TERMS OF SERVICE AGREEMENT
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF JANUARY 1, 2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with The Barre + Yoga Experience LLC and The Barre + Yoga Experience LLC II also known as BYE, located at 259 Putnam Pike, Smithfield, Rhode Island 02917 and 84 Taunton Street, Plainville Massachusetts 02762 and our subsidiaries and affiliates, in association with the use of the BYE website, which includes thebarreandyogaexperience.com, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website service website which has the following description: Purchase of BYE classes, booking of BYE classes, cancel booking of BYE classes, registration for classes, purchase of merchandise, communication with BYE, and use of and attendance at BYE's studios. Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual register's for our Services, through the process of creating an account, the user shall then be considered a "member." The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of The Barre + Yoga Experience LLC. At its discretion, The Barre + Yoga Experience LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. The Barre + Yoga Experience LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that The Barre + Yoga Experience LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith. Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such The Barre + Yoga Experience LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings. REGISTRATION To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving BYE's Services under the laws and statutes of the United States or other applicable jurisdiction. When you register, BYE may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with BYE and sign in to our Services, you are no longer anonymous to us. Furthermore, the registering party hereby acknowledges, understands and agrees to: a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, The Barre + Yoga Experience LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of The Barre + Yoga Experience LLC Services, or any portion thereof. It is The Barre + Yoga Experience LLC's priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the BYE website platform Services must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify The Barre + Yoga Experience LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. The Barre + Yoga Experience LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the BYE Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by BYE. Furthermore, you herein agree not to make use of The Barre + Yoga Experience LLC's Services for the purpose of: uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; b) causing harm to minors in any manner whatsoever; c) impersonating any individual or entity, including, but not limited to, any BYE officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with; e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose; h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions; j) interfering with or disrupting any The Barre + Yoga Experience LLCServices, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act; m) "stalking" or with the intent to otherwise harass another individual; and/or n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. The Barre + Yoga Experience LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members. The Barre + Yoga Experience LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: a) compliance with any legal process; b) enforcement of the TOS; c) responding to any claim that therein contained content is in violation of the rights of any third party; d) responding to requests for customer service; or e) protecting the rights, property or the personal safety of The Barre + Yoga Experience LLC, its visitors, users and members, including the general public. The Barre + Yoga Experience LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by The Barre + Yoga Experience LLC or any other content providers supplying content services to The Barre + Yoga Experience LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you: a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
The Barre + Yoga Experience LLC shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for The Barre + Yoga Experience LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable: a) The content submitted or made available for inclusion on the publicly accessible areas of The Barre + Yoga Experience LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of The Barre + Yoga Experience LLC's sites, and shall terminate at such time when you elect to discontinue your membership. b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of The Barre + Yoga Experience LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of The Barre + Yoga Experience LLC's sites and shall terminate at such time when you elect to discontinue your membership. c) For any other content submitted or made available for inclusion on the publicly accessible areas of The Barre + Yoga Experience LLC's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed "publicly accessible" areas of The Barre + Yoga Experience LLC's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
The Barre + Yoga Experience LLC provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that: a) your contributions do not contain any type of confidential or proprietary information; b) BYE shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; c) BYE shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; d) the contributor's Contributions shall automatically become the sole property of BYE; and e) BYE is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to insure and hold The Barre + Yoga Experience LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of BYE Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to BYE's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that The Barre + Yoga Experience LLC may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by The Barre + Yoga Experience LLC, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on The Barre + Yoga Experience LLC's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that The Barre + Yoga Experience LLC has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, The Barre + Yoga Experience LLC shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
