Effective Date: April 3, 2026
Business: ubrZati
Location: Brevard County, Florida
These Terms and Conditions (the "Terms") govern access to and use of the ubrZati parent and athlete management application, website features, messaging tools, scheduling features, payment-related functions, athlete profiles, and related services offered by ubrZati in connection with its performance training facility in Brevard County, Florida. By creating an account, clicking to accept, signing electronically, downloading the app, accessing any portion of the services, or using the services on behalf of an athlete, the user agrees to be bound by these Terms and by any additional policies incorporated by reference, including the Privacy Policy, informed consent documents, and any training program rules.
If a parent, legal guardian, or other authorized adult creates or manages an account for a minor athlete, that adult represents that they have authority to act on the minor's behalf for account administration, payment, scheduling, communications, and consent to electronic transactions. Florida recognizes electronic records and electronic signatures as legally enforceable and provides that a record or signature may not be denied legal effect solely because it is in electronic form.
The services are intended for use by:
Users must provide accurate, current, and complete account information and must promptly update any information that changes, including emergency contacts, health information voluntarily submitted for training administration, billing details, and communication preferences. Each user is responsible for maintaining the confidentiality of login credentials and for all activities occurring under the account unless unauthorized use is promptly reported to ubrZati.
A parent or guardian who permits a minor athlete to access any athlete-facing feature remains responsible for the minor's use of the services, compliance with these Terms, attendance decisions, communications, and all charges associated with the account.
The app is an administrative and communication platform designed to support program participation. Features may include account management, athlete rosters, attendance tracking, training schedules, class enrollment, waitlists, in-app messages, announcements, progress notes, document execution, billing interfaces, incident notifications, and other facility-management functions.
The app is not a medical device, emergency response service, healthcare portal, or substitute for medical diagnosis, treatment, or supervision. Any performance data, coach notes, readiness indicators, workload logs, or recommendations displayed in the app are informational and operational in nature and must not be treated as medical advice.
ubrzati may modify, suspend, replace, or discontinue any feature at any time, with or without notice, to improve the service, comply with law, address safety concerns, or respond to operational needs.
Use of the app does not itself create a guaranteed right to participate in training sessions, camps, evaluations, or competitions. Participation may remain subject to separate enrollment documents, payment completion, eligibility review, code-of-conduct compliance, health disclosures, and execution of additional acknowledgments, waivers, informed consent forms, and facility policies.
To the extent the user also purchases future health studio services from ubrZati, the parties acknowledge that Florida law imposes specific rules on health studio contracts, including a penalty-free 3-day cancellation right and required cancellation/refund provisions in certain closure or relocation situations.[web:21][web:24] Any standalone membership or training agreement required by Florida health studio law will control over these Terms if a conflict exists on those specific subjects.
If the services include payment-enabled features, the user authorizes ubrZati and its payment processors to charge the payment method on file for tuition, training packages, memberships, camps, assessments, late fees, cancellation fees permitted by law, merchandise, and any other charges clearly disclosed at the time of purchase.
Unless a separate signed agreement states otherwise, fees are due according to the billing schedule shown at checkout or in the account portal. Failed payments may result in suspension of scheduling privileges, denial of participation, late charges permitted by law, or account restriction until the balance is resolved.
All fees are nonrefundable except as required by applicable law, an express written refund policy, or a program-specific agreement. Where Florida health studio law applies to a covered contract, any mandatory cancellation or refund rights required by statute will be honored.
Users may cancel their app account at any time by contacting ubrZati or by using any in-app cancellation function made available for that purpose. Canceling an account does not automatically cancel a training contract, camp registration, installment obligation, autopay authorization, or any other separately accepted purchase commitment unless the cancellation request expressly covers those obligations and ubrZati confirms the result in writing.
Where a transaction constitutes a health studio contract under Florida law, the user may have statutory cancellation rights, including the 3-day penalty-free cancellation period and certain cancellation/refund rights if the business location closes or moves more than 5 driving miles without providing a comparable location within 30 days.
