These Terms of Service (the "Terms") are a binding agreement between you and Tiny Room Studios LLC, a California limited liability company doing business as Hit Club and Hit Studio ("Hit Studio," "we," "us"), governing your use of the Hit Studio trainer platform: the tools for recording movement and workout video, building and publishing workouts, hosting live sessions, and running a training club (together, the "Service"). By creating a Hit Studio account, signing in, or uploading content, you accept these Terms. If you do not agree, do not use the Service.
What changed in version 1.1. The company behind Hit Studio is named in full: Tiny Room Studios LLC, doing business as Hit Club and Hit Studio. Hit Club and Hit Studio are a standalone club with their own terms, at thehit.club. Nothing about the license you grant in section 2 changed, but because the contracting party is now stated precisely, every trainer accepts version 1.1 before continuing.
You must be at least 18 and able to form a binding contract. You are responsible for everything that happens under your account and for keeping your sign-in method (phone or email) secure. Account credentials are personal to you; a club you operate on the Service does not transfer without our written consent.
"Trainer Content" means everything you upload, record, stream, or create on the Service — video, audio, images, workout structures, text, and your name, voice, and likeness as they appear in that material.
You keep ownership of your Trainer Content. But so the Service can operate, and in exchange for the platform we provide, you grant us the following license — read it, because it is broad:
License grant. You grant Hit Studio a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable license to host, store, reproduce, distribute, publicly display, publicly perform, transmit, modify, adapt, translate, excerpt, and create derivative works from your Trainer Content, and to use it commercially in any manner and in any media, whether now known or later developed — including redistributing it, licensing or selling it or works derived from it, using it in marketing, and using it to train, fine-tune, evaluate, or otherwise develop machine-learning and artificial-intelligence systems, including systems that generate content informed by or derived from your Trainer Content. This license includes use of your name, voice, image, and likeness as they appear in the Trainer Content, and survives termination of your account. To the fullest extent permitted by law, you waive any moral rights or rights of attribution and integrity in the Trainer Content as used under this license.
You represent and warrant that you own or control all rights in your Trainer Content (including music, third-party footage, and the likeness of any person appearing in it), that you have obtained every consent and release needed for us to use it as licensed above, and that its use under this license will not infringe or violate the rights of any third party.
The Service is provided as a platform. We do not supervise your training, certify your qualifications, or verify your programming. You are solely responsible for the safety, accuracy, and legality of the instruction you deliver, for holding whatever certifications and insurance your jurisdiction or profession requires, and for your relationships with your clients.
Physical exercise carries inherent risk of injury. As between you and us, you assume all risk arising from workouts you design, record, or deliver, and you are responsible for communicating appropriate warnings, scaling, and contraindications to your clients. Nothing on the Service is medical advice.
Payments to and from trainers are processed by third-party processors (currently Stripe) under their own terms. We may change processors, fees, or payout schedules on notice. You are responsible for your own taxes. Nothing is sold inside the Hit Studio iOS app: your payouts are money moving to you rather than a purchase, they are arranged on the web, and if anything is ever sold to you inside the iOS app it will run through Apple In-App Purchase.
We respond to notices of alleged copyright infringement sent to info@therecording.club, the mailbox Tiny Room Studios LLC monitors for legal notices. Repeat infringers' accounts will be terminated.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT CONTENT WILL BE PRESERVED; KEEP YOUR OWN COPIES.
TO THE FULLEST EXTENT PERMITTED BY LAW: (a) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS CAPPED AT THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You will defend, indemnify, and hold harmless Hit Studio and its officers, directors, employees, and agents from any claim, damage, liability, and expense (including reasonable attorneys' fees) arising out of your Trainer Content, your training services, your violation of these Terms, or your violation of any law or third-party right.
Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS in Los Angeles County, California, under its Streamlined Rules, and not in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for intellectual-property misuse. You and we each waive the right to a jury trial and to participate in a class action. You may opt out of this arbitration provision by emailing info@therecording.club within 30 days of first accepting these Terms.
You may stop using the Service at any time. We may suspend or terminate access at any time for violation of these Terms or risk to the Service. Sections 2, 4, and 8–13 survive termination.
These Terms are governed by California law, without regard to conflicts rules. We may update these Terms; material changes will be posted with a new version number and effective date, and continued use after the effective date is acceptance. If any provision is unenforceable, the rest remain in effect. These Terms are the entire agreement about the Service and supersede any prior statements, including anything on the Service that suggests otherwise.