The Barre + Yoga Experience LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of thebarreandyogaexperience.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to firstname.lastname@example.org. As a member, you agree that The Barre + Yoga Experience LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline; b) by way of requests from law enforcement or any other governmental agencies; c) the discontinuance, alteration and/or material modification to our Services, or any part thereof; d) unexpected technical or security issues and/or problems; e) any extended periods of inactivity; f) any engagement by you in any fraudulent or illegal activities; and/or g) the nonpayment of any associated fees that may be owed by you in connection with your thebarreandyogaexperience.com account Services. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with thebarreandyogaexperience.com shall include any and/or all of the following: a) the removal of any access to all or part of the Services offered within thebarreandyogaexperience.com; b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that The Barre + Yoga Experience LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either The Barre + Yoga Experience LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that The Barre + Yoga Experience LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that The Barre + Yoga Experience LLC's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by The Barre + Yoga Experience LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on The Barre + Yoga Experience LLC Services (e.g. Content or Software), in whole or part. The Barre + Yoga Experience LLC herein has granted you personal, non-transferable and nonexclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by The Barre + Yoga Experience LLC for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF THE BARRE + YOGA EXPERIENCE LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. THE BARRE + YOGA EXPERIENCE LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) THE BARRE + YOGA EXPERIENCE LLCAND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THE BARRE + YOGA EXPERIENCE LLCSERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE BARRE + YOGA EXPERIENCE LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE THE BARRE + YOGA EXPERIENCE LLCSERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE BARRE + YOGA EXPERIENCE LLCSERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM THE BARRE + YOGA EXPERIENCE LLCOR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE BARRE + YOGA EXPERIENCE LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release The Barre + Yoga Experience LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. The Barre + Yoga Experience LLC's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. The Barre + Yoga Experience LLC and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIRD PARTY BENEFICIARIES You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
The Barre + Yoga Experience LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the The Barre + Yoga Experience LLC trademarks, copyright, trade name, service marks, and other The Barre + Yoga Experience LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of The Barre + Yoga Experience LLC. You herein agree not to display and/or use in any manner the The Barre + Yoga Experience LLC logo or marks without obtaining The Barre + Yoga Experience LLC's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
The Barre + Yoga Experience LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, The Barre + Yoga Experience LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) Your physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf. The The Barre + Yoga Experience LLCAgent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: The Barre + Yoga Experience LLC Attn: Copyright Agent 259 Putnam Pike Smithfield, Rhode Island 02917 Telephone: 401-757-0406 Email: email@example.com
Be it known, that The Barre + Yoga Experience LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at thebarreandyogaexperience.com.
GENERAL INFORMATION ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and The Barre + Yoga Experience LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to The Barre + Yoga Experience LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other The Barre + Yoga Experience LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and The Barre + Yoga Experience LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Rhode Island without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and The Barre + Yoga Experience LLC, shall be filed within the courts having jurisdiction within the County of Providence, Rhode Island or the U.S. District Court located in said state. You and The Barre + Yoga Experience LLC agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should The Barre + Yoga Experience LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 3 years after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to The Barre + Yoga Experience LLC as follows: Mailing Address: The Barre + Yoga Experience LLC 259 Putnam Pike Smithfield, Rhode Island 02917 Telephone: 401-757-0406 Email: firstname.lastname@example.org
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time The Barre + Yoga Experience LLC decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.
This Policy applies to The Barre + Yoga Experience LLC and any subsidiary company listed below, and it governs any and all data collection and usage by us. Through the use of thebarreandyogaexperience.com and any subsidiary website listed below, you are therefore consenting to the data collection procedures expressed in this Policy.
Subsidiary Company: The Barre + Yoga Experience LLC II
Specifically, this Policy will inform you of the following:
1. What personally identifiable information is collected from you through our website;
2. Why we collect personally identifiable information and the legal basis for such collection;
3. How we use the collected information and with whom it may be shared;
4. What choices are available to you regarding the use of your data; and
5. The security procedures in place to protect the misuse of your information.
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as:
· Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested.
· Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
In addition, The Barre + Yoga Experience LLC may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.
The Barre + Yoga Experience LLC may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public.
Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy.
Why We Collect Information and For How Long
We are collecting your data for several reasons:
· To better understand your needs and provide you with the services you have requested;
· To fulfill our legitimate interest in improving our services and products;
· To send you promotional emails containing information we think you may like when we have your consent to do so;
· To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;
· To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.
Use of Information Collected
The Barre + Yoga Experience LLC does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.
The Barre + Yoga Experience LLC may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from thebarreandyogaexperience.com and its subsidiaries.
