Terms of Service

BARRY’S TERMS OF SERVICE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF BARRY’S BOOTCAMP SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS THAT MAY LIMIT YOUR RIGHTS TO BRING AN ACTION IN COURT AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY AS DETAILED BELOW. THESE TERMS ALSO CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

Some terms may not apply to you, depending on where you are in the world, so please look out for any notices explaining terms that are relevant to particular countries only.

Last Updated: June 2024

Hey, guess what, like every other company around, we’ve got some rather detailed Terms of Service.

We know it’s a long page, and that’s because it’s broken up into chunks which detail different aspects of the Barry’s service. Essentially, what it says is that we do our best to provide you with a great service, governed by reasonable rules and expectations.

OK, so let’s start…

CONTENTS

Scope of Agreement
Accessing the Services
Accounts and Account Security
Authorized Use of Our Services and Prohibited Uses
Orders, Purchases and Refunds
General Policies, Rules and Regulations Governing Our Classes
Descriptions, Testimonials, Opinions, Reliance
User Content
Mobile Services
Termination & Survival
Third-Party Sites
Assignment
Fees
Non-Harassment Policy
Intellectual Property Rights
Feedback
Consent to Communications
Services Interruptions
Legal Disputes and Arbitration Agreement
Indemnification
Limitation of Liability
Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic
Entire Agreement, Severability and Waiver
Notifications
Updates to These Terms
Other Policies
International Users
Interpretation
Third Party Beneficiaries
Contacting Us

1. SCOPE OF AGREEMENT

Barry’s Bootcamp Holdings, LLC, (“Barry’s,” “us”, “we”, or “our”) provides fitness classes and related Products, Services, content and features through our websites to you (any reference to you, shall also include any customer classified as a minor whose guardian must accept and ensure compliance with these terms on their behalf):

https://www.barrys.com

https://www.barrys-x.com

https://www.shop.barrys.com (together, the “Sites”),

through our mobile applications (e.g., iOS and Android) (together, the “Apps”), and at our brick-and-mortar studios (collectively, with any other services, content, features or products that we provide that link to these Terms, (the “Services”).

These Terms of Service (the “Terms“) are an agreement between you and Barry’s that sets forth the legally binding terms and conditions for your use of the Services. By signing these Terms or continuing to use our Services, you agree that such use is legally sufficient consideration under these Terms. If you are enrolling or signing for a minor (14-18) years of age, or older if applicable in the minor’s jurisdiction of residence, the above applies equally to said minor.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information and to learn about our privacy practices.

By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Sites, downloading or using the App(s), attending classes in our studios or at home, or contributing content or other materials to the Sites or on or via the App(s) (as applicable), you acknowledge that you have read and understood this Agreement and you agree to be bound by these Terms. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms. Please read the Terms carefully and save a copy for your own records. If you do not agree with (or cannot comply with) these Terms, you should leave the Sites or App and discontinue use of the Services immediately; do not install, copy, or use the Service, software or any music, images, video, text, or other material available through the Service (“Content“).

While these Terms apply to you anytime you are using our Services, certain provisions of these terms will only apply to you when you are taking part in one of our exercise classes, either online or at a Studio (our “Classes”). For these terms please see the General Policies, Rules and Regulations Governing Participation in Our Classes section.

Independent Studios. Please note that some studios are operated by independent franchisees who are solely and independently responsible for their own legal and regulatory compliance, their relationship to you, and any classes or services offered at their studios (each, an “Independent Studio“). Any services utilized at or purchased directly from an Independent Studio are subject to such Independent Studio’s own rules and regulations and/or terms of service and are not Services, as contemplated under these Terms. When classes or services are purchased on our Sites or Apps for use at an Independent Studio, only sections 1, 3, 7-12, 15, 17-28 will apply, to the extent each is applicable.

We are committed to making our Services accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of our Services, please contact us.

2. ACCESSING THE SERVICES

To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

By using our Services, you represent that you are at least 14 years of age, and, if between the ages of 14 and 18, your parent or guardian has consented to the Terms and your use of the Services. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO A TEENAGER’S ACCESS TO AND USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. A minor 14 – 15 years of age may participate in classes only with a parent or legal guardian present and attending the class. Minors 16 – 17 years old may participate in classes without a parent or guardian, but the parent or guardian must agree to these Terms on their behalf. No one under 14 years of age may use the Services.

From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Sites, and App(s).

You agree to abide by the rules and policies established from time to time by Barry’s. Such rules and policies will be applied generally in a non-discriminatory manner to users of the Service and any related software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.

3. ACCOUNTS AND ACCOUNT SECURITY

In order to access some Services available on the Sites and App(s), you will have to create an account (“Account“). You may only have one active Account at any given time and may not allow other people to use your Account to access or use our Services. You may not use another person’s Account. We expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are solely responsible for the activity that occurs on your Account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

4. AUTHORIZED USE OF OUR SERVICES AND PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws, as may be relevant in the jurisdiction in which you receive the Services or reside.

In addition, we expect users of the Services to respect the rights and dignity of others.
You agree not to use the Services or Content, for any reason whatsoever:

For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation, as may be relevant in the jurisdiction in which you receive the Services or reside;
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.

