Terms and Conditions

Payment Terms 

The FBA Certification Program, SUCCEED! On-Demand, and any FBA membership fees are on an auto-renew schedule and charged at the time of purchase and then on the same date at the 12-month point for FBA Certification and at the 6-month point, for as long as your Certification and SUCCEED! On-Demand, or FBA membership subscription is active. You may cancel your account at any time in accordance with the Cancellation/Refund Policy below. 

User authorizes the Fitness Business Association (“FBA”) or its agent(s) to make an electronic withdrawal on the date of enrollment and on the same date at the 6-month mark or 12-month mark for as long as subscription is active, from the debit or credit card account specified by User for any amount due from User under this agreement. By submitting this application, User agrees that no advance written notice of the charge will be provided unless the total amount is more than your original membership. This authorization for automatic debit remains in full effect until User cancels their subscription in conformance with the terms and conditions. User agrees to provide the FBA with any changes in the account from which payments are to be made and that the FBA is authorized to extend the expiration date of any debit or credit card utilized to coincide with any update or reissuance of the current debit/credit card that secures membership. 

Cancellation/Refund Policy

All Users to the FBA Certification Program are on an annual subscription which auto-renews every 12/months.  SUCCEED! On-Demand Users and FBA Memberships are on a 6-month subscription and automatically renew every 6-months until canceled in writing or by visiting fbafitness.com and canceling through the Website.

Users must cancel their renewal prior to their renewal date. Users who do not cancel prior to this date will be charged the renewal rate and may not be entitled to a refund. 

All Store items are non-refundable.

Increase in Fees After The Initial Term 

User agrees that the FBA and SUCCEED! may increase fees at any time. However, the FBA shall provide the User at least 30 days advance notice, at the email address provided by User, of the imposition of any increase in fees. Notice shall be deemed to be given when sent via email.

Account

In order to access some areas of the Site, or participate in certain aspects of the Site, you will need to become a user or member and create an account. When creating your account, you agree to provide complete and accurate information. You shall be responsible for maintaining the secrecy of your username and password, and the FBA accepts no responsibility for unauthorized use of the same. You agree not to use any username or password not belonging to you.

Acceptance

The Fitness Business Association (“FBA”) conditions the use of www.fbafitness.com or any other website (collectively, the “Site”) operated by the FBA on acceptance of the following terms: (1) the terms and conditions, as set forth below; (2) the FBA Code of Conduct; and (3) FBA's Privacy Policy. If you do not agree with each and all of these terms, do not use the Site as they are expressly required for any such use. Your use of the Site shall constitute an acceptance of the terms and conditions set forth herein, the code of conduct and the privacy policy.

Code of Conduct

In using fbafitness.com, you agree to abide by all applicable laws and regulations, and comply with community standards and Code of Conduct. You agree to refrain from posting words or images that are unlawful, false, defamatory, obscene, or infringe upon others’ rights, including intellectual property rights. You also agree to refrain from posting content that could be deemed an advertisement or solicitation where not explicitly authorized by the FBA.

Intellectual Property

All content on this Site, including but not limited to images, code, text, graphical designs, and logos are the sole property of the FBA. Unauthorized use, reproduction, distribution, display, or creation of derivative materials is prohibited and could subject you to civil and/or criminal liability. Your use of the FBA site does not create any interest in the intellectual property of the FBA. You agree that you will not use fbafitness.com for any purpose other than personal use, and have no authority to use the content of the site, including the FBA’s trademarks and copyrighted materials, for any purpose other than those expressly provided on fbafitness.com. 

Presenters agree that any and all Content provided to FBA, including Content presented on FBA’s website and SUCCEED! website (fbasucceed.com), has been created by them as a work-for-hire for the benefit of FBA who shall have a royalty-free perpetual and irrevocable license to use, present, broadcast and rebroadcast such Content for its own benefit. FBA’s license granted hereunder includes the right to create derivative works, at FBA’s sole discretion, from the original Content provided by the Presenter. Presenters also grant unlimited permission to FBA to use, for its commercial purposes and without any additional compensation, their right of publicity, including their identity and likeness both for FBA’s website presentations and advertising.

User Articles and Submissions

Users may submit information for use on fbafitness.com, including but not limited to advertisements, articles, webinars, videos, podcasts, social hours, couch conversations, events, and profile information. In doing so, you agree that such submissions shall be lawful, and shall contain content that you have authority to use and post on fbafitness.com. You agree that posting such submissions on fbafitness.com shall provide the FBA with a worldwide, non-exclusive, royalty-free, sublicenseable and transferable right to use, distribute, reproduce, and display such content without limitation. Such rights shall include the rights of the FBA to prepare derivative works of such content.

The FBA is not responsible for the content posted on the Site. While the FBA reserves the right to monitor any submissions and to delete or refuse to post any content for any reason, it has no obligation to do so. The poster of content on fbafitness.com is solely responsible for said content.

No Warranty

You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, FBA, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. The FBA makes no warranties or representations about the accuracy or completeness of this site’s content, the content of any sites linked to this site, the accuracy or content, or the suitability of any content for any given visitor or user, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) loss or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, or the like that may be transmitted to or through our Site by any third party, (vi) any injuries, problems, or other adverse reactions that may result from performing or utilizing any, trainers, studios, fitness business, or information on the Site, and/or (vii) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.

Links to Other Websites

Links to other websites may appear on this Site. Unless expressly stated otherwise, the FBA has no control over any such linked websites and is not responsible for and does not endorse or guarantee the content or services offered through such websites in any way. By accessing such websites, you do so at your own risk.

Limitation of Liability

In no event shall the FBA or its representatives or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to, use of, and/or use of any information from, our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site by any third party, and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site. Such limitation shall apply to the fullest extent authorized by the law of the governing jurisdiction.

