checkout, including applicable taxes.

You are responsible for maintaining accurate billing information. If a payment cannot be processed, we may suspend or terminate access until payment is received.

6. Memberships and Automatic Renewal

When you purchase a monthly or annual membership, you are enrolling in an automatically renewing subscription unless the checkout page expressly states otherwise.

You authorize Kick It and its payment processor to charge your payment method at the frequency and price disclosed during enrollment until you cancel.

Promotional or introductory pricing may apply only for the period described in the offer. After that period, your membership will renew at the ongoing price disclosed at checkout.

Your billing date is generally based on your original enrollment date. Processing times and calendar variations may cause minor differences.

7. Trials and Promotional Offers

Trials and promotional offers are subject to the terms displayed at checkout.

If a trial or introductory period converts into a paid membership, your payment method will be charged at the time and price disclosed during enrollment unless you cancel before the stated deadline.

Promotions:

  • May be limited to new or eligible members.

  • Cannot be combined unless expressly permitted.

  • May expire or be modified as stated in the offer.

  • Have no cash value.

  • May not be transferred or resold.

8. Membership Cancellation

You may cancel a recurring membership at any time through your account by navigating to settings > billing.

Cancellation prevents future renewals. You will generally retain access through the remainder of your current paid billing period.

You must cancel before your next billing date to avoid the next recurring charge. Canceling after a payment has been processed does not automatically reverse or refund that payment.

Annual memberships may be canceled before the next annual renewal, but canceling during the current annual term does not result in a prorated refund.

9. Refund Policy

Except where required by law or expressly stated in a particular offer, all sales are final.

Payments for the following are generally nonrefundable:

  • Monthly and annual memberships.

  • Charges processed after a trial or promotional period.

  • Digital programs and downloads.

  • Class recordings and replay access.

  • Certification and continuing-education programs.

  • Event and class registrations.

  • Workshops and other services that provide immediate access.

  • Completed or partially completed services.

Failure to use a membership, attend a class, access purchased content, complete a program, or cancel before a renewal date does not entitle you to a refund.

If Kick It cancels a separately ticketed event, we will communicate any applicable refund, transfer, credit, or rescheduling options.

We may review exceptional circumstances at our discretion. Providing an exception in one situation does not obligate us to provide future exceptions.

Physical products may be subject to a separate return or exchange policy disclosed at purchase.

10. Class Schedules and Content Availability

Schedules, instructors, formats, music, programming, events, and available content may change.

Kick It may cancel, reschedule, substitute, update, remove, or modify an offering when reasonably necessary. We do not guarantee the ongoing availability of any particular instructor, class, format, recording, challenge, or piece of content.

Recordings and digital materials may be available only for the period stated in the applicable offer.

11. Important Fitness and Medical Disclaimer

Kick It workouts, classes, recordings, programs, articles, social-media content, and educational materials are provided for general fitness, educational, and informational purposes only.

Kick It does not provide medical advice, diagnosis, physical therapy, mental-health treatment, nutritional treatment, or individualized medical care. Our services are not a substitute for advice or treatment from a physician or other qualified healthcare professional.

Consult a qualified healthcare professional before beginning a new exercise program, particularly if you:

  • Are pregnant or recently postpartum.

  • Have an injury, illness, disability, or medical condition.

  • Have recently undergone surgery.

  • Take medication that may affect your ability to exercise.

  • Have been advised to restrict physical activity.

  • Have concerns about whether exercise is appropriate for you.

Never disregard professional medical advice because of information provided by Kick It.

12. Participant Responsibilities

You are responsible for determining whether you are physically and medically able to participate.

You agree to:

  • Participate at an intensity appropriate for your body and ability.

  • Select appropriate modifications.

  • Exercise in a clear and reasonably safe space.

  • Wear appropriate clothing and footwear.

  • Inspect equipment before use.

  • Use weights and resistance appropriate for your ability.

  • Keep children, pets, furniture, and other potential hazards away from your exercise area.

  • Stop immediately if you experience pain, dizziness, faintness, chest discomfort, unusual shortness of breath, loss of balance, or other concerning symptoms.

  • Seek medical assistance when appropriate.

You are not required to perform any movement that feels unsafe or inappropriate for your body.

13. Virtual and Recorded Classes

During virtual and recorded classes, an instructor may not be able to see you, assess your form, identify hazards, recommend individualized modifications, or respond to an emergency.

You remain responsible for:

  • Your exercise environment.

  • Your equipment.

  • Your physical condition.

  • Your exercise selections.

  • Your decision to begin, continue, modify, or stop participating.

