Terms of Service

Updated as of June 25, 2025

The following Terms of Service (“Terms”) governs the access and use by you of the Site,
Platform, and Platform (as such terms are defined below) provided by btone FITNESS LLC, a Delaware corporation (“btone FITNESS”, “us”, “our”, “we”). This is a legal agreement between you and incorporates by reference the Privacy Policy located at www.btonefitness.com/privacy (the “Privacy Policy”), the Assumption of Risk and Release of Liability located at www.btonefitness.com/waiver (the “Waiver”, and collectively with these Terms and the Privacy Policy, the “Agreement”); provided, however, that to the extent that there are any conflicts between any of the terms or conditions of these Terms and any of the terms or conditions of the Privacy Policy (provided that the inclusion of additional terms in the Privacy Policy that are not
included in these Terms shall not be deemed to constitute a conflict, and such additional terms shall apply to your access and use of the Site and the Platform), the applicable terms and provisions of these Terms shall control.

In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to a Member’s membership, including without limitation specific Studio policies and procedures (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.

1. CONSENT AND USE OF THE SITE AND PLATFORM

By registering to use, using, ordering, subscribing, logging into, or browsing the website at www.btonefitness.com, related subdomains, and the related btone FITNESS mobile applications (collectively the “Site”) and related Platform (defined below), you agree to the terms and conditions of the Agreement, governing your access to and use of the Platform, including but not limited to limitations of liability, indemnification, and your agreement to arbitrate disputes relating to the Site and/or the Platform.

If you are entering into these Terms on behalf of a User that is a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity. These Terms are effective as of the date you accept these Terms by accessing the Platform (“Effective Date”).

IF YOU DO NOT HAVE SUCH AUTHORITY TO ACCEPT THE AGREEMENT, OR IF YOU DO NOT AGREE WITH THE AGREEMENT, YOU (AND THE ENTITY ON WHOSE BEHALF YOU ARE SEEKING TO ENTER INTO THE AGREEMENT) MAY NOT USE THE SITE OR PLATFORM.

2. DEFINITIONS

3. LIMITED LICENSE & USE OF THE SITE AND THE PLATFORM

3.1 btone FITNESS hereby grants to Users a non-exclusive, non-transferable, limited, revocable, worldwide right to use the Site, solely for such your own internal, non-commercial purposes, subject to the terms and conditions of these Terms. All rights not expressly granted to you are reserved by btone FITNESS and its licensors.

3.2 btone FITNESS hereby grants to Users a non-exclusive, non-transferable, limited, revocable, worldwide right to use the Platform, solely for such your own internal, non-commercial purposes, subject to the terms and conditions of these Terms. All rights not expressly granted to Users are reserved by btone FITNESS and its licensors.

3.3 In addition, a User shall not:

3.4 btone FITNESS shall be entitled to adjust the scope of the Site, the Platform and the underlying technical infrastructure to reflect the continuing development of the Site, the Platform and technical advances.

4. ACCOUNT INFORMATION, PASSWORD AND SECURITY

4.1 In the course of your use of the Site, the Platform, or becoming a Member, we may ask you for certain information, including your name, email address, phone number, mailing address, billing address, credit card information, and tax reporting information (collectively, “Account Information”); provided that we may ask for only some of this information unless you are the User. Your Account Information must be up-to-date and accurate at all times. Should any such Account Information change, you must update it in your user profile. You agree that you are solely responsible for the accuracy and content of your Account Information. You are further responsible for maintaining the confidentiality of username and password and also for all activities that take place under username and/or account.

4.2 Consistent with and without limiting the scope of provisions limiting liability elsewhere in these Terms, in no event will btone FITNESS be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password or your failure to comply with this section.

4.3 You shall notify btone FITNESS immediately of any unauthorized use of any password or account used for access to the Site, the Platform, your membership, or any other known or suspected breach of security related to the Site, the Platform, or your membership.

5. MEMBERSHIP TERMS AND CONDITIONS

5.1 MEMBERSHIP AND GUESTS

  1. Subject to these Terms, a person who completes the Registration Form will become a Member of the Studio upon acceptance of the Registration Form by the Company. Acceptance of a person as a Member is in the absolute discretion of the Company.

  2. If a Member brings a Guest to the Studio, that guest must, before the commencement of the relevant session, agree to this Terms as if such person was a Member. If required by a Studio, Guest passes can only be used by emailing the Studio at least 24 hours prior to class and with confirmed reservation.

