TERMS OF SERVICE

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES INDIVIDUAL ARBITRATION AND YOU ARE NOT ALLOWED TO BRING YOUR CLAIMS IN COURT, OTHER THAN ON INDIVIDUAL BASIS IN SMALL CLAIMS COURT.  PLEASE SEE THE SECTION, “DISPUTE RESOLUTION”.

Please read the following Terms and Conditions (this “Agreement“), which applies to your use of all Bar Method websites, including barmethod.com, all subdomains, including without limitation baronline.barmethod.com, and mobile versions thereof (collectively, the “Sites“), and any applications, platforms, services, or technologies accessible on the Sites. The Sites are controlled owned and operated by Bar Method Media, Inc. (“Bar Method“), and this Agreement is a binding contract between you and Bar Method.

The services provided by the Sites (the “Services“) are made available for your personal, non-commercial use only. You may not use the Services to sell a product or service, to increase traffic to your business or for any other commercial reason.

You acknowledge that the participation in physical activity involves the risk of injury and/or death. You voluntarily assume any and all risks, known or unknown, associated with your use of the Services. The producers of the Services, content, its distributors, and the performers shall not be liable for any injury, health impairment, or accident befalling any viewer using any videos or Services, or any injury, health impairment, or accident that may befall any person utilizing techniques suggested in any of the Materials (as defined below). If you have any health related questions we suggest you consult with a physician or health and fitness expert before attempting any of the exercises that are illustrated in any of the Materials. You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. The Materials are not intended to be, or a substitute for, medical advice or treatment.

By signing up for and/or attending classes, events, activities, and other programs and using the Services of Bar Method and/or any of its affiliates, you expressly agree to release, indemnify, hold harmless and discharge, to the greatest extent permitted by law, the instructor and Bar Method and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents, contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties“) from any and all claims or causes of action, and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.

You must register to access certain content of the Sites and to use certain Services. The Sites are not directed at children under eighteen years of age, and by registering and providing information about yourself to Bar Method you represent that you are eighteen years of age or older and that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are not eighteen years old, please do not use the Sites. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites, and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bar Method reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.

By placing an order on the Sites, you authorize the Bar Method to charge your credit or debit card (“Payment Source“) utilized as the payment method to obtain the relevant funds. You represent and warrant that you have the legal right to use the Payment Source utilized in connection with any such order or other transactions. You agree that any purchase charge may occur several business days after your transaction(s) has occurred and after the date shown on your transaction receipt(s). Payments are nonrefundable and there will be no refunds or credits for partially used memberships.

The Sites and the Services contain copyrighted and trademarked material, including information, text, graphics, documents, images, sounds, trademarks, names, logos, multimedia audiovisual or multimedia content and all related software code (the “Materials“), owned by Bar Method or its third party licensors or agents (“Third Party Providers“). You may not obtain or attempt to obtain any copyrighted materials or information through any means not intentionally made available or provided for through the Sites. The Third Party Providers are intended beneficiaries of this Agreement and may enforce the terms of this Agreement against you. Your use of the Services and Sites does not allow you to infringe the rights of the owners of the Materials. Except as set forth herein, no license is expressly or impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of Bar Method, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names and logo featured on the Sites for which you do not have personal rights. Subject to the terms and conditions herein, Bar Method hereby grants you a limited, revocable, personal, non-sublicenseable, non-transferable, non-exclusive license to access and use the Sites and the Materials that you have been granted access for your limited and personal, non-commercial access and use for real-time viewing purposes only.

The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services“). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

Bar Method has no obligation to monitor the Communication Services. However, Bar Method reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Bar Method reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Bar Method reserves the right at all times, in its sole discretion, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Bar Method does not claim ownership of the materials you provide to Bar Method (including feedback and suggestions) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions“). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Bar Method permission to use your Submission in connection with the operation of their business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Bar Method is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Bar Method’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Bar Method respects the intellectual property of third parties, and we ask you do the same. You are responsible for ensuring that Submissions that you upload do not infringe any third party copyright. Bar Method will promptly remove Submissions in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws if properly notified that the materials infringe a third party’s copyright. To provide us with a notice, please e-mail us, using the information on the contact page of the Site, the following information:

1. Your physical or electronic signature,
2. Identification of the copyrighted work or works claimed to have been infringed,
3. The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity,
4. Your name, address, telephone number and email address,
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law, and
6. A statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright.