Do not participate while driving, in an unsafe location, or while engaged in an activity requiring your attention elsewhere.

14. Assumption of Risk

You understand that physical exercise involves inherent and unpredictable risks.

These risks may include, but are not limited to:

  • Falls.

  • Collisions.

  • Strains and sprains.

  • Muscle or joint injuries.

  • Aggravation of an existing condition.

  • Equipment-related injuries.

  • Dizziness or loss of consciousness.

  • Cardiovascular events.

  • Serious injury, illness, disability, or death.

  • Damage to personal property.

By voluntarily participating, you knowingly accept and assume the risks associated with exercise and participation, including risks arising from your physical condition, actions, equipment, environment, or failure to follow instructions.

15. Release and Waiver of Liability

To the fullest extent permitted by applicable law, you release and agree not to hold liable Kick It By Eliza, Inc., Eliza Shirazi, Kick It instructors, employees, independent contractors, agents, representatives, affiliates, event partners, successors, and assigns from claims arising from the ordinary and inherent risks of your voluntary participation in a Kick It class, workout, program, or event.

This release includes claims involving personal injury, illness, death, or property damage resulting from participation, including claims based on ordinary negligence to the extent such claims may legally be released.

This provision does not release conduct that cannot legally be waived, including gross negligence, reckless conduct, or intentional misconduct where applicable law prohibits such a release.

You understand that this section affects legal rights. A separate participant waiver, event release, informed consent, or agreement may also apply.

If the participant is under 18, the participant’s parent or legal guardian must authorize participation and complete any required waiver on the participant’s behalf.

16. Emergency Assistance

If you experience a medical emergency during an in-person event, you authorize Kick It personnel or event partners to contact emergency services when reasonably necessary.

Kick It personnel are not responsible for providing medical care and cannot guarantee that emergency assistance will be immediately available.

17. Individual Results

Individual experiences and results vary based on factors including health, fitness level, ability, consistency, effort, nutrition, sleep, genetics, and personal circumstances.

Kick It does not guarantee:

  • Weight loss or changes in physical appearance.

  • Muscle gain or improvements in fitness.

  • Prevention, treatment, or improvement of a medical condition.

  • Emotional or psychological outcomes.

  • Certification, employment, or income.

  • Any other specific result.

Testimonials reflect individual experiences and should not be interpreted as a promise that another participant will achieve the same result.

18. Certification Programs

Enrollment in a Kick It certification or continuing-education program does not guarantee certification, successful completion, employment, independent-contractor opportunities, placement at a gym or studio, or any particular income.

Participants must satisfy all requirements communicated for the applicable program.

Certification participants may also be required to agree to separate terms governing:

  • Program completion.

  • Instructor licensing.

  • Brand and trademark use.

  • Certification renewal.

  • Teaching requirements.

  • Music and choreography.

  • Professional conduct.

Purchasing or completing a certification does not provide ownership of the Kick It by Eliza name, trademarks, choreography, manuals, training methods, or other intellectual property.

19. Intellectual Property

The Kick It website and services—including class recordings, choreography, manuals, certification materials, written content, graphics, photographs, videos, logos, trademarks, downloads, program structures, and related materials—are owned by or licensed to Kick It.

Your purchase provides a limited, personal, revocable, nonexclusive, nontransferable license to access the applicable content for its intended purpose.

Without written authorization from Kick It, you may not:

  • Share account credentials.

  • Record a live or virtual class.

  • Copy or distribute a recording.

  • Reproduce, upload, publish, or publicly display paid content.

  • Sell, sublicense, or commercially exploit our materials.

  • Modify our materials or create unauthorized derivative works.

  • Use our content to develop or train a competing program.

  • Remove copyright or trademark notices.

  • Use the Kick It by Eliza name, logo, trademarks, or branding in a way that suggests unauthorized affiliation.

Authorized certified instructors remain subject to their separate certification and licensing agreements.

20. Community Conduct

Kick It is committed to maintaining a supportive, inclusive, and respectful community.

You may not:

  • Harass, threaten, or discriminate against another person.

  • Post unlawful, abusive, hateful, or sexually explicit material.

  • Impersonate another person.

  • Promote unrelated products or distribute spam.

  • Violate another person’s privacy or intellectual-property rights.

  • Disrupt a class, event, community, website, or digital platform.

  • Use community information to contact or solicit members without permission.

We may remove content or suspend access when reasonably necessary to protect participants, enforce these Terms, or comply with law.

21. Participant Submissions, Photographs, and Recordings

If you submit a review, testimonial, comment, photograph, video, or other content, you confirm that you have the right to submit it.