You specifically acknowledge that the FBA shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You further specifically acknowledge that the FBA is not responsible for and in no event shall be liable to for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any third party event hosted, advertised, or otherwise listed or linked to this Site.

Indemnification

You agree that you will defend and indemnify the FBA and its representatives and agents for any and all claims, demands, causes of action, lawsuits arising out of your use of the site to the full extent authorized by law. Such indemnity shall include the payment of attorneys’ fees to the FBA's counsel of choice for defense of said claim. This obligation will not be terminated if you cease using the Site.

Conflict Resolution - Arbitration

You agree to submit any dispute between you and the FBA to binding arbitration pursuant to JAMS rules or, if unable, to the American Arbitration Association (AAA). Such arbitration must be initiated and prosecuted in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Venue and Applicable Law

The FBA is a limited liability company doing business in the State of Illinois, and its Site is run in the State of Illinois. You agree that if there is ever a dispute between you and the FBA, for any reason, the venue for such arbitration shall be in Cook County, Illinois. The laws of the State of Illinois shall govern any such dispute.

Ability to Contract

You agree that you are in a condition to agree to be legally bound by these terms and conditions. If you are under 18 years of age and are not legally emancipated, you have the consent of your parent or legal guardian to agree to these terms and conditions. If you are under 18 years of age and do not have your parent or guardian’s consent to abide by these terms, you must not use fbafitness.com.

The FBA is proud to serve as your resource for fitness professionals, wellness, and all fitness business-related information. As part of this mission, the FBA recommends that any and all visitors to this web site use common sense when making use of any information on www.fbafitness.com. The business objectives, needs, and abilities of every fitness professional and fitness business are unique. As such, the FBA recommends that users of this site exercise caution when developing or executing their business strategy.

Modifications to Policy

The FBA reserves the right to change these terms and conditions and/or its privacy policy at any time without notice to you. Please review these policies regularly to ensure that you agree to the latest version of the terms and conditions of use.

Termination of Account

The FBA has the exclusive right to terminate your account for any reason, at any time. Such termination may include, but is not limited to, the loss of account status. It may also include the termination of the ability to participate in this Site.

Text Messaging (SMS) Alerts

Users may receive no more than 3 text message alerts each month. Standard data and message rates may apply for text message alerts. Please contact your mobile phone carrier for details. If you require assistance, you can call us at 612-213-2375.

FBA Certification Program

These Terms govern your participation in the Program and constitute a legally binding agreement between you ("Participant") and the Fitness Business Association ("FBA"). By enrolling in the Program, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not participate in the Program.

  1. Eligibility: 1.1 To be eligible for the FBA Certification Program, you must meet the following criteria: a) Be at least 18 years of age or the legal age of majority in your jurisdiction. b) Possess a recognized fitness qualification from an accredited institution or demonstrate equivalent experience in the fitness industry. c) Agree to abide by the FBA's Code of Ethics and Standards of Professional Conduct.

  2. Program Description: 2.1 The FBA Certification Program aims to provide participants with a comprehensive understanding of fitness business administration principles and practices. 2.2 The Program consists of online courses, assessments, and a final examination designed to test your knowledge and skills in fitness business administration. 2.3 Successful completion of the Program will result in the award of the FBA Certification, subject to meeting all requirements outlined by the FBA.

  3. Enrollment and Fees: 3.1 To enroll in the Program, you must complete the designated registration process and pay the applicable fees as determined by the FBA. 3.2 All fees are non-refundable, except as expressly stated otherwise in these Terms or as required by applicable law.

  4. Intellectual Property: 4.1 All materials provided as part of the Program, including but not limited to course content, assessments, and instructional materials, are owned or licensed by the FBA and are protected by intellectual property laws. 4.2 Participants may only use the Program materials for personal and non-commercial purposes. Reproduction, distribution, or unauthorized use of the materials is strictly prohibited.

  5. Confidentiality: 5.1 Participants may have access to confidential and proprietary information of the FBA during the Program. You agree to maintain the confidentiality of such information and not disclose it to any third party without the FBA's prior written consent. 5.2 This confidentiality obligation survives the termination or expiration of your participation in the Program.

  6. Certification Requirements: 6.1 To obtain the FBA Certification, you must successfully complete all required courses, assessments, and the final examination, as determined by the FBA. 6.2 The FBA reserves the right to update or modify the certification requirements at its sole discretion. Any such changes will be communicated to participants in a timely manner.

  7. Code of Conduct: 7.1 Participants in the Program are expected to adhere to the FBA's Code of Ethics and Standards of Professional Conduct. 7.2 Violation of the Code of Conduct may result in disciplinary action, including but not limited to termination of participation and revocation of the FBA Certification.

  8. Limitation of Liability: 8.1 To the extent permitted by law, the FBA, its affiliates, and their respective directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your participation in the Program. 8.2 The FBA's liability, if any, shall be limited to the amount of fees paid by you for the Program.

  9. Termination: 9.1 The FBA reserves the right to terminate your participation in the Program if you fail to comply with these Terms or engage in conduct that the FBA deems inappropriate or detrimental to the Program or its reputation. 9.2 You may terminate your participation in the Program at any time by providing written notice to the FBA. However, no refund of fees will be provided upon termination.

  10. Governing Law and Dispute Resolution: 10.1 These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction]. 10.2 Any claims or disputes arising between you and the FBA shall first be subject to mediation or negotiation in good faith. If the parties are unable to resolve the dispute through mediation or negotiation, either party may pursue legal remedies as permitted by applicable law.

  11. Severability: 11.1 If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired.

  12. Entire Agreement: 12.1 These Terms constitute the entire agreement between you and the FBA regarding your participation in the FBA Certification Program and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.

By enrolling in the FBA Certification Program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.