TERMS & CONDITIONS WAIVER

BBV with the ABCs™ Online Instructional Course

Effective Date: March 2, 2025
Owner: KM BBV Holdings, LLC d/b/a KPERFORM™

1. Course Content & Structure

BBV with the ABCs™ is an online educational program designed for children and families. The course includes a combination of live-action demonstrations and animated content featuring strength and conditioning exercises, voice and breathing techniques, and interactive challenges. The program is intended for general wellness and entertainment purposes only and is not a substitute for professional training, fitness instruction, or medical guidance.

The program is delivered via pre-recorded online videos, allowing participants to engage at their own pace. Some exercises are demonstrated by real individuals, while others may be represented through animated characters. Regardless of format, participants should recognize that any physical activity carries inherent risks.

User Responsibility & Participation Risk

• Participation in this course is entirely voluntary and at the user’s own risk.
• Users are responsible for ensuring they have a safe environment to engage in course activities and should consult a professional (such as a doctor, vocal coach, or fitness trainer) before performing exercises, particularly if they have pre-existing medical, cognitive or sensory conditions.
• Some activities may involve physical exertion, breathing techniques, and vocal strain, and users should discontinue participation immediately if they experience discomfort, dizziness, or distress.

Parental/Guardian Consent for Minors

By purchasing, accessing, or using this program, the parent or legal guardian of any participating minor agrees to these Terms and Conditions on behalf of the minor. The guardian acknowledges that:

1. They have read and understood these terms.
2. They accept full responsibility for the minor’s participation, including any risks involved.
3. They will ensure appropriate supervision and a safe environment for the minor while engaging in course activities.

1. Payment & Access

Payment Model & Access Duration

• The BBV with the ABCs™ course is available as a one-time purchase.
• Upon purchase, users receive access to the course for one (1) year.
• After the initial one-year period, continued access may be granted upon re-signing up or repurchasing the course.

Single-User License & Household Access

• Each purchase grants access to one adult user.
• Households with minors may allow multiple logins under the same account for their children.
• Account sharing beyond the purchasing household is strictly prohibited and may result in account termination.

No Refund Policy

• All sales are final.
• Once a purchase is made, no refunds, exchanges, or cancellations will be provided for any reason.
• By completing a purchase, users acknowledge and agree to this no-refund policy.

International Users

• This Agreement applies globally, and all disputes must be resolved in Tennessee, USA, as outlined in the Dispute Resolution terms above.
• Users outside the United States are responsible for:
• Ensuring that participation in this course does not violate their local laws or regulations.
• Paying any applicable taxes, currency conversion fees, or international transaction costs imposed by their bank or payment provider.
• Complying with all applicable data privacy regulations (such as GDPR for users in the European Union).
• KPERFORM™ makes no guarantees that this course is appropriate or legally available in all international locations. If access to the course is restricted in a user’s country, KPERFORM™ is not responsible for any limitations on availability.
• Refund Policy: International users are subject to the same refund policy as U.S. users, as outlined in Section 2 (Payment & Access).
• This course is offered in English only, and KPERFORM™ is not responsible for any misunderstandings due to language barriers.

1. Usage & Restrictions

Content Access & Downloads

• The BBV with the ABCs course includes both streaming and downloadable materials (videos, PDFs, worksheets).
• All course materials are copyrighted and the intellectual property of KM BBV Holdings, LLC d/b/a KPERFORM™.
• Streaming videos may not be shared in their entirety on any social media platforms or with unauthorized users.
• Downloadable content is strictly for personal use only and may not be redistributed, resold, or transferred in any way.

Reproduction & Sharing

• Users may share clips of themselves performing exercises or screenshots from the course on social media.
• Users may not share, post, or distribute any full-length video or audio content from the course.
• Unauthorized copying, reproduction, or redistribution of course materials is strictly prohibited.

Modification of Content

• Users may not modify, remix, alter, or repurpose any course materials.
• Any attempt to modify content is strictly prohibited and may result in account suspension and legal action.

Commercial Use Restrictions

• Course materials are for personal use only.
• Users may not use the exercises, techniques, or curriculum for business, coaching, or commercial purposes, unless they have obtained the required credentialing offered by KPERFORM™.

Violations & Consequences

• Any violation of these rules (including unauthorized sharing, redistribution, or modification) may result in:
1. Immediate suspension of the user’s account.
2. Legal action for copyright infringement or intellectual property violations.

1. Disclaimers & Liability

General Disclaimer

• The BBV with the ABCs course is for educational and informational purposes only.
• This course is not a substitute for professional training, fitness programs, medical advice, or mental health services.

Disclaimers & Liability

• The BBV with the ABCs™ course is for educational and informational purposes only. It is not a substitute for professional training, medical, fitness, mental health, or vocal coaching services.
• Participation in this course is entirely voluntary and at the user’s own risk.
• Participation in this course is entirely voluntary, and users are responsible for their own health, safety, and well-being while engaging in any activities.