The Barre + Yoga Experience LLC and its subsidiaries may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
The Barre + Yoga Experience LLC uses various third-party social media features including but not limited to @thebarreandyogaexperience and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within The Barre + Yoga Experience LLC's control.
Disclosure of Information
The Barre + Yoga Experience LLC may not use or disclose the information provided by you except under the following circumstances:
· as necessary to provide services or products you have ordered;
· in other ways described in this Policy or to which you have otherwise consented;
· in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
· as required by law, or in response to a subpoena or search warrant;
· to outside auditors who have agreed to keep the information confidential;
· as necessary to enforce the Terms of Service;
· as necessary to maintain, safeguard and preserve all the rights and property of The Barre + Yoga Experience LLC. \
The Barre + Yoga Experience LLC greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in The Barre + Yoga Experience LLC products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.
Children under the age of 13
The Barre + Yoga Experience LLC's website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to email@example.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. The Barre + Yoga Experience LLC will continue to adhere to this Policy with respect to any personal information previously collected.
Links to Other Websites
Notice to European Union Users
The Barre + Yoga Experience LLC's operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.
Your Rights as a Data Subject
Under the regulations of the General Data Protection Regulation ("GDPR") of the EU you have certain rights as a Data Subject. These rights are as follows:
· The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.
· The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to firstname.lastname@example.org.
· The right to rectification: this means that if you believe some of the date, we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us, or by sending us an email with your request.
· The right to erasure: this means you can request that the information we hold be deleted, and we will comply unless we have a compelling reason not to, in which case you will be informed of same. You can do this by sending an email to email@example.com.
· The right to restrict processing: this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to firstname.lastname@example.org.
· The right of data portability: this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at email@example.com.
· The right to object: this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an email to firstname.lastname@example.org.
In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below or visit our website at thebarreandyogaexperience.com.
The Barre + Yoga Experience LLC takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information. In addition, The Barre + Yoga Experience LLC is a licensee of TRUSTe. The website is also secured by VeriSign.
Acceptance of Terms
How to Contact Us
12 Month Autopay Membership Agreement
The Barre + Yoga Experience LLC (BYE) gives clients the choice to purchase a recurring monthly unlimited VIP membership at a discounted rate (the “Membership”), in exchange for the client’s agreement to be bound by the terms and conditions of this contractual agreement (the “Agreement”) for a term of up to twelve (12) months (the “Term”). With this purchase, I, <CLIENTNAME> (the “Member”), acknowledge my intent to be bound under this Agreement and accept the following conditions:
CONSUMER'S RIGHT TO CANCELLATION: You may cancel with contract without any penalty or obligation within three (3) business days of the date of the first Billing Date. Written notice of your cancellation shall be delivered in person at The Barre + Yoga Experience or postmarked WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT.
ADDITIONAL RIGHTS TO CANCELLATION: You or your estate may also cancel this contract for any of the following reasons: (1) written order from a licensed physician stating that you cannot physically or medically participate in the servicAYMENT: I authorize The Barre + Yoga Experience LLC to charge each month, <FIRSTPAYMENTTOTAL> (the “Monthly Amount”) to my stored credit card ending in <LASTFOURDIGITS>, beginning on the date of agreement and continuing monthly on or around the same day of the month (the “Billing Date”) throughout the stated term, unless I elect to cancel my Membership prior to the expiration period of twelve (12) months pursuant to the cancellation policies provided. I confirm that I am the holder and authorized user of the stored credit card which will be charged monthly and I understand that if my credit card fails to authorize a payment for any reason, I will be notified and be given twenty-four (24) hours to provide a valid replacement credit card. If a replacement credit card is not received as stated, I understand that my Membership will be suspended and that I will incur a ten ($10) dollar late fee for each additional day a payment is not received.