Additionally, you agree not to, for any reason whatsoever:

Use the Services or Content for any commercial purpose;
Use the Services in any manner that could disable, overburden, damage, or impair the Sites or the Apps or any other party’s use of the Services;
Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Services any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
Post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services or Content;
Make available for sale or rent, or any other type of redistribution, any Content;
Use the Content or Services in any unlawful manner or in whole or in part for any unlawful purpose;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that we endorse any statement you make;
Disseminate or introduce through the Services any viruses, worms, spyware, trojan horses, logic bombs, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Services or tamper with any security components, usage rules or other protection measures applicable to the Service or Content;
Build a competitive product or service using the Services, build a product or service using similar ideas, features, functions, or graphics as the Services or determine whether the Services are within the scope of any patent;
Interfere in any manner with the operation or hosting of the Services or monitor the availability, performance, or functionality of the Services;
Assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of the Services;
Make any use of the Content that would infringe any copyright therein; or
Otherwise attempt to interfere with the proper working of the Services.

5. ORDERS, PURCHASES & REFUNDS

Our Sites or Services may allow you to purchase Products directly from us in the form of class packages, memberships, gift cards, apparel, exercise equipment, accessories, early bookings, smoothies, and other related services or goods (“Products“).

We may make improvements and/or changes to our Products, add new features, or terminate a Product at any time without notice. We also:

(a) reserve the right to change the Products advertised or offered for sale through our Services, the prices or specifications of such Products, and any promotional offers at any time without any notice or liability to you or any other person;

(b) cannot guarantee that our Products advertised or offered for sale through our Services will be available when ordered or thereafter;

(d) do not warrant that information on a Sites or Apps or provided at a studio (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and

(e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on our Sites or App is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Promo Codes and Discounts: We may offer promo codes, discounts, coupon codes, and/or other offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or used with subscription orders. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. Any such promo code, discount or other offer may be discontinued or voided at any time. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Sites.

Taxes: If we are legally required to collect sales tax on Products you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

Freezing membership: You can also freeze your membership for up to six months for an injury. If you wish, you can also freeze a membership if you are pregnant, for the duration of your pregnancy. We support you and when you are ready to come back to class postpartum, you can take it at your own pace. You know your body best and we are so impressed with our Mamas-to-be and new mamas in class.

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 AND YOU WILL NOT BE REFUNDED FOR THAT CLASS.

IF IT IS YOUR FIRST BARRY’S CLASS, YOU MUST BE PRESENT 15 MINUTES PRIOR TO THE START OF THE CLASS.

Membership Packages: Persons who purchase ANY membership package (such as, but not limited to, Star, Icon, Legend, Hero, HELLWEEK, MVP 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.

Membership packages can be canceled with a doctor’s order or a verified move out of the region where your membership is active, although documentation may be required in either case and we do not guarantee any such cancellation. We have the final say on whether to grant a cancellation of a membership package in our sole discretion.

Payment Processing: We may use Stripe, a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices. Stripe’s current terms of service may be found at https://stripe.com/legal.

Refunds, Returns, Exchanges and Cancellations:

Online Product Purchases: Unused Product(s) purchased on our Sites or Apps, with the exception of classes and membership packages, may be returned or exchanged within 30 days of purchase. In order for a Product to be eligible for return or exchange (an “Eligible Product“), Products must be unworn, unwashed and/or unused, as applicable, and must be returned in new condition.

Refunds: Eligible Product returned within seven (7) days of purchase will be eligible for a full refund, and you will receive credit to your original form of payment. If we are unable to credit that form of payment, your refund may not be completed and may contact you for new payment information or provide your refund in another way, such as store credit. For Eligible Product returned after 7 days of purchase, store credit will be issued. The store credit will be usable for up to 30 days.

Exchanges: Any Eligible Product returned within thirty (30) days of purchase may be exchanged for another item of equal or lesser value. If you are making an exchange, your desired item may not be in stock. New products that are in stock may not equate to an even exchange and there may be a price difference between the new product and the returned product. Any difference in pricing for an exchange will be placed back on the original method of payment if the exchange is made within seven (7) days of purchase. If we are unable to do so, your exchange may not be completed. We may contact you for new payment information or elect to issue store credit instead. If the exchange is made after seven (7) days of purchase, the difference will be issued as store credit, which shall be usable for 30 days.

No returns or exchanges will be provided without a receipt. Products are only eligible for a return or an exchange, not both. We reserve the right to only issue a refund, or require an exchange, in our sole discretion regardless of what the Sites may indicate. Refunds will not be issued for products that have not been purchased directly through the Sites.

Not all Products are available for return. Sales of the following items are final and not eligible for a return or exchange:

Sale merchandise (items that have been marked down and are included in the ” final few” section or included in any FLASH SALE.
Equipment (ie: dumbbells, bands, foam rollers, Barry’s Red Room Bench, Riser & Mat Kit, etc.)
PPE items (ie: masks, gloves, wipes, etc.)
Any other item that we mark as not eligible for return, such as exclusive items that have limited quantities.