Assumption of Risk & Release of Liability

• By enrolling in this course, users acknowledge and accept all risks associated with physical activity, vocal exercises, cognitive engagement, sensory exposure, and any challenges presented.
• KM BBV Holdings, LLC d/b/a KPERFORM™ and its affiliates, instructors, employees, or agents shall not be liable for any injuries, health complications, cognitive strain, emotional distress, or sensory-related reactions arising from participation in this program.
• Users participate at their own risk, with no exceptions.

Sensory Effects Disclaimer

• Some course materials may contain flashing lights, strobe effects, rapid text animations, or sound effects that could potentially trigger seizures, migraines, or sensory sensitivities in some individuals.
• Users who have photosensitive epilepsy, light or sound sensitivity, or related conditions should consult with a medical professional before engaging with the course content.
• If at any time a user experiences dizziness, disorientation, nausea, headaches, or any adverse effects, they should immediately discontinue use of the course.

No Guaranteed Results

• Individual results may vary, and participation in this course does not guarantee improved strength, vocal ability, cognitive function, endurance, or any other specific outcome.

Medical, Mental Health & Professional Advice Disclaimer

• This course does not provide medical, fitness, vocal coaching, or mental health advice and should not be relied upon as such.
• Users should consult with a medical professional, fitness trainer, vocal coach, or mental health providerbefore engaging in exercises, especially if they have pre-existing health conditions, cognitive challenges, or mental health concerns.

User & Parental Responsibility

• Users are responsible for ensuring they have a safe space to participate in physical activities and vocal exercises.
• Parents/guardians should monitor minors for signs of physical discomfort, emotional distress, or sensory overload and discontinue participation if necessary.

Limitation of Liability

• By enrolling in this course, users acknowledge and accept that KM BBV Holdings, LLC d/b/a KPERFORM™ is not liable for any injuries, adverse health effects, or damages resulting from participation in course activities.
• To the fullest extent permitted by law, KM BBV Holdings, LLC d/b/a KPERFORM™'s total liability for any claim related to this course shall not exceed the amount paid by the user for the course.
• Under no circumstances shall KPERFORM™ be responsible for any indirect, incidental, or consequential damages related to course participation.

Safety & Risk Acknowledgment

• Certain breathing techniques, vocal exercises, and physical activities may affect motor control, balance, or cause dizziness.
• Users must always practice exercises in a safe and controlled environment and never in situations where a loss of control could lead to harm.
• Users should NOT practice any exercises:
• While driving or operating heavy machinery.
• In or near water, including pools, bathtubs, or open bodies of water.
• In situations where dizziness, fatigue, or loss of control could pose a danger.

Neurodiverse & Neurotypical Users

• The BBV with the ABCs™ course is designed for a broad audience, including individuals who are neurodiverse or neurotypical.
• Users with sensory sensitivities, cognitive processing differences, ADHD, autism, or other neurodiverse conditions should consider their own needs and tolerance levels when engaging in course activities.
• Some exercises may include visual or auditory stimuli (e.g., flashing lights, animated text, background music, and voice prompts) that could impact individuals with sensory processing sensitivities.
• Users should modify their participation as needed to ensure comfort and discontinue any activity that causes distress.
• Parents and guardians of neurodiverse minors should supervise participation and adjust activities based on the child’s needs.

Medical & Professional Advice Disclaimer

• This course does not provide medical advice, diagnosis, treatment, or emergency care services.
• The techniques, exercises, and recommendations in this course are not meant to replace consultation with a medical professional, physical therapist, licensed fitness coach, mental health specialist, or vocal instructor.
• Users should seek professional medical advice before engaging in any new physical or vocal activities, particularly if they have pre-existing health conditions (e.g., respiratory issues, neurological disorders, cardiovascular conditions).
• In case of a medical emergency, users should immediately contact emergency services or a licensed healthcare provider.

Effectiveness Disclaimer

• Individual results may vary, and KM BBV Holdings, LLC d/b/a KPERFORM™ makes no guarantees regarding specific outcomes (e.g., improved strength, vocal ability, cognitive function).
• The exercises and techniques in this course may work differently for each individual, and users assume full responsibility for their participation.

Health & Sensory Disclaimer Acknowledgment

1. Intellectual Property

Ownership of Course Materials

• All content within the BBV with the ABCs course, including but not limited to videos, worksheets, exercises, lessons, quizzes, text, images, animations, branding, and concepts, is the exclusive intellectual property of KM BBV Holdings, LLC d/b/a KPERFORM™.
• Users do not acquire any ownership rights by purchasing, accessing, or using the course materials.

Usage Restrictions

• Course materials are for personal use only and may not be copied, distributed, resold, or used for commercial purposes.
• Users may not use the course content in their own business, coaching, or training programs unless they have obtained the required credentialing from KPERFORM™.
• Any unauthorized use of course materials may result in legal action for copyright or intellectual property infringement.