MEMBERSHIP FREEZE: This Membership gives the Member the flexibility to freeze his/her Membership at any time, at no additional cost to the Member, in thirty (30) day increments, not to exceed three (3) months total in a calendar year. All freezes are activated at the start of the Member’s next billing cycle. Freeze can be requested via email to email@example.com (3) days prior to the Member’s next scheduled Billing Date for the request to be processed and effective for the following month. At the end of the requested freeze period, the Member’s Monthly Payment will automatically be reactivated. I understand and acknowledge that I cannot cancel my membership while my account is on hold and the duration of this contract will be extended to reflect the full length of any freeze. Any cancellation notice provided to TB+YE while an account is frozen will be considered effective as of thirty (30) days from your return date.
CANCELLATION: I understand and acknowledge that I can cancel my Membership prior to the expiration of the Term, however I agree and acknowledge that I am committed to making to a minimum of six (6) payments of the Monthly Amount, with no exceptions. I understand that a termination fee in the amount of two hundred ninety-five ($295) dollars will apply without exception to any cancellation that is made prior to the expiration of the Term and the fee will be charged to my credit card immediately upon termination along with any additional monthly payments which may be required at the time of termination. I understand and agree that if I am scheduled to be billed within thirty (30) days of the receipt of cancellation, I will be charged one additional time following my cancellation notice. (For example, if I wish to cancel for the month of February and my next Billing Date is February 1, I must provide written notice of cancellation to BYE prior to or on January 1.) I understand and agree that upon completion of the Term, my Membership will automatically renew on a month-to-month basis, and I understand that this Membership will remain active unless I otherwise cancel it as provided herein. I understand and expressly agree that under any and all circumstances, Cancellation must be done via email to firstname.lastname@example.org, at least thirty (30) days prior to my billing date. I understand and acknowledge TB+YE cannot backdate a cancellation for any reason.
es due to significant physical or medical disability for a period in excess of three (3) months; (2) death of Member (3) if the services to be provided under this contract are not available due to TB+YE permanently discontinuing operation or substantially changes the operation of the studio or (4) if you move either your residence or your place of employment more than twenty-five (25) miles from The Barre + Yoga Experience located at 259 Putnam Pike Smithfield, RI 02917 and can provide written documentation providing proof such as a deed, lease, utility bill, or pay stub. Should you be in any of the situations specified above, you may cancel this Agreement and all future billings without penalty. With respect to the reasons for cancellation above and all other purposes of this Agreement, The Barre + Yoga Experience shall not be deemed out of business if temporarily closed for repair and/or renovation of the premises: (i) Upon sale, for not more than fourteen (14) consecutive days; or (ii) During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year.
MEMBER WARRANTIES & REPRESENTATIONS: I understand and acknowledge that I am not guaranteed a spot in any TB+YE class as a result of this Agreement and the only way to guarantee myself a spot in a class is by reserving online using MINDBODY. I understand that TB+YE has the right to cancel classes as necessary and to temporarily close the studio if needed for reasons including but not limited to major holidays, repairs, inclement weather, etc. and I understand that such a cancellation or closed business day does not result in a credit to me or an extension of my Membership. I understand and acknowledge that this Agreement is not assignable or transferrable and that none of the rights or privileges granted to me herein can be transferred or assigned. I further acknowledge and agree to abide by all studio policies, including but not limited to the class cancellation policy, that are presently in force or may be prescribed in the future, for use of the facilities, premises, and equipment and that TB+YE reserves the right to revoke my Membership should I fail to adhere to such policies, or for reasons of nuisance, disturbance of other members or staff, moral turpitude or fraud. I further certify that I have had the opportunity to review a copy of TB+YE’s membership policies, at the time of or prior to executing this Agreement, and understand that TB+YE has reserved the right to modify such policies at any time and in its sole discretion. Without limiting its ability to terminate this Agreement for cause, TB+YE has expressly reserved the right to terminate this Agreement for any reason, or no reason, at the end of any given month.
NON-PAYMENT & LEGAL EFFECT: In the event that BYE must utilize any attorney or collection agency to enforce payment under this Agreement, I agree to pay any and all resulting charges incurred by TB+YE, including but not limited to court costs and attorney's fees.