To initiate a return or exchange of a product purchased online please contact [email protected].

Classes and Membership Packages: Classes and membership packages are non-refundable. We do not offer refunds on purchases for our classes and membership packages, beyond your statutory rights. We strongly urge you to be modest in your membership purchases, and to make sure you like us, can reach the venue, and like what we do before making any purchases.

Studio Refund Policy: Unused merchandise (Fully tagged with no stains) purchased at Barry’s studio locations will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued, which will be usable for up to 30 days. No returns will be provided without a receipt.

Cancellations: YOU MUST CANCEL A CLASS 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. This includes switching time slots, which must be done at least 12 hours in advance or you will be deducted the class. You may cancel class through our online system or by calling the applicable studio directly.

For Individuals Located In the European Union and in the United Kingdom (UK) – DIFFERENT RULES MAY APPLY: You are entitled to cancel any order made online for any Products or Services, without giving any reason, within 14 days from the day of the conclusion of the purchase, to the extent you have not used the Product or Services purchased, pursuant to applicable law. You must inform us of your decision to cancel your order. You may submit your request by contacting us at [email protected]. If your products are faulty or misdescribed, or there is an issue with any Service that we have provided to you, please contact us as soon as reasonably possible, and see below for more details.

Product returns (UK): In relation to Products, to meet the cancellation deadline if you have already received your order, you must return the Products to us within 14 days of telling us that you want to cancel your order. The deadline is met if you send the products back to us before the 14-day period has expired. We strongly recommend that you get proof of postage. We may withhold the refund until we have received the Products back from you or until you have provided us with evidence that you have sent the Products back (whichever is earlier).

Products must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. We may make a deduction from the refund amount if you have handled the Product in a way that has diminished the value of the product, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the products. You are responsible for the products while they are in your possession. Unless your products are faulty or misdescribed, you are responsible for the cost of returning the products to us. We will provide you with a full refund (including basic delivery charges) as soon as possible, to the same payment method you used when you placed your order.

Faulty Products (UK): The Products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply products that are in conformity with our contract with you.

During the expected lifespan of your product, you are entitled to the following:

Up to 30 days:	If your Product is faulty, you can get an immediate refund.
Up to six months:	If the Product cannot be repaired or replaced, then you are entitled to a full refund in most cases.
Up to six years:	If the Product does not last a reasonable length of time, you may be entitled to some money back.

This is a summary of some of your key rights. They are in addition to your cancellation rights set out above.

Services cancellation (UK): If you request for us to start providing Services during the 14-day cancellation period and we agree to do so, this will impact your cancellation rights as follows:

you lose your right to cancel once the Services are fully performed and will not be entitled to a refund even if the cancellation period has not expired; or
if the Services have not been fully performed, you will be required to pay for the Services we provided up to the time that you told us that you want to cancel.

We will provide you with a refund as soon as possible, and no later than 14 days after the day on which you told us that you want to cancel any Services, to the same payment method you used when you placed your order. If Services have been provided during the cancellation period at your request, we will make deductions from any refund due to you as explained above.

Faulty Services (UK): We must provide the Services to you with reasonable care and skill. If a Service is not carried out with reasonable care and skill, you can ask us to repeat the Service or to fix it, or get some money back if we cannot fix it.

For Individuals Located in Nassau County, New York: CONSUMERS’ RIGHT TO CANCELLATIONS. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN 3 DAYS FROM THE DATE OF PURCHASE. You may also cancel this contract for any of the following reasons: If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months. If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing. If you move your residence more than twenty-five miles from any Health Club operated by seller. If the services cease to be offered as stated in the contract. All moneys paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded within fifteen days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of Health Club services, any such negotiable instrument executed by the buyer shall also be returned within fifteen days.

Shipping & Exchanges:

Shipping fees vary by Service, your location and your selected shipping method. The fees can be found as calculated during the order completion process before checking out. Unless otherwise indicated, we are only able to ship to one shipping address per order. If you’d like to ship to multiple addresses, please place separate orders for each unique address. Most products may be shipped to a P.O. Box or Military APO/FPO addresses, but some restrictions apply. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If you order is returned for an invalid or incorrect address your order will be returned to stock and the order refunded less any shipping charges.

We are not liable for any lost shipments when USPS is selected as the shipping method.

Processing: Please allow for 2-3 Business Days for processing your order before it can be shipped (excluding weekends and holidays).

Fedex Ground: Some exclusions apply. The Barry’s Release Kit and all foam rollers must be shipped separately.

International Shipping: Please note that at this time we do not ship to the following countries: Germany, Denmark. With this premium shipping option, goods will be imported on behalf of the buyer and the Barry’s Shop buyer authorizes Barry’s to import goods on their behalf. Shipping, handling and any applicable sales taxes will be applied to the final purchase price of the goods at checkout.

Please note that not all of our Products are available internationally.

For questions or support with online purchases or returns, please contact [email protected]

6. GENERAL POLICIES, RULES AND REGULATIONS GOVERNING OUR CLASSES

Non-Recording of Studio/Online Classes Agreement: You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any Barry’s classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of Barry’s. Barry’s instructors are not authorized to provide consent. This includes even a temporary recording/ transmission of a Barry’s online class via online platforms such as SnapChat, Zoom, Facebook, or Instagram.

You are, however, permitted to record and post lawful, non-offensive content related to your participation in a Barry’s online or studio class before and/or after a class with the consent of each participant who is identified in your content.

Any violation of this non-recording agreement is grounds for exclusion from participation in any Barry’s activities or Services. You further agree to indemnify, defend, and hold harmless Barry’s, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this non-recording agreement. This indemnity may not apply to United Kingdom residents.

Barry’s X Feed: Notwithstanding the language above, you are allowed to share your live feed with your class and/or instructor while taking part in a Barry’s X class, provided that you otherwise comply with all rules associated with the program, our Services, and all other obligations under these Terms, including but not limited to, the obligations contained in the Prohibited Behavior and User Content section below. Please remember that anything you share pursuant to these feeds will be public and that you may not share, or cause to be shared any Prohibited Content.

Prohibited Behavior: We want our classes, studios and all other Services to be safe and enjoyable environments for all of our users. With this in mind, we have established certain behavior that will not be tolerated while utilizing our Services (“Prohibited Behavior“). While using or taking part on our Services, whether in one of our studios, or at home or some other location, you agree that you shall not:

Wear inappropriate clothing that is unnecessarily revealing, intimidating or that contains messages or images that a reasonable person may find objectionable;
Exhibit nudity, indecent exposure or exhibitionist behavior of any type. This type of behavior could result in criminal charges being brought against you;
Play music that can be heard by others taking part in our Services;
Wear clothing that is inappropriate or unsafe for our workouts, such as open-toed shoes etc;
Allow any indecent or objectionable pictures, movies, words, or any other content be viewable or audible on your stream;
Interfere with other users’ enjoyment or participation in our Services;
Interrupt or interfere with our instructors or staff members;
Use our equipment in any manner for which they were not designed or that is not the proper use for the equipment;
Take part in our Services while under the influence of Alcohol, Marijuana, or any other intoxicant or narcotic;
Use your phone or other electronic device other than for the explicit purpose of streaming or taking part in our Services; OR
Violate any rule or regulation posted in our studios, on our equipment or given to you by an instructor or staff member, including but not limited to:
- always bringing the treadmill to a complete stop before jumping off;
- not putting anything on the treadmills. (i.e. weights or equipment); and
- notifying the instructor prior to class start time if you are recovering from injury or illness or have known sensitivities.

The above list is non-exhaustive, and we, and our instructors and staff members, reserve the right, in our sole discretion, acting reasonably, to determine what constitutes Prohibited Behavior.

Any breach of any part of this clause 6 is grounds for exclusion from participation in any Barry’s activities, and/or the termination of any Services and/or the permanent ban of using any Services in the future.

WE AND OUR INSTRUCTORS AND STAFF MEMBERS RESERVE THE RIGHT TO REMOVE YOU FROM A CLASS, STUDIO OR OUR SERVICES AT ANY TIME, IN OUR SOLE DISCRETION, FOR EXHIBITING ANY PROHIBITED BEHAVIOR.

Please note that local and/or national laws may be more prohibitive than our Prohibited Content rules, and you agree that you shall abide by all laws, regulations, rules or other ordinances wherever you are.

Health and Safety

By agreeing to these Terms, enrolling online, and/or attending classes, events, activities, and other Barry’s programs, whether online or in a Barry’s facility or using Barry’s equipment, and/or by using the Services, you hereby acknowledge and agree:

(a) there are certain inherent risks and dangers in the strenuous nature of the Barry’s workout program;

(b) you have voluntarily chosen to participate in an intense physical exercise program;

(c) you understand that Barry’s strongly recommends that you consult with a licensed physician prior to commencing any classes;

(d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death;

(e) no physician or general practitioner has ever informed you that you have a heart condition and/or that you should not partake in the type of physical activities inherent in our classes;

(f) you have no ailment or injury that could be aggravated or made worse by taking part in our Services;

(g) you do not know of any reason why you should not, or that it would be harmful to your health to, take part in our classes or Services; and

(h) if you are pregnant, you agree that:

(i) You will inform your instructor; and

(ii) you have consulted a physician or general practitioner that has approved your use of the relevant services.

If you are taking part in our classes or related Services from your home, or any other location that is not a Barry’s studio, through Services such as Barry’s X, we cannot guarantee the adequacy or safety of any of the equipment you use, the location or your surroundings. Please take the upmost care to protect your safety while utilizing our Services in this way and only use equipment in the way it was intended to be used.

YOU ASSUME ALL RISK FOR YOUR HEALTH AND WELL-BEING, AND FULLY RELEASE AND HOLD HARMLESS FOR ANY RESPONSIBILITY, COST OR DAMAGES BARRY’S AND ITS ENTITIES, ITS INSTRUCTORS, MEMBERS AND EMPLOYEES FOR ANY INJURY, HARM OR LOSS YOU MAY SUFFER, INCLUDING DEATH, AS A RESULT OF PARTICIPATION IN ANY BARRY’S ACTIVITIES OR SERVICES. You must sign and agree to these Terms before you take part in our classes. If you are enrolling a minor (an individual who is not the age of majority in their jurisdiction of residence) of at least 15 years of age in our classes, the above release applies equally to said minor.

Personal Belongings: You agree that we are 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.

WIFI Access: We may provide access to WiFi connections or similar network connections to you (“WiFi”) at our studios or other locations. BY USING WIFI, YOU ARE AGREEING TO THESE TERMS. Your use of WiFi is subject to these Terms and permitted only while you comply with these Terms. We are under no obligation to provide WiFi to you and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available Wi-Fi connection. We do not control and are not responsible for data or content that you access or receive via the WiFI. We are not a publisher of third-party content that can be accessed through the Service and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service.

We reserve the right to monitor or store any transmission made through the WiFi, but we have no obligation to do so.

WIFI IS PROVIDED ON AN AS-IS BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WIFI.

7. DESCRIPTIONS, TESTIMONIALS, OPINIONS, RELIANCE

Our Services may contain expert or instructor opinions. Information on the Sites identified as expert or instructor opinion, or accessed from any of our Services by hyperlink, represents the opinions of these respective experts or instructors, which are not necessarily those of Barry’s. Our Services may also make statements related to supplements, diets or similar products or advice. Those statements should not be taken as medical advice or statements about a supplement’s or diet’s effectiveness or suitability for treatment of a medical condition.

Our Services may contain blogs or other testimonials or opinions with information about how to use a product or our Services, or statements about a product or Service’s effectiveness. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us but are not a representation or warranty about a product or Service and should not be relied upon as such.

Similarly, our Services may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of same.

The information presented on or through our Sites or Services, whether originating from Barry’s, our employees or affiliates, or a third party, is made available solely for general information purposes. We make no warranties or representations as to the accuracy, currency, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We reserve the right to withdraw or amend our Sites or Services, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Sites or Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites and Services, or the entire of our Sites and Services.

WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON ANY OF OUR SERVICES TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY OR BY THE FOOD AND DRUG ADMINISTRATION. YOU UNDERSTAND THAT NONE OF OUR SITES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS, OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS. WE MAY NOT BE HELD LEGALLY RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITES OR SERVICES.

8. USER CONTENT

You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you post using our Services, upload to us, or transmit through our Services (“User Content”). We reserve the right to alter or delete any User Content for any reason. You agree, represent and warrant that any User Content you post or share on our Services or transmit through our Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through our Services any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES RESULTING FROM ANY INFRINGEMENT OF COPYRIGHT, TRADEMARK, PROPRIETARY RIGHTS, OR ANY OTHER HARM RESULTING FROM SUCH USER CONTENT.

By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.

User Content License: By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us, including, but not limited to any User Content submitted as part of the The Fit Fam, The Red Room, or feed sharing features on Barry’s X), you grant to us the ability to use such User Content as we wish.

You also grant each user of the Services the ability to access your User Content through a Service, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of a Service and under these Terms.

Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you. Additionally, we may, pursuant to our Privacy Policy, share any data you submit to us or we collect from or about you with third parties, such as the Universal Music Group, who shall use it for the purposes set out in our agreement with them.

Forums

We may also host message boards, user-generated content, promotions, reviews, blogs, and other interactive features or services, such as The Fit Fam, through which users can post or upload User Content or otherwise interact with our Services or users something on them (each, a “Forum”). We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and are acting only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging. WE RESERVE THE RIGHT TO REMOVE ANY FORUM CONTENT, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.

Forums are Public: You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Sites and may employ anonymous usernames when doing so. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. However, we are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.

Sharing User Content: Our Services may also allow you to make recommendations or send User Content or other Content to others, for example through an “email this” or “share this” feature that will send content to the email address or social media account you provide. Only provide contact information for individuals who have told you they want to receive such content. By providing someone’s contact information, you represent and warrant that they have confirmed to you that they want to receive such content.

Prohibited Content: You agree that User Content shall not contain any of the following (together with any prohibitions contained in this section, the “Prohibited Content“):

Profane language or content;
Content that promotes, fosters, or perpetuates discrimination on the basis of race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law;
Inappropriate sexual content or links to inappropriate sexual content, nudity or obscenity;
Conduct or encouragement of illegal activity;
Private or confidential information and/or any information that would be considered personally identifiable information of any third party;
Content that violates a legal ownership interest of any other party; or
Any other content that we determine to be inappropriate.

We retain the sole right, in our absolute discretion, to determine what constitutes Prohibited Content. WE ALSO RESERVE THE RIGHT TO REMOVE ANY USER CONTENT, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.

Copyright Infringement Notices (USA)

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA“). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.

If you believe that any Content on a Sites infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;

The URL or other specific location on the Sites that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;

Your name, mailing address, telephone number and email address;

The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf

Designated Agent: Lauren Green
Email: [email protected]
Phone: (323) 831-0476

To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.

We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
Your name, mailing address, telephone number and email address;
The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which Client address is located]”;
The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
Your signature, in physical or electronic form.

Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Further, we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Sites.

9. MOBILE SERVICES

Some of the Services may be available via your mobile phone, including but not limited to:

the ability to book and/or purchase Barry’s Services via your mobile phone;
the ability to receive and reply to Barry’s messages;
the ability to browse Barry’s Sites from your mobile phone and (in) the ability to access certain Barry’s features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”).

We do not charge any extra fees for the Mobile Services. However, your carrier’s normal messaging, data and other rates and tees 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, it any, may be applicable to your use of such Mobile Services. Your use of the third-party service(s) may be subject to additional terms related to that service from the applicable service provider.

Furthermore, when you download or use our Apps on an iOS of Android device, you may be subject to the terms of service of the developers of such devices or app stores (“App Store Provider”). You acknowledge that these Terms and your use of an App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the App and its Content. If anything in these Terms conflicts with any usage rules for the App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with these Terms, and then exclusively for your use of the Mobile App). All rights you have to use the App are for use only on appropriate products and Services (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the App may be accessed and used by other accounts associated with the you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing.

We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in these Terms or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.

Some of our Services may also allow you to integrate your Barry’s Account and/or the App with a third-party program or device, such as your Apple Watch or Apple Health. Your use of such services may be subject to additional terms related to that service or device from their providers. Additionally, you may be able to share certain data with such third-party providers. For an understanding of how we handle your personal data in such instances please see our Privacy Policy.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation;

(iv) claims that the Mobile App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

10. TERMINATION & SURVIVAL

We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, 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. We may terminate your account or membership at any time, without warning, if you breach the Terms. If we terminate your account or membership because you have breached the Terms, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.The following Sections will survive termination of these Terms: (10) Termination & Survival; (12) Assignment; (15) Intellectual Property Rights; (19) Legal Disputes and Arbitration Agreement; (20) Indemnity; (21) Limitation of Liability; (22) Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic, and any other provision(s) that by their nature should survive.

11. THIRD PARTY SITES

Our Services may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

We may maintain a presence on and link to social media websites, including sites such as Facebook, LinkedIn, Google Plus, Twitter, YouTube, Vine, TikTok, Pinterest, Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our Products and Services. When you visit these Social Media Pages, you are no longer on our Sites, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

12. ASSIGNMENT

You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer these Terms. These Terms inure to the benefit of and are binding upon the parties and their respective legal representatives, successors, and assigns.

13. FEES

Notwithstanding clause 25, you acknowledge that Barry’s charges fees for its services, and subject to the applicable law, Barry’s reserves the right to change its fees from time to time in its discretion.

14. NON-HARASSMENT-POLICY

Barry’s disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any Barry’s personnel, including while participating in a Barry’s X Individual or Group Class, at a Barry’s studio, or any other Barry’s-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of Client Experience Team at [email protected].

When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.

Barry’s will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. Barry’s responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations. Barry’s strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed.

Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration procedures below for users in the United States and Canada.

15. INTELLECTUAL PROPERTY RIGHTS

The content provided through our Services, whether on the Sites and Apps, or at our studios or elsewhere, 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, subject to copyright and other intellectual property rights under the law. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available through our Services is strictly prohibited. You agree not to make any use of the Content that would infringe any copyright therein.

The Service and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your personal, non-commercial entertainment use. This Content may be owned by Barry’s or by third parties. You shall not allow any third party to have access to or to use any Content. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. You agree that you will not attempt to modify any software or Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content.

You represent, warrant and agree that you are using the Service for your own personal, non-commercial entertainment use and not for redistribution or transfer of any kind. You agree not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Service. Furthermore, Barry’s and/or the owners of the Content may, from time to time, remove Content from the Service without notice.

Subject to your compliance with these Terms, we grant you a limited license to access and use the Services and their Content for personal, informational, and shopping purposes. Content on the Sites and Apps, or at our studios, 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. We reserve all rights not expressly granted in and to the Services and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites and/or Services, provided by you to Company are non-confidential and shall become the sole property of Barry’s.

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 Services or the Content therein.

“Barry’s,” and the “stripes” icon and other graphics, logos, wordmarks, and designs are trademarks of Barry’s in the U.S. and/or other countries for which applications are pending. Barry’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.

16. FEEDBACK

You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without restriction, and Barry’s does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant Barry’s the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. Barry’s does not waive any rights to use similar or related feedback or ideas known to Barry’s, developed by Barry’s employees, or obtained from other sources.

17. CONSENT TO COMMINICATIONS

When you use our Sites or Apps or send communications to us through our Sites or Apps, you are communicating with us electronically.

18. SERVICES INTERRUPTIONS

Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.

19. LEGAL DISPUTES AND ARBITRATION-AGREEMENT

Please Read the Following Clause Carefully.

It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.

FOR INTERNATIONAL CUSTOMERS, THIS SECTION MAY NOT APPLY TO YOU, PLEASE SEE SECTION 27 BELOW FOR MORE INFORMATION.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.

Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You and Barry’s agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration. If you and Barry’s do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance and breach, including breach of the arbitration agreement), your use of the Services, your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by AAA American Arbitration Association (“AAA”) Consumer Arbitration Rules (“AAA Rules”) if you are in the United States or the Canadian Arbitration Association (“CAA”) Arbitration Rules (“CAA Rules”) if you are in Canada, excluding any rules or procedures governing or permitting class actions in either the AAA Rules or the CAA Rules. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and Barry’s shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms and/or this arbitration agreement, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. You or Barry’s may also contact each other through the selected arbitrator for the exchange of necessary information prior to arbitration. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and Barry’s and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement this arbitration agreement and all other agreements between you and Barry’s shall be subject to the Federal Arbitration Act.

The current AAA rules governing the arbitration may be accessed at https://www.adr.org/Consumer. Updated copies of the rules are available for review from the AAA’s website (www.adr.org). If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Barry’s will pay the additional cost. If Barry’s is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and Barry’s will arrange to pay all necessary fees directly to AAA. Barry’s will also be responsible for paying all other reasonable arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA. You will not be required to pay fees and costs incurred by Barry’s if you do not prevail in arbitration. In the case of face-to-face proceedings, a location which is reasonably convenient to both you and us, with due consideration of ability to travel and other pertinent circumstances, shall be agreed upon. If such a location is unable to be agreed upon, it shall be chosen by the arbitrator or shall occur digitally.

In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.

You and Barry’s understand that, absent this mandatory provision, you and Barry’s would have the right to sue in court and have a jury trial. You and Barry’s further understand that the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver. YOU AND BARRY’S EACH FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN OUR RESPECTIVE INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE (“CLASS”) ACTION, AND YOU AND BARRY’S EACH EXPRESSLY WAIVE OUR RESPECTIVE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that the Class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and Barry’s shall be deemed to have not agreed to arbitrate disputes.

Exception – Small Claims Court Claims. Notwithstanding your and Barry’s agreement to resolve all disputes through arbitration, either you or Barry’s may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Exception – New Jersey Residents. If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Limitation of Liability; (b) Indemnification; and (c) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms are found to violate an established legal right.

Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and Barry’s agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and Class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at [email protected] and providing the following information: (i) your name, (ii) your Barry’s account email address; (iii) your mailing address; (iv) a statement of your wish not to resolve disputes with Barry’s through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, Barry’s also will not be bound by them.

Exclusive Venue for Litigation and Governing Law. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the U.S. state of Florida, exclusive of conflict or choice of law rules. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and Barry’s expressly agree that any litigation between you and us shall be filed exclusively in state or federal courts located in and governed by the laws of the U.S. state of Florida. In the event of litigation, you and Barry’s agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

Exception – United Kingdom
If you live in England or Wales, you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.

20. INDEMNIFICATION

You agree to release, indemnify, and defend Barry’s and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter. This section does not apply to you if you live in the United Kingdom.

21. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE BARRY’S AND ITS ENTITIES TO YOU.

Notwithstanding and not prejudicing all limitations of liability or releases contained elsewhere in these Terms:

WE ARE PROVIDING THE SERVICES, INCLUDING THE SITES, THE APPS, AND ALL SOFTWARE, CONTENT, AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED BY US OR ANY OWNERS OF CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, BARRY’S AND ITS ENTITIES AND ALL OWNERS OF CONTENT EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
BARRY’S AND ANY OWNERS OF CONTENT DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE SERVICES OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE OR ANY OTHER SITES LINKED TO OR FROM THE SITES OR APP.
DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH OUR SERVICES OR ANY OTHER SITES LINKED TO OR FROM THE SITES OR APP IS DONE AT YOUR OWN RISK, AND NEITHER BARRY’S AND ITS ENTITIES NOR ANY CONTENT OWNERS GUARANTEE THAT SUCH CONTENT OR DOWNLOADS WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
THE CONTENT CONTAINED ON SOME OF OUR SITES MAY CONTAIN INFORMATION ABOUT INGREDIENTS, PROCESSES, AND/OR THERAPIES THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. OUR SITES MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITES. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, YOU CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOU CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT. IN THE EVENT OF A MEDICAL EMERGENCY, CONTACT EMERGENCY SERVICES IMMEDIATELY.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARRY’S AND ITS ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARRY’S AND ITS ENTITIES AND ANY OWNERS OF CONTENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE.
NEITHER BARRY’S AND ITS ENTITIES, NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES. WITHOUT LIMITING THE FOREGOING, BARRY’S AND ITS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

22. SPECIAL LIMITATION OF LIABILITY DURING THE CORONAVIRUS/ COVID-19 PANDEMIC.

Barry’s takes the COVID-19 pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, Barry’s cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending classes, events and activities at Barry’s may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at Barry’s studios and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at Barry’s may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Barry’s employees, members, and attendees.

By agreeing to these Terms, enrolling online, and/or attending classes, events, activities, and other programs of Barry’s, whether in a Barry’s facility or using Barry’s equipment, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks related to COVID-19, and accept sole responsibility for any COVID-19-related injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at Barry’s or as a result of participation in Barry’s programs (“Claims”); and (b) covenant not to sue, Barry’s its instructors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of Barry’s, its instructors, members, and employees, whether a COVID-19 infection occurs before, during, or after attending Barry’s studio facilities or participating in any Barry’s program.

Some jurisdictions do not allow waiver of certain types of risks, so the above limitations may not all apply to you. Please check the country or state in which you are residing.

24. ENTIRE AGREEMENT, SEVERABILITY AND WAIVER

The Terms, together with any other applicable legal agreements agreed between us, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services.

No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.

25. NOTIFICATIONS

We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. Barry’s is not responsible for any automatic filtering that you or your network provider may apply to such notifications.

26. UPDATES TO THESE TERMS

We may revise or otherwise change or update these Terms or our Sites from time to time, as may be required to ensure we can fulfil our obligations to you as set out under these Terms, or as otherwise may be required by any regulatory body or applicable law. We will use reasonable efforts to notify you of any such substantial or material changes.

Please see the “Last Updated” and “Effective Date” dates at the start of these Terms, to see when these Terms were last revised. When changes are made to these Terms they will become immediately effective when published on this page unless otherwise noted.

We may assign these Terms at any time with or without notice to you. You may not assign or sublicense these Terms or any of your rights or obligations under these Terms without our prior written consent.

27. OTHER POLICIES

These Terms apply exclusively to your access to, and use of, the Services from which it is linked or given, and does not alter in any way the terms or conditions of any other agreement you may have with us for Products, Services or otherwise.

Other agreements and/or policies that you are subject to include:

Safety or equipment use rules (as may be provided to you);
Our Privacy Policy (as linked under these Terms); and
Our Cookie Policy (as linked under these Terms).

Any sweepstakes, contests, coupons, rebates or other promotions made available through a Sites may be governed by specific rules that are separate from these Terms, and will be made available to you from time to time. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.

Should we employ you, none of the materials provided on a Sites constitute or should be considered part or of an employment contract or an offer for employment.

27. INTERNATIONAL USERS

The products referred to on our Services may only be available in the territory to which the applicable Service is directed, and may not be available in your country. Furthermore, if a separate terms and conditions applies in your country or locality, the provisions of the terms and conditions that are linked to from your Services will apply instead of these Terms.

WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE SITES, INCLUDING WITHOUT LIMITATION, THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THE SITES, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITES OR APP ARE DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE SITES OR APPS OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access our Services do so on their own initiative and at their own risk.

Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to these Terms heard by your local courts. These Terms does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THESE TERMS, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THESE TERMS AND RESERVE THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT.

These Terms, as well as all other documents related to it, including notices and correspondence, may not be available in your native language and may be available in the English language only.

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:

CANADA

L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.

Dispute Resolution: The arbitration requirements of these Terms will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.

Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.

Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites, please send an e-mail to [email protected]. You may also contact us by writing to:

Barry’s Bootcamp Holdings, LLC
2214 NW 1^st Place
Miami, FL 33127

EUROPEAN UNION

Children: You may not use any Sites if you are under the age of 16.

Exceptions to Liability Limitations: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.

UNITED KINGDOM

Children: You may not use any Sites if you are under the age of 16.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THESE TERMS WILL NOT APPLY TO IF NOT PERMITTED BY LAW.

28. INTERPRETATION

In construing or interpreting the Terms of Service, headings are for convenience only, and not to be considered.

29. THIRD PARTY BENEFICIARIES

The third-party owners of any Content are intended beneficiaries of these Terms and shall have the right to enforce these Terms against you.

30. CONTACTING US

If you have any questions about the Terms in relation to the Services, the Sites, or App(s), please contact us at: [email protected].

You may also contact us depending on your country as set out below:

United States of America

By Telephone at (323) 673-0220 or write to us at:

Barry’s Bootcamp Holdings, LLC
7373 Beverly Blvd
Los Angeles, CA 90036

Additionally, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Canada
Barry’s Bootcamp
310 Richmond St., West Unit 1
Toronto, Ontario M5V0B4)
Barry’s Bootcamp Canada is responsible for your Canada-based purchases of products and services, and for your participation in certain Canada-based events and promotions.

United Kingdom
Barry’s Bootcamp Limited
33 Gutter Lane
London
EC2V 8AS
Barry’s Bootcamp Limited is responsible for your UK-based purchases of products and services, and for your participation in certain UK-based events and promotions.

Norway
Barry’s Bootcamp
Nonnesetergaten 4
Bergen 5015
Barry’s Bootcamp Norway is responsible for your Norway-based purchases of products and services, and for your participation in certain Norway-based events and promotions.

Sweden
Barry’s Bootcamp
Kyrkogatan 58
411 08, Gothenburg
Barry’s Bootcamp Sweden is responsible for your Sweden-based purchases of products and services, and for your participation in certain Sweden-based events and promotions.

Italy
Barry’s Bootcamp
Via Senato 36 – 20121,
Milano, Italy
Barry’s Bootcamp Italy is responsible for your purchases of Italy-based products and services, and for your participation in certain Italy-based events and promotions.

United Arab Emirates
Barry’s Bootcamp
Central Park Towers – Ground Floor,
DIFC, Dubai
Barry’s Bootcamp Dubai is responsible for your purchases of UAE-based products and services, and for your participation in certain UAE-based events and promotions.