If you believe that your copyright has been infringed upon, please send us a DMCA notice. You may be liable for damages if you knowingly misrepresent that materials are infringing. If we remove any Submission by you, we will contact you using the contact information you have provided. If you have received a notice of material being taken down because of a claim, you may provide us with a counter notification in order to have material restored to the Sites pursuant to the DMCA:

1. Your physical or electronic signature,
2. Identification of the removed material and where the material was located on the Sites,
3. Your name, address, and telephone number,
4. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification, and
5. A statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Bar Method may be found, and that you will accept service of process from the person who provided the DMCA notification or an agent of such person.

We will forward any complete counter-notifications we receive to the person who submitted the original DMCA notice. If we do not receive notice that a lawsuit has been filed against you within ten (10) business days after we provide notice of your counter-notification, we will restore the removed material to the Sites.

Bar Method reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.

By accepting these Terms and Conditions you agree that you have read and understand and agree to comply in full with these terms and conditions.

The words “you” and “your” mean you and “Bar Method,” “Studio,” “we,” “our,” and “us” refer to The Bar Method Franchising, LLC d/b/a Bar Method, which owns and operates the Bar Method location identified above.

Assumption of Risk, Release, Waiver of Liability. Participating in live streamed or online fitness classes taught by The Bar Method Franchising, LLC (“Bar Method”) involves the risk of injury to you, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries or disease, to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities offered by Bar Method, you understand and voluntarily accept this risk and agree that Bar Method, its officers, directors, employees, affiliates, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, disease, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from any negligence of Bar Method or anyone on Bar Method’s behalf or anyone using the facilities whether related to exercise or not. Further, you understand and acknowledge that Bar Method does not manufacture fitness or other equipment and you understand and acknowledge that Bar Method is providing recreational services and may not be held liable for defective products. You further expressly agree that this Release of Liability and Assumption of Risk is intended to be as broad and inclusive as permitted by law, but does not release, discharge, or waive any claims arising from reckless or intentional acts.

Member’s Health Warranty. Member represents that he / she is in good health and has no disability, impairment, injury, disease, or ailment, preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. Member assumes full responsibility for his or her participation in Bar Method Live Stream classes. Physical examinations by Member’s physician are recommended for Members before commencing any exercise program, and especially for Members who are at risk, including but not limited to elderly or pregnant Members, or Members unaccustomed to physical exertion, or who have physical limitations, a history of high blood pressure, heart problems or other chronic illnesses, or Members who have a history of heart disease.

Medical Disclaimer. Member has been informed and acknowledges that Bar Method has made no claims as to medical results that can or may be obtained through use of any Bar Method classes. Bar Method has neither suggested nor will it suggest any medical treatment to Members. Only licensed medical professionals are qualified to give medical advice. Member is instructed not to act on the advice given by any Bar Method employee unless such advice has been verified by Member’s licensed professional physician. Member represents that there is no medical or physical condition that would preclude the use of Bar Method’s facilities and each Member further represents that he or she has not been instructed by any physician not to use Bar Method’s facility or any similar facility.

Limitations on Availability. It is to be expected that there may be occasional delays, especially during peak hours and Members may not always be able to attend exercise classes. The availability of classes are subject to demand and are available on a first-come first-served basis.

Rules, Regulations and Schedules. Member agrees to abide by the rules, regulations and schedules of Bar Method, which may be posted online or issued orally, and which may be amended from time to time at Bar Method’s sole discretion. At the sole discretion of Bar Method, Member’s participation in a Bar Live class may be revoked or suspended at any time if in the judgment of Bar Method (a) Member fails to observe the Rules and Regulations; (b) Member has otherwise behaved in a manner contrary to the best interests of Bar Method or any of Bar Method’s members or employees; (c) Member has instituted any type of legal action against Bar Method, including but not limited to civil actions, arbitrations and/or mediations; and/or (d) Bar Method has instituted any type of legal action including, but not limited to civil actions, arbitrations and/or mediations against Member.