UPON PURCHASING THE CONTRACT, THE MEMBER WARRANTS THAT HE/SHE HAS READ, UNDERSTANDS, AND KNOWINGLY ACCEPTS ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THE MEMBER UNDERSTANDS THAT THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN MEMBER AND THE BARRE + YOGA EXPERIENCE LLC AND THAT NO AGENT OR EMPLOYEE HAS MADE ANY REPRESENTATIONS OR PROMISES, (WRITTEN, ORALLY, OR OTHERWISE IMPLIED) UPON WHICH THE MEMBER HAS RELIED IN SIGNING THIS AGREEMENT. MEMBER WARRANTS THAT HE/SHE IS OVER THE AGE OF 18 AND HAS THE LEGAL AND MENTAL CAPACITY TO ENTER INTO THIS AGREEMENT. LASTLY, THE MEMBER WARRANTS THAT IT IS HIS/HER EXPRESS INTENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, IN CONSIDERATION FOR THE MEMBERSHIP RIGHTS AFFORDED HEREIN
Release and Waiver of Liability.
In consideration for the privilege of participation in Barre and Yoga classes, Health Programs, or Workshops (the “Programs”) offered by The Barre + Yoga Experience LLC hereby agree that:
1. I understand that there are inherent risks involved in the Programs, which are instructional rather than recreational in nature, including the risk of serious physical injury and death, and I fully assume all risks associated with the Programs, including, but not limited to: intensive physical activity and exertion; causation or aggravation of a physical injury or medical condition; lack of warnings or inadequate warnings; lack of instructions, inadequate instructions, or a failure to follow instructions; slipping from slippery surfaces such as mats or floors; equipment failure; and other physical risks associated with the instructional services provided by The Barre + Yoga Experience LLC in connection with the Programs. I am fully aware of and accept the risks and hazards involved, and agree to assume full responsibility for any risks, conditions, injuries, or damages, known or unknown, which I might incur or aggravate as a result of my participation in the Programs and use of any equipment provided by The Barre + Yoga Experience LLC.
2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Programs, and to receive prior approval to participate. I represent and warrant that I am physically fit and have no medical condition or injury that would prevent my full participation in the Programs. I understand that The Barre + Yoga Experience LLC’s willingness to allow me to participate in the Programs is conditioned on this representation.
3. I understand that it is my continuing responsibility to inform The Barre + Yoga Experience LLC of any previous or existing medical conditions, injuries, or surgeries prior to my first participation in the Programs, and at such other times as I acquire information with respect to any previous or existing medical conditions, injuries, or surgeries. I understand that it is my responsibility to consult with a Physician if I am pregnant or may be pregnant and obtain approval of participation prior to attending.
4. On behalf of myself and my heirs, assigns, successors, executors, administrators, and legal representatives, I hereby release and agree that I will not assert any claims against The Barre + Yoga Experience LLC, its affiliates, officers, directors, agents, or employees, or against the landlord of any premises at which The Barre + Yoga Experience LLC may operate, arising from or in connection with any personal injury or property damage sustained by me in connection with the Programs. This release expressly includes, but is not limited to, any claims for negligence, including negligent maintenance of any The Barre + Yoga Experience LLC facility.
5. On behalf of myself and my heirs, assigns, successors, executors, administrators, and legal representatives, I hereby agree that I will defend, indemnify, and hold harmless The Barre + Yoga Experience LLC, its affiliates, officers, directors, agents, or employees, as well as the landlord of any premises at which The Barre + Yoga Experience LLC may operate, from any and all claims, suits, or demands by anyone arising from my use of or presence in any The Barre + Yoga Experience LLC facilities, and/or my participation in the Programs. This indemnification obligation expressly includes, but is not limited to, any claims for negligence, including negligent maintenance of any The Barre + Yoga Experience LLC facility.
6. I understand that, except to request a monetary refund, I have no claim against The Barre + Yoga Experience LLC or the landlord of any premises at which The Barre + Yoga Experience LLC may operate by reason of their refusal to allow me to participate in the Programs.