Trademark & Branding Protection

• The name KPERFORM™, along with any logos, trademarks, and branding elements associated with KM BBV Holdings, LLC, may not be used by users for any purpose without prior written permission, except as follows:
• Users may share their participation and progress on social media or other platforms, as long as it promotes and credits KPERFORM™ and does not imply endorsement, partnership, or affiliation beyond participation in the course.
• Users may not modify, alter, or edit KPERFORM™ content, branding, or logos in a way that misrepresents the company or its programs.
• Testimonials, reviews, or shared experiences must be honest and reflect the user's own experience. Users are solely responsible for any claims they make about their participation.
• Any misuse of the KPERFORM™ name, logo, or brand elements for unauthorized commercial or misleading purposes may result in legal action.

1. Governing Law, Dispute Resolution & International Users

Governing Law

• This Agreement shall be governed by and construed under the laws of the State of Tennessee, United States of America, without regard to its conflict of law principles.

Binding Arbitration

• Any dispute, claim, or controversy arising out of or relating to this Agreement, the BBV with the ABCs course, or any related services shall be exclusively resolved through final and binding arbitration, rather than in court.
• Arbitration shall be conducted by a recognized arbitration body in Tennessee in accordance with its rules. The arbitration shall be held in English and decided by a single arbitrator.
• Each party shall bear its own legal fees, and arbitration costs shall be split equally, unless the arbitrator decides otherwise.
• Users waive the right to sue in court, including the right to a jury trial.
• Users expressly waive the right to participate in any class-action lawsuit, collective action, or representative proceeding against KM BBV Holdings, LLC d/b/a KPERFORM™.
• The arbitrator shall not have the authority to consolidate claims or preside over any form of class-wide or representative litigation.

Waiver of Court Litigation, Jury Trial & Class Actions

• By agreeing to arbitration, both parties waive the right to bring lawsuits in court (except for claims that qualify for small claims court) and waive the right to a jury trial.
• Users agree to bring claims only in their individual capacity and not as a plaintiff or member of any class-action lawsuit, collective action, or representative proceeding.

Exception – Intellectual Property Protection

• KM BBV Holdings, LLC d/b/a KPERFORM™ retains the right to seek injunctive or other equitable relief in court to protect its intellectual property rights, trademarks, and confidential business information.

International Users

• This Agreement applies globally, and all disputes must be resolved in Tennessee, USA, as outlined in the Dispute Resolution terms above.
• Users outside the United States are responsible for:
• Ensuring that participation in this course does not violate their local laws or regulations.
• Paying any applicable taxes, currency conversion fees, or international transaction costs imposed by their bank or payment provider.
• Complying with all applicable data privacy regulations (such as GDPR for users in the European Union).
• KPERFORM™ makes no guarantees that this course is appropriate or legally available in all international locations. If access to the course is restricted in a user’s country, KPERFORM™ is not responsible for any limitations on availability.
• This course is offered in English only, and KPERFORM™ is not responsible for any misunderstandings due to language barriers.

1. Termination of Access

KM BBV Holdings, LLC d/b/a KPERFORM™ reserves the right to suspend or permanently terminate a user’s access to the course without refund if the user violates these Terms & Conditions, including but not limited to:

• Unauthorized sharing, reproduction, or misuse of course materials.
• Account sharing outside the permitted household use.
• Engaging in fraudulent activity, harassment, or abuse toward KPERFORM™ staff or community members.

1. Force Majeure (Uncontrollable Events)

KM BBV Holdings, LLC d/b/a KPERFORM™ shall not be liable for any failure or delay in performing its obligations under this Agreement due to events beyond its reasonable control, including but not limited to:

• Natural disasters (fires, floods, earthquakes, hurricanes).
• Internet, power, or server failures affecting course accessibility.
• Cybersecurity attacks or hacking incidents.
• Acts of war, terrorism, pandemics, government restrictions, or labor strikes.
• Any other event deemed a force majeure event under applicable law.

If such an event occurs, KPERFORM™ shall make reasonable efforts to restore course access as soon as possible but shall not be required to issue refunds or provide alternative services.

1. Acceptance of Terms

By purchasing, accessing, or using this course, the user acknowledges and agrees to these Terms & Conditions.

⚠ IMPORTANT NOTICE – PLEASE READ & AGREE BEFORE CONTINUING ⚠

This course, BBV with the ABCs, contains physical exercises, vocal techniques, and interactive challenges that may involve:
✔ Strength & conditioning movements
✔ Controlled breathing & vocal exercises
✔ Flashing lights, strobe effects, rapid text animations
✔ Background music & sound effects

By proceeding, you acknowledge and agree to the following:

• I understand that participation in this course is voluntary and at my own risk.
• I acknowledge that this course is for educational purposes only and is not a substitute for professional medical, fitness, or mental health advice.
• I confirm that I do not have any medical, cognitive, or sensory conditions that could be adversely affected by this course, or I have consulted a medical professional before participating.
• I understand that if I experience dizziness, discomfort, disorientation, or other adverse effects, I should stop immediately and seek medical attention if necessary.
• I acknowledge that KM BBV Holdings, LLC d/b/a KPERFORM™ is not liable for any injuries, health complications, or other effects resulting from my participation.

✅ checking below you agreed you read and understand the Health & Sensory Disclaimer. You voluntarily accept all risks and agree to these terms.