You retain ownership of your original content. You permit us to use content intentionally submitted within a member community as reasonably necessary to operate that community.

Kick It will seek appropriate permission before using an identifiable participant’s photograph, video, testimonial, or personal story in external promotional marketing unless the participant has already provided permission through a release or submission process.

Virtual classes and in-person events may be photographed or recorded. When applicable, notice or consent may be provided through registration terms, a participant release, event signage, an announcement, or platform settings.

Virtual participants may be instructed to keep their cameras off and adjust their display names if they do not want to appear in a recording.

22. Third-Party Platforms and Links

Kick It uses third-party services to operate its website and programs, which may include Squarespace, Kajabi, Stripe, Zoom, Meta, email providers, analytics providers, and event or payment platforms.

Your use of those services may also be governed by their own terms and privacy policies.

Kick It is not responsible for the independent content, availability, practices, or security of third-party websites or platforms.

23. Disclaimer of Warranties

To the fullest extent permitted by law, our website, content, products, and services are provided “as is” and “as available.”

We do not guarantee that:

  • The website or services will always be available or uninterrupted.

  • Digital content will be free from errors or technical issues.

  • Every class or program will be suitable for every participant.

  • Participation will produce a particular result.

Nothing in these Terms excludes a warranty or consumer right that cannot legally be excluded.

24. Limitation of Liability

To the fullest extent permitted by law, Kick It and its owners, instructors, employees, contractors, representatives, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of—or inability to use—our website, content, products, or services.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

25. Suspension and Termination

We may suspend or terminate access if you:

  • Violate these Terms.

  • Fail to make a required payment.

  • Share an account or paid materials.

  • Misuse Kick It intellectual property.

  • Engage in fraudulent, unlawful, abusive, or dangerous conduct.

  • Interfere with our website, programs, instructors, or community.

Termination does not eliminate payment obligations that arose before termination.

Provisions concerning intellectual property, payment obligations, assumption of risk, liability, and dispute resolution will continue where reasonably applicable.

26. Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles, except where applicable consumer-protection law requires otherwise.

Any dispute-resolution, arbitration, venue, or class-action waiver language should be reviewed and approved by legal counsel before being added.

27. Changes to These Terms

We may update these Terms periodically. The revised version will be posted with a new effective date.

When legally required, we will provide additional notice. Continued use of our services after an update constitutes acceptance of the revised Terms.

Privacy Policy

1. Information We Collect

The information we collect depends on how you interact with Kick It.

Information You Provide

We may collect:

  • Your name.

  • Email address.

  • Telephone number.

  • Billing and mailing address.

  • Account and profile information.

  • Membership, class, certification, and event registrations.

  • Purchase and transaction information.

  • Communications and customer-support requests.

  • Survey responses, reviews, and testimonials.

  • Fitness interests and information you voluntarily provide about injuries, modifications, accessibility needs, or experience.

  • Photographs, videos, or other content you submit.

Please do not send sensitive medical information unless it is specifically requested and necessary to address your inquiry.

Payment-card information is generally collected and processed directly by third-party payment providers. Kick It may receive limited transaction information, including payment status, billing details, and the type or last digits of the payment method.

Information Collected Automatically

When you use our website, membership portal, emails, or other digital services, we and our service providers may automatically collect:

  • IP address.

  • Browser and device information.

  • Operating system.

  • Pages viewed and links clicked.

  • Referring website or advertisement.

  • Approximate location derived from an IP address.

  • Dates and times of interactions.

  • Cookie, pixel, and similar identifiers.

  • Email opens and clicks.

  • Website, advertising, and account activity.

Information From Other Sources

We may receive information from service providers used to operate our business, including Squarespace, Kajabi, Stripe, Zoom, Meta, email platforms, analytics providers, registration platforms, and social networks.

2. How We Use Information

We may use information to:

  • Operate and improve our website, membership, classes, events, certifications, store, and community.

  • Create and manage accounts.

  • Process purchases, registrations, renewals, cancellations, and payments.

  • Deliver purchased content and products.

  • Provide customer support.

  • Send account, billing, schedule, and service-related communications.

  • Send newsletters and promotional communications.

  • Personalize content and understand participant interests.

  • Measure website, email, membership, and advertising performance.

  • Maintain security and prevent fraud.

  • Enforce our agreements and protect our community.

  • Maintain legal, tax, accounting, and business records.

  • Comply with legal obligations.

  • Carry out another purpose disclosed when information is collected.

3. Cookies, Analytics, and Advertising

We and our service providers may use cookies, pixels, tags, and similar technologies to:

  • Operate the website.

