Terms of Service

1. Acceptance of these Terms

By visiting KinetiqAF.com, by creating a Client Portal account, by submitting the contact form, or by paying for any service, you agree to these Terms. If you do not agree, do not use the site or the Client Portal.

If you are accepting these Terms on behalf of a minor or another person (for example, as a parent, legal guardian, conservator, or Service Coordinator), you confirm that you have the legal authority to bind that person to these Terms, and you agree to be personally bound by them as well.

2. Who provides the service

KinetiqAF is operated by James Kennedy & Associates LLC (EIN 33-1440054), a California limited liability company doing business as KinetiqAF. In these Terms, "we," "us," and "our" refer to that company. "You" or "Client" refers to anyone who uses the site or the Client Portal, whether or not you have signed a Service Agreement with us.

3. What these Terms cover

These Terms govern:

• Your use of the public website at kinetiqaf.com
• Your use of the Client Portal at kinetiqaf.com/app
• Communications you send us through the contact form, email, or Client Portal messaging
• Booking interactions before a Service Agreement is in place

They do not govern:

• The training relationship itself — that is governed by the separate Service Agreement we sign with each client.
• Insurance coverage, billing arrangements with your Financial Management Services (FMS) provider, or your Regional Center authorization — those are governed by your separate agreements with those parties.

4. Your Client Portal account

If you create a Client Portal account:

• You must be at least 18 years old, or have a parent / legal guardian operating the account on your behalf.
• You must provide accurate, current information when you sign up and keep it up to date.
• You are responsible for keeping your password confidential. Notify us at james@kinetiqaf.com immediately if you suspect your account has been accessed without your permission.
• You may not share your account credentials with anyone except a parent, legal guardian, or conservator who has the legal authority to act on your behalf.
• One account per client. We may suspend or terminate duplicate accounts.

We may suspend or terminate your account if you breach these Terms, but we will tell you why and (where reasonable) give you a chance to fix the issue first.

5. Acceptable use

You agree not to:

• Use the site or Client Portal for any unlawful purpose, or in a way that breaks any applicable law, regulation, or contract.
• Impersonate another person, misrepresent your relationship to a client, or provide false information.
• Attempt to access another client's account, files, or messages.
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Client Portal beyond what is incidentally exposed in your browser. Browser developer tools are fine. Automated scraping is not.
• Interfere with the operation of the site, including by introducing malware, denial-of-service attacks, or attempts to circumvent security or rate limits.
• Use the site to harass, threaten, defame, or harm any person.
• Use the contact form, Client Portal messages, or any communication channel for spam, advertising, or solicitation.
• Use any data scraped from the site (for example, the public testimonials on the marketing site) for commercial purposes without our written consent.

If you discover a security vulnerability in our site, please report it responsibly to james@kinetiqaf.com. We are grateful for responsible disclosure and will not pursue legal action against good-faith security researchers.

6. Information you submit

When you submit information to us — through the contact form, intake, PAR-Q, messaging, or any other channel — you confirm that:

• You have the right to provide that information.
• The information is accurate to the best of your knowledge.
• You understand that providing inaccurate health information may compromise your safety during training.

You retain ownership of information you submit about yourself. By submitting it, you grant us a limited, non-transferable license to use it for the purposes described in our Privacy Policy — which is, essentially, providing you with training services. We will not sell, license, or transfer your information for any other purpose.

Photos, videos, and audio recordings

If you upload progress photos, exercise videos, or any other media to the Client Portal, you grant us the right to view that media solely to provide you with training feedback. We will not publish, share, or use it for marketing without your separate written consent, captured through the Photo & Media Release section of the Service Agreement (which is optional, opt-in, and independently revocable).

Removal rights for minors (California Business and Professions Code § 22581)

If you are a registered user of the Client Portal who is under 18 years old and a California resident, you have the right to request removal of content or information that you posted on the site or Client Portal. To request removal, email james@kinetiqaf.com with the subject "Minor content removal request" and describe the content to be removed. We will remove it from public view (note: we may need to retain a copy in our records if the content is part of a signed legal document, in which case we will explain what is retained and why). This right does not apply to content posted by anyone other than the minor, to content that has been republished by a third party, or where removal is prohibited by another law.

7. Booking, payment, and cancellation

This section covers what happens before you sign a Service Agreement. The Service Agreement, once signed, supersedes these provisions for the training relationship itself.

• Free consultation. Submitting the contact form on KinetiqAF.com is a request for a free 20-minute consultation. It is not a commitment to engage us, and we are not obligated to take you on as a client.
• Right to refuse service. We may decline to work with anyone for any legitimate reason, including (but not limited to) inability to provide a service appropriate to your medical needs, scheduling capacity, or alignment with our scope of practice.
• Payment processing. All private-pay payments are processed by Stripe. By submitting payment information, you agree to Stripe's terms. We never see or store your full payment card number.
• Self-Determination Program (SDP) and Regional Center clients. If your sessions are funded through SDP or a Regional Center, payment terms are governed by your separate authorization and your FMS provider — not by these Terms.
• Refunds. Pre-paid private-pay sessions are generally refundable if cancelled with at least 7 days notice, on the schedule set out in your Service Agreement. The contact form does not collect payment, so there is nothing to refund from a contact-form submission.
• Cancellation of individual sessions. Once you become a client, session-level cancellation policies (typically 24 hours' notice) are governed by your Service Agreement.