By using the services, the user consents to receive electronically all agreements, receipts, disclosures, notices, reminders, account updates, policy changes, invoices, and other communications from ubrZati, including by email, push notification, SMS text message, in-app message, or posting within the services, to the extent permitted by law.
The user agrees that electronically presented records satisfy any legal requirement that communications be in writing and that electronic acceptance, checkbox consent, typed name, stylus signature, or other approved digital signing method may constitute the user's signature. Florida law recognizes electronic signatures and records and states they may not be denied legal effect solely because they are electronic.
The user is responsible for maintaining a valid email address, current mobile number, compatible device access, and software capable of retaining electronic records.
ubrzati may collect, use, store, and disclose account, athlete, parent, attendance, communication, payment, device, and operational data as described in its Privacy Policy and as reasonably necessary to operate the services, administer programs, protect participant safety, process payments, communicate with families, comply with legal obligations, and enforce these Terms.
If the services are directed to or knowingly collect personal information from children under 13, applicable federal law requires verifiable parental consent before collection, and Florida materials describing youth privacy similarly note that operators of apps and online services directed to children under 13 must obtain parental permission. For known children, Florida privacy law materials also describe heightened obligations around processing sensitive personal data and parental or affirmative authorization mechanisms depending on age.
Users must review the separate Privacy Policy for detailed information on categories of data collected, retention periods, user rights, cookies or analytics technologies, and any third-party processors.
Parents, guardians, and adult athletes are responsible for providing complete and accurate emergency contact information and for promptly updating any material health or participation limitations relevant to safe program administration. ubrZati may rely on the information provided through the app unless and until corrected by the user.
The app may allow users to submit allergies, medications, injury history, physician restrictions, emergency instructions, or other sensitive information to support safe scheduling and communication. Submission of such information through the app constitutes authorization for ubrZati personnel, coaches, and reasonably necessary service providers to access and use that information for program administration, participant safety, and emergency response.
In an emergency, and when the parent, guardian, or emergency contact cannot be reached in time, the user authorizes ubrZati personnel to contact emergency responders and to seek reasonable emergency care for the athlete. The user remains financially responsible for any outside medical services obtained from third parties.
Participation in speed, strength, conditioning, agility, jumping, throwing, resistance training, sprint work, plyometrics, mobility work, testing, and related athletic activities involves inherent risks, including falls, collisions, muscle strains, ligament injuries, overexertion, equipment failure, and, in rare cases, serious injury, illness, disability, or death. Separate participation waivers, informed consent forms, and emergency authorization documents should be used in addition to these Terms when athletes take part in physical activities.
Florida authorities and legal commentary indicate that exculpatory language must be clear and unequivocal to be enforceable, and Florida law limits the effectiveness of pre-injury waivers signed by parents on behalf of minors in commercial activity settings, while permitting waiver of inherent risks in certain circumstances under section 744.301. Accordingly, these Terms should not be the only risk-allocation document used for facility participation involving minors.
For adult athletes age 18 or older, any separate release or waiver presented by ubrZati may include release language addressing negligence to the fullest extent allowed by Florida law. Nothing in these Terms releases liability for conduct that cannot lawfully be waived.
Users may not:
ubrzati may suspend or restrict access immediately if it reasonably believes a violation of these Terms, facility policies, law, or participant-safety standards has occurred.
Users may submit messages, documents, profile information, forms, injury notes, attendance explanations, photographs, or other content through the services. The user represents that they have the right to submit that content and grants ubrZati a nonexclusive, worldwide, royalty-free license to host, store, reproduce, transmit, and use the content solely as needed to operate the services and administer facility programs.
Users must not upload protected health, educational, or third-party information unless reasonably necessary for program administration and authorized by the person whose information is being provided or their legal representative.
ubrzati may remove content that violates these Terms, threatens safety, or exposes the facility or its participants to legal or operational risk.
If the user opts in to SMS or provides a mobile number, ubrZati may send transactional or relationship messages such as schedule reminders, attendance alerts, account notices, facility closures, and emergency notifications. Promotional messages will be governed by the user's consent choices and applicable law.
Message and data rates may apply according to the user's mobile carrier plan. Consent to receive text messages is not a condition of purchasing training services unless the message is strictly necessary for the service requested.