  • Remember preferences.

  • Understand website use.

  • Measure email and advertising performance.

  • Identify the source of website visits or purchases.

  • Deliver or evaluate advertising.

This may include technology provided by Squarespace, Kajabi, Meta, payment providers, analytics providers, or similar services.

You can control some cookies through your browser settings and any cookie-management options available on our website. Blocking certain cookies may affect functionality.

Where required by applicable law, we will request consent before using nonessential cookies.

4. How We Share Information

We may share information with service providers that help us operate our business, including:

  • Website and membership-platform providers.

  • Payment processors.

  • Email and communication providers.

  • Video and virtual-class platforms.

  • Analytics and advertising providers.

  • Event-registration providers.

  • Instructors and contractors who need information to provide a service.

  • Accountants, attorneys, insurers, and other professional advisers.

We may also disclose information:

  • When required by law or legal process.

  • To investigate fraud or security concerns.

  • To enforce our agreements.

  • To protect the rights, property, health, or safety of Kick It, our participants, or others.

  • In connection with a potential or completed merger, acquisition, financing, reorganization, or sale of business assets.

Kick It does not sell personal information for money.

Certain advertising or analytics practices may be legally classified as “selling,” “sharing,” or targeted advertising in some states even when no money is exchanged. Where applicable, you may request to opt out.

5. Email Communications

When you register, make a purchase, or join our mailing list, we may send:

  • Account and purchase confirmations.

  • Membership and schedule information.

  • Program updates.

  • Service and policy notices.

  • Newsletters and promotional communications.

You can unsubscribe from promotional emails through the unsubscribe link provided in the message.

Unsubscribing from marketing does not prevent us from sending necessary account, transaction, billing, security, or service-related communications.

6. Data Retention

We retain personal information for as long as reasonably necessary to:

  • Provide requested services.

  • Maintain membership and transaction records.

  • Comply with legal, tax, accounting, and regulatory obligations.

  • Resolve disputes.

  • Prevent fraud.

  • Enforce agreements.

Retention periods vary depending on the information and why it was collected. We may delete or anonymize information when it is no longer reasonably needed.

7. Data Security

We use reasonable administrative, technical, and organizational safeguards designed to protect personal information.

No website, database, email transmission, or online platform can be guaranteed to be completely secure. You are responsible for maintaining the confidentiality of your account credentials.

Notify us at eliza@kickitbyeliza.com if you believe your account or personal information has been compromised.

8. Your Privacy Choices and Rights

Depending on where you live, you may have the right to:

  • Request access to personal information we hold about you.

  • Request correction of inaccurate information.

  • Request deletion of certain information.

  • Obtain a copy of certain information.

  • Withdraw consent where processing relies on consent.

  • Opt out of eligible targeted advertising, profiling, selling, or sharing.

  • Appeal the denial of an eligible privacy request.

  • Exercise privacy rights without unlawful discrimination.

These rights are subject to applicable law and legal exceptions.

To submit a request, email eliza@kickitbyeliza.com with the subject line Privacy Request. We may need to verify your identity before completing a request.

9. Children’s Privacy

Our website and services are not directed to children under 13, and we do not knowingly collect personal information directly from children under 13.

Participants under 18 require the authorization and appropriate supervision of a parent or legal guardian.

If you believe a child has provided personal information without appropriate permission, contact us at eliza@kickitbyeliza.com.

10. Photographs and Class Recordings

Live classes and events may be photographed or recorded. Virtual classes may also be recorded for replay.

When applicable, we will provide notice or obtain permission through registration terms, participant releases, event signage, announcements, or platform settings.

Participants should follow available instructions for keeping their camera off or limiting the display of their name if they do not want to appear in a virtual recording.

We will obtain appropriate permission before using an identifiable participant’s photograph, recording, testimonial, or personal story in external promotional marketing unless permission has already been granted.

11. Third-Party Websites and Services

Our website may contain links to—or operate through—third-party platforms.

Those companies maintain their own terms and privacy policies. Kick It is not responsible for their independent privacy, security, or data-management practices.

12. International Visitors

Kick It is based in the United States. If you access our services from another country, your information may be processed in the United States, where privacy laws may differ from those in your location.

13. Changes to This Privacy Policy

We may update this Privacy Policy periodically. The current version will be posted on our website with its effective date.

When required by law, we will provide additional notice or request consent for material changes.

14. Contact Us

Questions about these Terms or our privacy practices may be sent to:

Kick It By Eliza, Inc.
Doing business as Kick It by Eliza®
Email: eliza@kickitbyeliza.com