Barre & Soul® LLC Terms & Conditions
Please read these Terms and Conditions carefully before using this Website.
Terms & Conditions
Our Programs, Products, and Services are owned and operated by Barre & Soul, LLC (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.
These Terms & Conditions (“Terms & Conditions”) state how you may use our Program and Program Materials, and their content. Please read these Terms & Conditions carefully. We reserve the right to change these Terms & Conditions from time to time.
Use and Consent
By purchasing or using any of our Program you agree to abide by these Terms & Conditions as well as our website Terms of Use and Privacy Policy, and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using our Programs, Products, Services or Program Materials, in any manner constitutes use of the Program, Products, Services and Program Materials, and your agreement to be bound by these Terms & Conditions.
Our Programs is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Program by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms & Conditions. By accessing or using our Program you represent and warrant that you are at least 18 years old.
Release & Waiver
By purchasing or using our Program you agree that you understand that all forms of exercise involve some risk of injury and you accept complete sole responsibility for your health and well-being in this voluntary program.
The following guidelines and recommendations can help you reduce your risk:
Listen to and follow instructions carefully
Breathe smoothly and continuously as you move and stretch
Do not hold your breath or strain to attain any position
Please respect your body’s abilities and limits
Do not perform postures or movements that are painful
Pregnant women: it is required that you consult your health care provider before participating in a class
It is always advisable to consult your physician before embarking on any exercise program
If you have questions about the instruction, poses, movements, etc. please email teach@barreguild.com
You agree that you have carefully read and fully understand and agree to the foregoing statement and release:
I certify that I am at least 18 years of age. In consideration of my participation in Barre & Soul’s® Barre Guild Academy®, I, for myself, my heirs and assigns hereby knowingly and voluntarily release Barre & Soul, LLC, its owners, officers, employees, staff, instructors and agents from any liability now or in the future, if I experience any physical problems as a participant in Barre & Soul’s® Barre Guild Academy®, and I waive any right, actual or presumed, to bring a cause of action against Barre & Soul, LLC its owner(s), employees, and agents, if I have any physical problems as a participant, including, but not limited to, heart attacks, muscle strains, fractures, shin splints, musculoskeletal injuries, heat prostration, or any injury to myself and my unborn child unless caused by the direct negligence of Barre & Soul, LLC.
Intellectual Property Rights
Our Limited License to You. Our Programs, Products, and Services and all the Program Materials are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content of our Program is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms & Conditions.
You are being granted a limited revocable, non-transferable license for personal, non-commercial to use only Program, Products and Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service from our Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms & Conditions. You may not use our Program or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are permitted to use our Programs, Products, Services and Program Materials as follows:
You may download and/or print Program Materials for your own personal use in your business.
However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own business use.
Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
When you enroll in or purchase our Program you agree that you are clearly and expressly prohibited from doing the following:
You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Program or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Program or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.
You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You may not engage in improper and/or unauthorized use of our Program Materials or any other information related to our Programs, Products, or Services. Unless otherwise explicitly authorized in these Terms & Conditions, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Program or any other communications provided by us to you promoting or relating to the Programs, Products or Services.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Program or Program Materials as set forth in these Terms & Conditions is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Media Release
By participating in our Program and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services currently or in the future and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgment in using our Program and you agree that you are doing so at your own risk. Our Program is for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Program.
Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Program including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program participant or user, including you.
Medical Disclaimer. Our Program is not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Program is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Program or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Legal and Financial Disclaimer. Our Program are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Program is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Program. You are solely responsible for your results.
Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through our Program. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Indemnification, Limitation of Liability and Release of Claims
Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Program or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Program. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Program or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Program or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Communication Guidelines
If you have a question or concern about the Program you may send an e-mail to info@barresoul.com and we will do our best to reply to your question or concern promptly.
Purchases and Online Commerce
If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.
If you fail to make payment in a timely manner in accordance with these Terms & Conditions or voluntarily decide to withdraw from our Program at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.
All information obtained during your purchase or transaction for our Program and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Program for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Since we have a clear and explicit Refund Policy in these Terms & Conditions that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Website or Program (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Program and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
Yoga Teacher Training Refund Policy
Yoga Teacher Training tuition is refundable until the start date of the program. There are no refunds for cancellations on or past the start date; at which you are responsible for the full tuition. In the event our minimum number of participants to run the training is not met, you will be allowed to transfer tuition to a future Teacher Training or be refunded. These fees are otherwise non-transferable or refundable.
Termination
You have the right to terminate your use of or participation in our Program at any time by sending an e-mail to info@barresoul.com.
We reserve the right in our sole discretion to refuse or terminate your access to our Program in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Program including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Program at any time without notice and in our sole discretion.
All of the terms of this Terms & Conditions, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.
If any terms of these Terms & Conditions are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
If you have any questions about any term of these Terms & Conditions, please contact us
Updated: July 27, 2021