The app, software, logos, branding, text, graphics, workflows, databases, audiovisual content, and other materials made available by ubrZati are owned by ubrZati or its licensors and are protected by applicable intellectual property laws. Except for the limited right to use the services for their intended purpose, no rights are granted by implication, estoppel, or otherwise.
Users may not copy, distribute, modify, create derivative works from, publicly display, sell, license, or exploit the services or related content except as expressly authorized in writing.
The services may integrate with or link to third-party providers such as payment processors, email or SMS vendors, video platforms, wearable integrations, mapping services, calendar tools, or cloud hosting vendors. ubrZati is not responsible for third-party services, content, availability, or independent privacy and security practices.
Use of third-party services may be subject to separate terms and privacy policies imposed by those providers.
The services are provided on an "as is" and "as available" basis, subject to downtime, interruptions, errors, maintenance, delays, and third-party service failures. To the fullest extent permitted by law, ubrZati disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, and any warranty arising from course of dealing or usage of trade.
ubrzati does not guarantee that the services will be uninterrupted, error-free, secure, or compatible with every device, nor does it guarantee any training, performance, recruiting, academic, health, or competition outcome.
To the fullest extent permitted by law, ubrZati and its owners, officers, directors, employees, contractors, agents, affiliates, and licensors will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of data, loss of revenue, loss of opportunity, personal device damage, or business interruption, arising out of or relating to the services.
To the fullest extent permitted by law, the aggregate liability of ubrZati for claims arising out of or relating to the app or these Terms will not exceed the greater of: (a) the amount paid by the claimant to ubrZati for app-related services in the 12 months preceding the event giving rise to the claim; or (b) $100. Some laws may not permit certain limitations, and those limitations will apply only to the extent allowed.
Nothing in these Terms limits liability that cannot lawfully be limited under applicable law.
The user agrees to defend, indemnify, and hold harmless ubrZati and its owners, officers, directors, employees, contractors, agents, affiliates, and licensors from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) the user's breach of these Terms; (b) misuse of the services; (c) violation of law or third-party rights; or (d) content or information submitted by the user.
This indemnity does not require indemnification to the extent a claim results from ubrZati's own conduct where indemnification is prohibited by law.
ubrzati may suspend, restrict, or terminate access to the services at any time, with or without notice, if necessary to protect participant safety, investigate misconduct, prevent fraud, respond to legal process, enforce these Terms, or address technical or security issues.
Termination of access does not waive any payment obligation, accrued claim, defense, or provision of these Terms that by its nature should survive termination, including provisions on payments, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Unless a valid arbitration provision is added in a separate signed agreement, any legal action arising from or relating to these Terms shall be brought exclusively in the state courts located in Brevard County, Florida, or, where jurisdiction exists, the federal court serving that county.
The parties consent to personal jurisdiction and venue in those courts.
ubrzati may elect to include a separate arbitration agreement, jury-trial waiver, or mediation clause in enrollment documents, membership contracts, or updated Terms. Such provisions should be reviewed by Florida counsel before implementation, particularly for consumer-facing and minor-related services.
Until such a provision is expressly adopted, nothing in this section requires arbitration.
ubrzati may update these Terms from time to time to reflect changes in law, business practices, facility operations, app features, or risk management needs. Updated Terms may be posted in the app, on the website, or otherwise delivered electronically.
Continued use of the services after the effective date of updated Terms constitutes acceptance of the revised Terms, except to the extent additional affirmative consent is required by law.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law. Failure to enforce any provision is not a waiver of future enforcement.
These Terms, together with any incorporated policies and any separately signed enrollment, health studio, waiver, consent, or payment documents, constitute the entire agreement regarding the app and supersede prior discussions relating specifically to the app, but not any separate signed facility participation agreement intended to remain in force.
The user may not assign these Terms without ubrZati's prior written consent. ubrZati may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
All notices relating to these Terms should be sent to ubrZati using the contact information published in the app or on the official facility website. Legal notices should also be sent by certified mail to ubrZati's principal business address on file.
Before rollout, these Terms should be reviewed and customized by a Florida attorney to align with: