These Terms of Service (“Terms”) apply to all services provided by the body collective (“body collective,” “we,” “us,” “our”) and all websites, portals, and pages owned or operated by the body collective, including those accessible through the domain and subdomains: www.the-body-collective.com (collectively, the “Service”).

Please read the following terms very carefully prior to using the Service. By downloading and accessing or using our service, you agree that you have read and understood. As a condition to use of service you agree to be bound by the following terms and conditions. If you don’t agree to the terms then you do not have our permission to use the service. Your use of the service of the body collective and the service provided to you constitutes an agreement by the body collective and you to be bound by these terms.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES AN AGREEMENT TO ARBITRATE DISPUTES, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. PLEASE READ ALL THESE PROVISIONS BEFORE USING THE SERVICE.

Modification to the Services and Prices:

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of the Service.

Ownership:

As between you and us, we own the intellectual property rights to the Service’s contents, including, but not limited to, the text, graphics, and images on this Service.

The contents of the Service may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove, alter, or cause to be removed or altered, any copyright, trademark, service mark, or any other proprietary notice or legend appearing on any of the Service or any of its contents. We retain all rights, title, and interests in the Service’s contents unless expressly stated otherwise.

We collect and use personal information from individuals who use the Service. For more information about our use of personal information, please see our Privacy Policy.

Memberships: The monthly memberships on our online platform, as well as in our studio, are charged on a monthly basis and has automatic recurring payments. If you activate a membership, you are authorizing the body collective to charge your card on a monthly basis until you cancel. The subscription will continue until you cancel it. You will be charged the amount agreed upon in your Membership Purchase Agreement on the same day of each month. If you sign up online or through our app, you may cancel your membership online, through our app, or by emailing hi@the-body-collective.com with at least 7 days’ notice. If you purchase your membership over the phone or in person at the studio, you must request your cancellation at least 7 days’ in advance through emailing hi@the-body-collective.com.

Credits: Credit packages are all final sale and non-refundable.

Dispute Resolution:

General. In the interest of resolving disputes in the more expedient and cost effective manner, you and the body collective agree that any dispute arising out of or in any way related to these Terms, your relationship with the body collective, or any goods or services offered or provided by the body collective, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms, will be resolved by binding arbitration. Arbitration is less formal than lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE BODY COLLECTIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THAT THESE TERMS ARE SUBJECT TO AND GOVERNED BY THE CALIFORNIA ARBITRATION ACT.

Exceptions: Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) seek injunctive relief from a court of competent jurisdiction; or (c) to file a suit in a court of law to address an intellectual property infringement claim.

Arbitrator: Any Arbitration between you and the body collective will be governed by the California Arbitration Act and the JAMS Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), and will be administered by JAMS. The JAMS Rules and filing forms are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice: Process. A party who intends to seek arbitration must first send a written notice to the other party by U.S. Mail (“Notice”). The body collective address for Notice is set forth below in the “Contact” section. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement within thirty (30) days after the Notice is received, you or the body collective may commence an arbitration proceeding.

Fees: Each party shall pay its pro rata share of JAMS fees and expenses set forth in the JAMS fee schedule, unless the parties agree on a different allocation of fees and expenses. If the action qualifies as a consumer arbitration, the JAMS Policy on Consumer Arbitrations shall apply.

Conduct of Arbitration: Any arbitration hearing will take place at a JAMS office in Orange County, California. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award.

No Class Actions: YOU AND THE BODY COLLECTIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the body collective agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Governing Law:

These Terms are governed by and construed in accordance with the laws of the State of California without giving effects to any choice or conflict of law provision or rule. Any action against the body collective that is not subject to mandatory arbitration, as set forth above, shall be subjects to the exclusive jurisdiction of the state and federal courts located in Orange County, California.

Disclaimer:

THE SERVICE AND ALL INFORMATION, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS.” THE BODY COLLECTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE. THE BODY COLLECTIVE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF (I) MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

You should be aware that there are health risks to exercise including risk of injury. By participating in any of our exercise classes, you further acknowledge and agree that any and all activities offered through the body collective both in studio and online are at your own risk and that the body collective will not be held liable for any physical or mental injury or illness that may result. We recommend that you seek guidance from a medical doctor or heath care professional if you have any preexisting conditions or injuries.

Indemnification:

You agree to defend, indemnify, and hold harmless the body collective, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses relating to or arising from (i) your use of the Service, (ii) your violation of the Terms, (iii) your violation of any third party rights relating to or arising out of your use of the Service, or (iv) your violation of any law or regulation relating to, or arising out of, your use or of access to the Service.

Limitation of Liability:

THE BODY COLLECTIVE AND ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

WITHOUT LIMITING THE FOREGOING, YOU ARE AGREE THAT THE BODY COLLECTIVE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF THE BODY COLLECTIVE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RELATING TO YOUR USE OF THE SERVICE WILL BE THE SUM OF ALL AMOUNTS YOU PAID TO THE BODY COLLECTIVE IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE LOSS.

Contact:

the body collective

440 E 17th Street, Suite 5

Costa Mesa, CA. 92627

(949) 500-9194