Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.barrysbootcamp.com ("the Site") operated by Barry's Bootcamp LLC ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.barrysbootcamp.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Barry's Bootcamp Services. You are only authorized to use the Barry's Bootcamp Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Barry's Bootcamp website and discontinue use of Barry's Bootcamp Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create a Barry's Bootcamp account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: As stated in the membership agreement, YOU MUST CANCEL CLASS 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. This includes switching time slots under the 12-hour notice time period. You may cancel class through our online system or by calling the applicable studio directly.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
MEMBERSHIP PACKAGES: Members who purchase ANY membership package (such as, but not limited to Academy, Flex Academy, HELLWEEK, MVP, Gold, Silver Monthly, Silver Weekly, Silver 20, or future promotional programs or membership packages) are subjected to a penalty charge (fee amount varies between individual studio locations) for either a late cancel or an absence should they not cancel their reservation within the allotted 12-hour window.
PERSONAL BELONGINGS: You agree that Barry's Bootcamp is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
STUDIO RULES AND REGULATIONS
- All classes, Academies, Flex Academies and membership packages are non-transferable and non-refundable. No exceptions.
- Put away all equipment at the end of class.
- Always bring treadmill to a complete stop before jumping off.
- Treadmill and floor spots are assigned through our reservation system.
- Do not put anything on the treadmills. (i.e. weights or equipment)
- Towels are required during class.
- No alternation between different Academies.
- Reserved classes must be changed or canceled prior to 12 hours before its scheduled time or it will be forfeited.
- Academies, Flex Academies, HELLWEEK, Gold, MVP, Silver Monthly, Silver Weekly, Silver 20, or other monthly and weekly membership packages (current or future) are subject to a penalty fee for a late cancel or absence.
- Students may not vary from instructed exercises.
- All injuries must be reported before each class.
- You should arrive at least 10 minutes prior to class. If you are not physically present and have not signed in within five minutes before the start of your scheduled class, your spot may be released to an individual on the waitlist.
LIMITATION OF LIABILITY
By signing your initial "Enlistee" contract and/or attending classes, events, activities, and other programs and using the Barry's Bootcamp studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Barry's Bootcamp workout program. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that Barry's Bootcamp strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by instructors and staff. In consideration of being allowed to participate in and access the Barry's Bootcamp classes and studio facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Barry's Bootcamp classes and studio facilities, (2) release, indemnify, and hold harmless Barry's Bootcamp, subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Barry's Bootcamp classes or Barry's Bootcamp studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Barry's Bootcamp's classes and studio facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Barry's Bootcamp classes and use of studio facilities, and should not be participating in any classes.
INTELLECTUAL PROPERTY AND TRADEMARKS
The content on the Barry's Bootcamp website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Barry's Bootcamp, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Barry's Bootcamp reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Barry's Bootcamp.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
"Barry's Bootcamp," "Barry's," and the "stripes" icon and other graphics, logos, wordmarks, and designs are trademarks of Barry's Bootcamp in the U.S. and/or other countries for which applications are pending. Barry's Bootcamp's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Barry's Bootcamp.
The Barry's Bootcamp Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Barry's Bootcamp via your mobile phone, (ii) the ability to receive and reply to Barry's Bootcamp messages, (iii) the ability to browse Barry's Bootcamp from your mobile phone and (iv) the ability to access certain Barry's Bootcamp features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Barry's Bootcamp and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by Barry's Bootcamp LLC.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, USA, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
These Terms of Service shall remain in full force and effect while you use the Barry's Bootcamp Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the "My Account" page or by contacting your local studio directly via phone or email. Barry's Bootcamp may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that Barry's Bootcamp charges fees for its services, and Barry's Bootcamp reserves the right to change its fees from time to time in its discretion. If Barry's Bootcamp terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Barry's Bootcamp immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
ENTIRE AGREEMENT; NO WAIVER
If you have any questions about these Terms of Service, the practices of Barry's Bootcamp or its services, or your dealings with this site, please contact us at:
14622 Ventura Blvd.
Sherman Oaks, CA 91403-3600
These Terms of Service have been updated and effective as of November 15, 2014.
We currently have studios in Southern California, Northern California, New York City, The Hamptons, Miami Beach, Nashville, Boston, London and Norway with more locations coming soon. Want a Barry's near you? Tell us where! Also be sure to check out our full line of merchandise and DVDs to get your sweat on at home.
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