  3. Members and Guests shall complete an Assumption of Risk and Release of Liability form prior to participation in any sessions at a Studio.

5.2 FEES & PAYMENT

  1. Details of fees and gift certificate prices are available either at www.btonefitness.com or directly from the Studio and will be as determined by the btone FITNESS from time to time.

  2. Members must have an active credit card on file within the Platform.

  3. A Member may not attend any session at a Studio without first booking and paying for the relevant session.

  4. All fees are exclusive of all federal, state, provincial, municipal, or other taxes which Member agrees to pay based on where the Member is located. In the event of updated tax rates, btone FITNESS will apply the new tax rate to future fees without notice to Member.

  5. Membership fees, session fees, and gift certificates in any amount are non-refundable unless otherwise stated in these Terms.

  6. A Member may only buy gift certificates for another Member. Guests may not use gift certificates unless otherwise agreed between such Guest and the Studio.

  7. All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the User, or in the form of an announcement on the Platform.

5.3 BOOKINGS AND CANCELLATIONS

  1. A Member may only book or reschedule sessions for themself via the personal Studio booking facility on the Platform.

  2. Members will be charged for a session where cancellation or the rescheduling of the session is not either made on the Platform at least 8 hours prior to the booked time.

  3. Sessions are booked on a first-come first-served basis. A Member may use the waiting list via the Platform in the event that their first choice session is unavailable. If a Member joins the waiting list for a particular session and then books that session, their booking will be subject to these Terms, including payment requirements.

  4. Depending on the package ordered, sessions will expire as described at the point of purchase.

5.4 MEMBERSHIP CANCELLATION AND TERMINATION

  1. btone FITNESS reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may be, in the btone FITNESS's reasonable opinion, injurious to the character of the Studio or which amounts to a breach of these Terms and Conditions, or where such expulsion or suspension is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which her membership is suspended.

  2. Auto-renewing memberships can be canceled at any time by emailing the studio at least 3 days prior to the next run date. Freezes can be made up to 30 days in a calendar year.

  3. Auto-renewing memberships are charged automatically, either 28 or 30 days from the first scheduled class, depending on the membership level.

  4. For security reasons, such cancellations shall only be performed using the account cancellation URL within the Platform or at a Studio (not via email). Unless and except to the extent we otherwise agree in writing, cancellations shall not be accepted by any other means.

  5. btone FITNESS in its sole discretion has the right to suspend or discontinue providing the Platform to any User without notice for actions that are (a) in violation of these Terms and (b) create a Security Emergency.

  6. If (i) User uses the Site or Platform to violate these Terms in any way that does not create a Security Emergency; (ii) btone FITNESS provides User with commercially reasonable notice of this violation; (iii) btone FITNESS uses commercially reasonable efforts to discuss and resolve the violation with User; and (iv) despite the foregoing, the violation is not resolved to btone FITNESS’s reasonable satisfaction within ten (10) days of such notice, then btone FITNESS reserves the right to suspend or cancel User’s (or the applicable User’s) right to access and use the Platform.

5.5 CONSEQUENCE OF EARLY TERMINATION

  1. In consideration of the discounted pricing provided to Member based on the agreed in their Registration Form, Member acknowledges that such discounts are predicated upon Member fulfilling the entire term provided in the Registration Form. If Member terminates their membership before the expiration of the agreed term for any reason other than a material breach by btone FITNESS, Member shall pay to btone FITNESS, as liquidated damages and not as a penalty, an amount equal to the total discounts received by the Member under the Registration Form and these Terms.

  2. The parties agree that the actual damages resulting from early termination would be difficult to ascertain. Therefore, the liquidated damages specified herein represent a reasonable estimate of the damages that Provider would incur and are intended to compensate Provider for losses sustained due to early termination.

5.6 MEMBER REPRESENTATIONS

  1. Member represents and warrants to btone FITNESS that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy which may affect their participation in any sessions at the Studio.

  2. It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any).

  3. Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult their doctor.

  4. The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.

5.7 GENERAL POLICIES

  1. FOLLOW INSTRUCTIONS - Members and Guests are required to follow the instructions of the instructor at all times.

  2. IMAGE RELEASE - You agree that btone FITNESS, our affiliates, and franchisees have the right and permission to use and publish the photographs/film/videotapes/electronic representations and/or sound recordings made in connection with your participation at a Studio and btone FITNESS, our affiliates, and franchisees are authorized to reproduce, copyright, exhibit, broadcast and distribute the photography/film/videotapes/electronic representations and/or sound recordings at our discretion without limitation and without compensation.