Group Class Policies. Bar Method reserves the right to change the class schedule at any time including the addition or the deletion of classes, as well as changes in instructors, class times and length of classes. Bar Method reserves the right to change class policies when necessary and to require advanced reservations for heavily-attended classes.

Missed Classes. We require a minimum of one (1) hour notice of cancellation. If you do not cancel your reservation at least one (1) hour before the class you will not receive a refund nor can that missed class be applied to future classes.

Privacy Policy, Marketing, and Contact Consent. By accepting these terms and conditions, you verify that your correct mobile phone number is set forth above and that you consent to be contacted by Bar Method, its affiliates, and/or its franchisees and their authorized designees, through email, telephone, SMS text message, or by other means, some of which may be from an automated service, as well as any other communication described in our Privacy Policy, which can be found at: https://barmethod.com/privacy-policy. Your personal information will not be sold to any third parties. Bar Method will use this information to share upcoming events, specials, updates, and for other business purposes that Bar Method believes may be of interest to you. You also agree to the Terms and Conditions, Privacy Policy, and if you are a California resident, the Privacy Notice for California Residents, which can be found at: https://barmethod.com/ccpa.

On Camera Consent. If you choose to participate “On Camera” with respect to your appearance in Bar Method Bar Live Classes, you understand that your name, any interaction you may have with the instructor or the class via social media, and your image will be visible to the instructor and/or other class participants, and that the Bar Method may record the Bar Live class for future publication and media use. Therefore, you hereby represent and agree as follows:

A. You are over the age of eighteen and you consent to the use of your photographic and videotaped likeness, and or your voice in streamed or recorded Bar Live videos by the Bar Method.

B. You hereby authorize the Bar Method to use and reuse your name, photograph and/or video likeness, voice, biographical information and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed (including, but not limited to, film, video, and digital or other electronic media), including the sale, publication, display, advertising, and trade of the video, for whatever purposes the Bar Method deems necessary relating to the Bar Method’s business, and in connection with these matters you hereby release each of them from any and all liability associated therewith.

C. You waive the rights to inspect and approve the videos or any future videos and all other uses to which you/they may be applied.

Off Camera Consent. If you choose to participate “Off Camera” with respect to your appearance in Bar Method Bar Live Classes, you understand that your name and any interaction you may have with the instructor or the class via social media may be visible to the instructor and/or other class participants, and that the Bar Method may record the Bar Live class for future publication and media use.

Media Usage: Consent, Waiver, and Release. By accepting these terms and conditions you give your unconditional permission and authority for Bar Method (along with its affiliates, and their respective officers, directors, owners, employees and representatives), except where prohibited by law, to use your name, likeness, picture, voice, biographical information, and written or oral statements, acquired while you are participating in Bar Method activities for marketing and advertising purposes in promoting or publicizing the “Bar Method” brands and the systems connected therewith, and/or any other legitimate purposes of Bar Method, without compensation, unless required by law. You shall have no right of approval, no claim to compensation, and no claim arising out of any use or alteration of such materials.

You expressly agree that this release and the above consents are intended to be as broad and inclusive as permitted by applicable law. If any portion of the release from liability or the consents is deemed by an arbitrator or court of competent jurisdiction to be invalid, then the remainder of this agreement shall remain in full force and effect. This agreement applies to any person acting for you, on your behalf or acquiring rights through you including but not limited to your heirs, assigns, personal representatives, and any other next of kin. You understand that Bar Method is relying on this agreement in agreeing to allow your participation in the Bar Method activities.

a. Any dispute, controversy, or claim arising out of or relating to your relationship with Bar Method, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and expressly including any claims for violation of any state consumer protection act or the federal Telephonic Consumer Protection Act or any state or international law equivalents (collectively, “Claims”), shall be resolved by binding arbitration. The sole exception is that you and we retain the right to pursue in small claims court any Claim that is within that court's jurisdiction and proceeds on an individual basis. Aside from this sole exception, all other Claims must be resolved by binding arbitration pursuant to the terms set forth below.