8. No medical advice

James Kennedy is a certified personal trainer, corrective exercise specialist, nutrition coach, and adaptive trainer. He is not a licensed medical doctor, physical therapist, occupational therapist, or registered nurse. Nothing on this site or in the Client Portal constitutes medical advice, diagnosis, or treatment.

Specifically:

• Any health-related content on KinetiqAF.com is for educational purposes only.
• The PAR-Q is a screening tool to identify when you should seek clearance from a healthcare provider before beginning physical activity — not a substitute for clearance itself.
• If you have a medical condition, are taking medication, are recovering from surgery, are pregnant, or have any concern about your fitness for physical activity, consult your physician before starting a training program.
• In a medical emergency, call 911. Do not rely on the Client Portal messaging system for urgent medical communication.

9. Intellectual property and reservation of rights

The KinetiqAF brand, logo, website design, written content, exercise programs, training methodologies, and the Client Portal software are owned by James Kennedy & Associates LLC and protected by copyright, trademark, and trade-secret laws.

You may:

• View, print, and download materials specifically intended for your own personal use as a client (your PAR-Q, your signed agreement, your invoices, your assigned training programs).
• Quote short passages from our public marketing content with attribution to KinetiqAF.com.

You may not:

• Copy, redistribute, sell, or republish any of our content, programs, or software without written permission.
• Use the KinetiqAF name or logo to imply endorsement of any product, service, or person.
• Use our content to train any model — large language model, computer-vision model, or otherwise — without written permission.

Reservation of rights. All rights not expressly granted in these Terms are reserved. The limited permissions described above do not grant you any title or ownership interest in our content, software, trademarks, or trade secrets. No license is granted by implication, estoppel, or otherwise.

DMCA / copyright notices. If you believe content on our site infringes your copyright, send a written notice to james@kinetiqaf.com that includes (a) your contact information, (b) identification of the copyrighted work, (c) identification of the allegedly infringing material with enough detail to locate it, (d) a statement of good-faith belief that the use is not authorized, and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act for the owner.

10. Third-party services

Our site and Client Portal rely on the following third-party services. Each operates under its own terms, which we do not control:

• Supabase (database and authentication)
• Netlify (web hosting)
• Stripe (payment processing)
• OneSignal (optional push notifications)
• Google (the contact-form auto-reply uses Google Apps Script)

If you click a link from KinetiqAF.com to an external site, those external sites are governed by their own terms and policies, not ours.

11. Disclaimers

The site and the Client Portal are provided "as is" and "as available." To the maximum extent permitted by California law, we disclaim all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation.

Specifically, we do not warrant that:

• The site or the Client Portal will be available without interruption or error.
• Any defect will be corrected on any specific timeline.
• The site or the Client Portal is free of viruses, malicious code, or security vulnerabilities (we do our best — see our security measures — but no system is perfect).
• The results of physical training will match your goals or any specific timeline.

Physical exercise carries inherent risks of injury. The Service Agreement contains a separate, more detailed acknowledgement of training-specific risks. By participating in any training session, you accept those risks.

12. Limitation of liability

To the maximum extent permitted by California law, in no event will James Kennedy & Associates LLC, its officers, members, employees, or agents be liable to you for:

• Indirect, incidental, special, consequential, exemplary, or punitive damages of any kind
• Loss of profits, revenue, data, goodwill, or business opportunity
• Damages exceeding, in the aggregate, the greater of (a) $500 USD, or (b) the total amount you paid us for services in the 12 months immediately preceding the event giving rise to the claim

This limitation applies whether the claim is in contract, tort, negligence, statute, or any other theory of liability, and even if we have been advised of the possibility of such damages.

Mandatory carve-outs. Nothing in these Terms purports to limit, exclude, or release liability that cannot lawfully be limited, excluded, or released. Specifically, nothing in these Terms limits our liability for:

• Gross negligence, fraud, willful injury to the person or property of another, or any violation of law — whether willful or negligent — within the meaning of California Civil Code § 1668.
• Personal injury or death to the extent caused by our negligence (this carve-out is separate from the inherent-risks acknowledgement in the Service Agreement, which governs training-specific risks).
• Liability arising under the California Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.) or other consumer-protection statute that prohibits contractual limitation of remedies.
• Any other liability that cannot be limited or excluded under California or federal law.

If a court determines that any portion of this limitation of liability is unenforceable, the remainder will still apply to the maximum extent allowed by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless James Kennedy & Associates LLC, and its officers, members, employees, and agents (the "Indemnified Parties"), from any third-party claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) — that is, a claim brought against an Indemnified Party by someone other than you — to the extent the claim arises out of or relates to:

• Your violation of these Terms
• Information you submitted that turned out to be false, misleading, or unauthorized
• Your misuse of the site or the Client Portal
• Your violation of any third party's rights, including intellectual property or privacy rights
• Your violation of any applicable law

This obligation does not apply to claims caused by our own gross negligence, fraud, or willful misconduct, or to liability that cannot be shifted by contract under California law.

We will (a) promptly notify you of any claim for which we seek indemnification, (b) give you reasonable control of the defense and settlement (provided you do not settle in a way that admits liability or imposes obligations on us without our written consent), and (c) reasonably cooperate at your expense.

14. Termination

You may stop using the site or close your Client Portal account at any time by contacting us.

We may suspend or terminate your access to the site or the Client Portal at any time if you breach these Terms, if we are required by law, or if we discontinue the service. We will give you reasonable notice unless an immediate suspension is necessary to protect another client, the integrity of our systems, or our legal interests.

Provisions of these Terms that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute resolution) will survive.

15. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.

Any dispute arising out of or related to these Terms will be resolved as follows:

1. Informal resolution first. Before filing any formal claim, you agree to contact us at james@kinetiqaf.com and give us 30 days to resolve the dispute in good faith.
2. Mediation second. If informal resolution does not work, both parties agree to attempt non-binding mediation in San Diego County, California, with a neutral mediator we mutually select.
3. Court third. If mediation does not resolve the matter, you and we both consent to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, and waive any objection to venue there.

Each party will bear its own attorneys' fees and costs, except where a statute (for example, California Code of Civil Procedure §1021.5) or a contract provision specifically provides otherwise.

Nothing in this section prevents either party from seeking injunctive or equitable relief in court to protect intellectual property or to enforce a confidentiality obligation.

16. Force majeure

Neither party will be liable for any failure or delay in performance that results from causes outside its reasonable control, including (but not limited to) acts of God, natural disasters, fire, flood, earthquake, pandemic, public-health emergency, government order or quarantine, war, civil unrest, terrorism, labour disturbance not involving the party's own employees, internet or utility outage, or failure of a third-party service provider on which the site, Client Portal, or training service relies. The party affected will use reasonable efforts to mitigate the impact and resume performance as soon as practicable. Session-rescheduling rights during a force-majeure event are governed by your Service Agreement.

17. Accessibility and accommodations

We are committed to making our website, our Client Portal, and our training services usable by people with disabilities. The site is designed to meet WCAG 2.1 Level AA where reasonably achievable for a small-business website, and the Client Portal includes a dedicated accessibility mode. If you encounter a barrier to access — for example, a feature that does not work with your screen reader, a color contrast that is hard for you to see, or any other accessibility issue — please email james@kinetiqaf.com. We will respond and, where possible, fix the issue or provide the same information or service through an alternative channel. We will also provide reasonable accommodations under the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and the California Unruh Civil Rights Act (Cal. Civ. Code § 51) on request, at no additional charge.

18. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent. Any attempted assignment without consent is void. We may assign these Terms in connection with a sale of substantially all of our business, a reorganization, a merger, or a similar transaction, on the condition that the successor agrees to be bound by these Terms. Any such assignment by us will not enlarge your obligations or reduce your rights.

19. No third-party beneficiaries

These Terms are entered into for the benefit of you and us only. Except as expressly stated (for example, the Indemnified Parties identified in §13), no third party has any right to enforce any provision of these Terms or to claim any benefit under them. Nothing in these Terms creates any agency, partnership, joint-venture, or employment relationship between you and us.

20. Notice and delivery

How we will send notices to you. Any notice we send under these Terms (including notice of a material change, a termination, or a dispute) will be delivered to the email address associated with your Client Portal account, or — if you have not created an account — to the email address you used when you submitted the contact form. Notice is effective on the date sent unless we receive a bounce or other delivery failure.

How you must send notices to us. Any notice or formal communication you send us under these Terms must be sent by email to james@kinetiqaf.com with a clear subject line describing the matter (for example, "Privacy request," "Dispute notice," or "Accessibility issue"). Notice is effective on the date we acknowledge receipt or, in the absence of acknowledgement, three business days after sending if no bounce or delivery failure is received.

You are responsible for keeping your contact information current. We are not responsible for notices that fail to reach you because your email address on file is outdated.

21. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page tells you when we last made a change.

For material changes that affect your rights or obligations, we will:

• Email active Client Portal users at least 30 days before the change takes effect
• Post a notice on the homepage of KinetiqAF.com
• Keep the prior version on file and make it available on request

If you keep using the site after a change takes effect, you accept the updated Terms. If you do not agree with a change, your remedy is to stop using the site and close your account. The training relationship itself will continue to be governed by your Service Agreement.

22. Severability and entire agreement

If any provision of these Terms is held to be unenforceable, the remaining provisions remain in full effect. The unenforceable provision will be replaced with a valid one that comes closest to the original intent.

These Terms, together with our Privacy Policy and (where applicable) your signed Service Agreement, are the entire agreement between you and us regarding the subject matter. They supersede any prior agreements, representations, or understandings on the same subject. No oral statement by any employee or agent of ours can modify these Terms; modifications must be in writing.

Our failure to enforce any provision of these Terms at any particular time is not a waiver of our right to enforce it later.

23. How to contact us