Effective Date: September 18, 2017
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.
Use of the Service
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.
Bar Method reserves the right to change the terms, conditions, and notices under which the Sites are offered at any time, including but not limited to the charges associated with the use of the Services, provided that such changes to charges will occur only after the expiration of your current membership. Bar Method will make changes to this Agreement or other policies relating to your use of the Sites by posting an updated version of this Agreement or the other policies. You are responsible for regularly reviewing this Agreement and the policies. Your continued use of a Site or the Services after any change constitutes your consent to the change.
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.
No Sharing of Account Information
Your account is personal to you. You agree that you will not share your username and password with others. Excessive usage of the Sites will be assumed by Bar Method to be fraudulent use and your account will be immediately cancelled without a refund. You may not provide access to the Materials or the Services to any other person. Upon registration, you will choose a user name and personal password. You will be responsible for keeping your user name and password confidential. You agree to immediately notify us upon learning of any unauthorized use of your user name and password. Bar Method cannot and will not protect you from, or be responsible for, the unauthorized use of your user name and password. You will be responsible for all activities taken and charges incurred through the use of your user name and password, and any claims, liabilities, damages, losses and costs (including reasonable attorneys’ fees) resulting from the unauthorized use of your user name and password, except for unauthorized use of your user name and password directly resulting from the gross negligence or willful misconduct of Bar Method. You may not assign your rights under this Agreement to anyone.
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.
Free Trials and Automatic Renewals
Certain Services require that you purchase a membership in order to access them. You may start a membership for certain Bar Method Services with a free trial. You must provide a valid Payment Source at the time you register for a free trial. Bar Method will not bill you until the free trial has expired. You may only use a free trial once, and free trials may not be combined with any other offers. IF YOU DO NOT CANCEL YOUR MEMBERSHIP BEFORE THE EXPIRATION OF THE FREE TRIAL, BAR METHOD WILL AUTOMATICALLY BILL YOUR PAYMENT SOURCE FOR YOUR MEMBERSHIP ON A RECURRING BASIS FOR YOUR MEMBERSHIP UNTIL YOU CANCEL YOUR MEMBERSHIP. YOU WILL NOT RECEIVE A NOTICE THAT YOUR FREE TRIAL HAS ENDED. Memberships are billed monthly, semi-annually or annually depending on the membership option. All memberships are renewed automatically until cancelled pursuant to the terms of this Agreement. You may cancel your membership at any time as set forth under the heading Term and Termination below. There is no guarantee that the price made available to you for your membership is the lowest available, the historical lowest, or best price. You will be charged in accordance with the billing terms you have agreed to, as may be modified from time to time.
Term and Termination
You may cancel your membership at any time, for any reason, by following the instructions on the on your “My Account” page. You may cancel your membership at any time online by logging into to your account and on the “My Account” page and click the “Cancel” button under my subscriptions. Your account will stay active for the remaining time paid for by your latest payment. Example: If your last payment was on the 15th of the month and you cancel your account on the following 20th, your account will continue to be active until the 15th of the upcoming month. If you cancel a membership, you will enjoy member benefits until the end of your then-current commitment, following which your membership benefits will expire. However, in no event will you be eligible for a refund of any portion of the membership fees paid for the then-current membership commitment. Bar Method may terminate or suspend your membership in the Service at any time without notice if the Company believes that you have breached this Agreement. Bar Method is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your membership is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
No Unlawful or Prohibited Use
You agree not to: (a) modify or alter any part of the Sites or any Materials provided therein, (b) attempt to gain unauthorized access to the Sites, other members’ accounts or account information, or other computer systems, servers or networks connected to the Sites or any portion thereof, (c) upload commercial content on the Sites or use the Sites to solicit others to join or become members of any other commercial online service or other organization, (d) upload, post, e-mail or otherwise transmit any data to the Sites that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships, or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (e) use the Sites to harm minors in any way, (f) impersonate any person or entity, including a Bar Method representative, or otherwise misrepresent your affiliation with a person or entity, (g) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey the requirements, procedures, policies or regulations of networks connected to this Site, (h) collect or copy any product listings or products from the Sites, (i) intentionally or unintentionally violate any applicable local, state, national or international law, (j) provide inaccurate, incomplete, outdated or misleading registration information, or (k) use automated means, including spiders, robots, crawlers, data mining tools, or similar data gathering methods to download data from the Sites or otherwise access the Sites. You further agree to comply with all applicable laws, rules and regulations governing your use of the Site and the Services and access of any materials on the Sites.
Copyrighted and Trademarked Content
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.
Use of Communication Services
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.
Materials Provided To Bar Method Or Posted On The Sites
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.
Third Party Sites
The Sites may link to other websites that are owned by third parties. Bar Method does not control any third party website. Bar Method is not responsible for the content of any third party website, and makes no representations or warranties regarding the products, offerings or content of such websites. Before you use any third party website you should review the terms and policies of such websites. Bar Method shall not be responsible or liable, directly or indirectly, for any damages incurred by you in connection with your use of any third party website.
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:
- Your physical or electronic signature,
- Identification of the copyrighted work or works claimed to have been infringed,
- The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity,
- Your name, address, telephone number and email address,
- 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
- 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:
- Your physical or electronic signature,
- Identification of the removed material and where the material was located on the Sites,
- Your name, address, and telephone number,
- 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
- 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.
Termination and Access Restriction
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.
To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of California, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the use of the Sites. You hereby agree to defend, indemnify and hold Bar Method and the Third Party Providers harmless from, and you covenant not to sue Bar Method or the Third Party Providers for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from or related to (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of this Agreement, or (c) your use of the Sites, the Services or the Materials. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bar Method as a result of this Agreement or use of the Sites. Bar Method’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Bar Method’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Bar Method with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Bar Method with respect to the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bar Method with respect to the Sites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If you have any questions or comments about this Agreement or the Sites, please contact Bar Method.
Terms & Conditions for Online Live Stream Bar Method Classes
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.
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.