7. I understand and agree to the late cancel and no-show policy and understand the fees involved. I must cancel my reservations 12 hours and 1 minute prior to class start time. 12 hours or less results in a “late cancel”. Not showing up to class after placing a reservation results in a “no show” I understand that The Barre + Yoga Experience LLC will auto-charge my credit card these fees via STRIPE online. There is no cancellation fee for virtual classes. a. Unlimited packages including new client specials:. Late Cancel: $10 fee; No Show: $20 fee b. Single classes and class packs: Late Cancel: Loss of Class; No Show: $20 fee
8. I am 18 years or older. I understand the legal consequences of signing this document, including (a) releasing The Barre + Yoga Experience LLC and its landlord from all liability, (b) promising not to sue them, (c) and assuming all risks of participating in this activity, including travel to, from and during the activity. If under the age of 18 I understand that it is my responsibility to provide a parent or guardian signature to The Barre + Yoga Experience LLC prior to participating in the Programs. If under the age of 18 I am aware and agree that until age 18, the attendance of a heated class is not allowed.
9. I understand that I am responsible for my possessions and that The Barre + Yoga Experience LLC and its landlord are not liable for any lost or stolen items.
10. I release from liability, indemnify, and agree not to sue the parties designated therein in order to participate in the foregoing online activity.
11. I hereby grant permission to The Barre + Yoga Experience LLC, the rights of my image, in video or still, and of the likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area. Photographic, audio or video recordings may be used for ANY USE which may include but is not limited to: • Presentations; • Courses; • Online/Internet Videos; • Media; • News (Press); I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. This release applies to photographic, audio or video recordings collected as part of the “Programs”.
I acknowledge that I have read the foregoing Liability Release Waiver and understand its contents; that I am at least eighteen (18) years old and fully competent to give my consent; That I have been sufficiently informed of the risks involved and give my voluntary consent in signing it as my own free act and deed; that I give my voluntary consent in signing this Liability Release Waiver as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation
COVID-19 Safety Acknowledgement
The World Health Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets, the government has set recommendations, guidelines, and some prohibitions which The Barre + Yoga Experience and The Barre + Yoga Experience II, LLC. (the "Organizations") adheres to comply. Prior to attending class at any of The Barre + Yoga Experience LLC facilities.
I am aware of the existence of the risk on my physical appearance to the venue and my participation to the activity of the Organization that may cause injury or illness such as, but not limited to Influenza, MRSA, or COVID-19 that may lead to paralysis or death.
I have not experienced symptoms that of fever, fatigue, difficulty in breathing, or dry cough or exhibiting any other symptoms relating to COVID-19 or any communicable disease within the last 14 days.
I have not, nor any member(s) of my household, traveled by sea or by air, internationally within the past 30 days.
I did not, nor any member of my household, visit any area within the United States that was reported to be highly affected by COVID-19, in the last 30 days .
Following the pronouncements above I hereby declare the following:
I am fully and personally responsible for my own safety and actions while and during any participation and I recognize that I may be in any case be at risk of contracting COVID-19.
With full knowledge of the risks involved, I hereby release, waive, discharge the Organization, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by me related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19.
I agree to indemnify, defend and hold harmless the Organization from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to COVID-19
By attending classes,I acknowledge that I have read the foregoing Liability Release Waiver and understand its contents; that I am at least eighteen (18) years old and fully competent to give my consent; That I have been sufficiently informed of the risks involved and give my voluntary consent in signing it as my own free act and deed; that I give my voluntary consent in signing this Liability Release Waiver as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation.
This waiver will remain effective until laws and mandates relevant to COVID-19 are lifted.
Late Cancellation: All classes, in-studio and livestream, you can cancel 6 or more hours before class without penalty and the class will be credited back to your account. Within 6 hours of class, cancellations will result in the loss of the class. For unlimited pass holders, you will be charged a $10 late cancellation fee for cancelling within 6 hours of class or $20 for a no show. All members using a class pack or single class will lose their class credit for a late cancellation and be charged $20 for a no show. We have a 24 hour cancellation window for special events. The card on file will be charged 24 hours prior to the event, and we do not offer refunds. If the special event is free, late cancellation and no show fees do still apply.
Apparel & Merchandise can be returned within 30 days of purchase, with tags still attached.