b. The arbitration shall be administrated by the American Arbitration Association or its successor (“AAA”) in accordance with its Consumer Rules or any other applicable AAA rules. (The AAA’s Consumer Rules are available at https://www.adr.org/Rules). To the extent there is a conflict between this arbitration provision and the AAA’s Consumer Rules, the arbitration provision controls. In the event that the AAA is no longer in business, then the parties will attempt to agree on an alternative agency. If one cannot be agreed to, then the parties agree that a court of competent jurisdiction may select the arbitration agency for them. The arbitration shall be conducted before a single arbitrator. The arbitration will be conducted in a mutually agreeable location in your state of residence. The decision of the arbitrator shall be final and binding and may be entered as a judgment by any court of competent jurisdiction.

c. Before initiating an arbitration, you must first send, by certified mail or a nationally recognized courier service like Fedex or UPS, a written Notice of Dispute ("Notice") addressed to: Legal Department, 111 Weir Drive, Woodbury, MN 55125 ("Notice Address"). The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If the you and we do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you may commence an arbitration proceeding with the AAA by submitting the Notice of Dispute to the AAA and initiating the arbitration and sending a copy, by certified mail or courier service, of the initiated arbitration to the Notice Address. During the arbitration, other than informing the arbitrator that the Notice was properly provided, no information regarding any settlement offer made by either party shall be disclosed to the arbitrator. Unless prohibited by applicable law, any Claim must be submitted to us in a Notice of Dispute within one (1) year from the occurrence of the facts giving rise to such Claim.

d. If the AAA determines that your Claim is part of a filing of multiple or mass case filings, then you agree that the AAA Supplementary Rules for Multiple Case Filings apply and you further agree not to oppose any motion by us for an order requiring you to initially advance all filing fees and arbitrator costs. If you succeed on your Claim in any multiple or mass case filing, the arbitrator may award you costs in any amount that would place you in an equal position as you had been in if you filed your Claim individually.

e. Neither party shall pursue any class, collective, or representative claims. Unless the Supplementary Rules for Multiple Case Filings apply, the parties may not consolidate the arbitration with any other proceedings to which we are a party, except for an arbitration in which the parties to this agreement are the sole parties.

f. The arbitrator shall be entitled to award injunctive relief, if applicable, specific to you and to award damages. To the extent allowed by applicable law, the parties agree that neither party will be liable to the other (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) for any indirect, special, incidental, consequential, exemplary or punitive damages or for any form of damages other than direct damages. The arbitrator shall award attorney’s fees and costs, including the expenses of the arbitration, to the prevailing party if the arbitrator finds that the non-prevailing party asserted frivolous or bad faith defenses or claims.

g. Any award of the arbitrator shall have no preclusive effect in any future proceeding, except any future proceeding in which you and we are the sole parties.

h. The Federal Arbitration Act, applicable federal law, and the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern this agreement and any dispute, controversy, or claim of any sort that might arise between us.

i. The parties agree that the arbitration proceedings and results are confidential and, except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration conducted pursuant to this agreement without the prior written consent of the parties.

j. For the avoidance of doubt, this agreement applies to Claims involving any of Bar Method’s staff, agents, subsidiaries, affiliates, employees, board of directors, parents, franchisees, predecessors, successors, and assigns, each of which is an intended third-party beneficiary of this agreement. This agreement shall survive the termination of any other contractual or non-contractual relationship between us and you, including any membership relationship you may have with a franchisee.

k. With the exception of subparts (d) and (e) above (the class action waiver and mass action rules), if any part of this arbitration provision is held to be invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not in it. If, however, subpart (d) or (e) above (the class action waiver and mass action rules) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor us shall be entitled to arbitrate their dispute. If this agreement is found to be unenforceable on inapplicable for any reason, including because the class action waiver is found invalid, unenforceable, or illegal, then the sole and exclusive venue for the resolution of any Claim shall be the United States District Court for District of Minnesota or, if there is no federal jurisdiction over the action, in the courts of the State of Minnesota located in Minneapolis. Further, you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is determined not to be subject to the arbitration provision.