  3. STUDIO OPENING TIMES - Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.btonefitness.com.

  4. USE OF FACILITIES - A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.

  5. PERSONAL BELONGINGS - Personal belongings are brought onto the Studio premises at the Member's own risk, and the Company does not accept liability for any loss or damage whatsoever to such items.

  6. DRESS - Members are requested to wear a form of dress appropriate to the practice of Pilates training, and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members must attend sessions in non-slip socks. Footwear should be removed in the entry area.

  7. SAFETY & HYGIENE
    ( 1 ) In the interests of safety and hygiene of all members, no crockery, glass or food is permitted in the changing rooms or the Studio. Only water is permitted in the Studio. With the exception of service animals (as defined in the Americans with Disabilities Act), no animals or support animals are permitted in the Studio buildings or on its grounds.
    ( 2 ) Notwithstanding paragraph 5.7(f) above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints.
    ( 3 ) Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.
    ( 4 ) Smoking is forbidden in the Studio.

5.8 STUDIO SPECIFIC POLICIES

In addition to these Terms, a Studio may have additional policies and procedures you must abide by while at such Studio or on the property where the Studio is located. Failure to abide by those policies is a breach of these Terms and your membership is subject to cancellation without refund.

6. CONTENT YOU SUBMIT

6.1 btone FITNESS may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your Content and btone FITNESS may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third-party in connection with our operation of Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is incomplete, inaccurate, out-of-date or otherwise objectionable or inappropriate, or to enforce the rights of third-parties or these Terms. Such Content submitted by you or others need not be maintained on the Platform by us for any period of time, and you will not have the guaranteed right, once submitted, to access, archive, maintain, or otherwise use such Content on the Platform.

6.2 Each time you submit any Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are an authorized officer, employee or agent of any company, corporation, partnership, limited liability company, or other business entity who owns and/or controls any Content or any elements thereto you submit, and that, as to that Content: (i) you and/or such entity are the sole author and owner of the intellectual property and other rights to the Content, or you have a lawful right to submit the Content and grant btone FITNESS the rights to it that you are granting by these Terms, all without any btone FITNESS obligation to obtain consent of any third-party and without creating any obligation or liability of btone FITNESS; (ii) the User Content is accurate; (iii) the Content does not and, as to btone FITNESS’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third-party (iv) the submission of the Content does not violate any agreement with any third-party; and (v) the Content will not violate these Terms, or cause injury or harm to any person.

6.3 Additionally, you will not use the Site, Platform, or add Content that:

7. RESPONSIBILITIES

You are responsible for all of your activity on the Site and the Platform and for all activity occurring under your account and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and the Platform, including those related to data privacy, international communications and the transmission of technical or personal data.

You are solely responsible for all Content provided to the Site and the Platform in connection with your use of the Site and Platform. btone FITNESS does not own any Content provided hereunder; provided that you hereby grant to btone FITNESS a worldwide, royalty-free, non-exclusive, sublicensable right to use, reproduce, create derivative works of, distribute, perform, transmit and publish all Content for the purpose of providing the Site and the Platform.

8. REPRESENTATIONS & WARRANTIES

You and each of User’s agents, employees, or contractors acting on behalf of User in entering into these Terms, individually represents and warrants that they have the legal power and authority to enter into these Terms and that they (a) are an individual who is at least 18 years of age; (b) have not falsely identified themselves, nor provided any false information to gain access to the Site or the Platform.

9. INTELLECTUAL PROPERTY

9.1 Your Property. By using the Platform, submitting any Content through the Platform, or providing any Content to btone FITNESS, you hereby grants btone FITNESS a perpetual worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to process, store, modify, combine, reproduce, distribute, display, publicly perform, publicly display, host, communicate, and prepare derivative works of the Content in connection with the Site and Platform. You represent and warrant that you have all rights to grant such licenses to btone FITNESS without infringement or violation of moral rights or any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property rights.

9.2 Account Information. User represents and warrants that it has complied with all laws (including, as appropriate, with respect to providing any necessary notices and obtaining any necessary consents) to permit btone FITNESS to use the Account Information and any technical information about its use of the Platform for the limited purposes of tailoring the user experience of the Platform to the User, facilitating User’s use of the Platform, and communicating with User. Further, User represents and warrants that it has taken necessary steps, in compliance with applicable laws, to ensure that btone FITNESS may use such information to identify and understand trends in the various interactions with the Platform and to conduct internal business analysis based on meta-data about usage, feature adoption and forecasting, on an anonymized, aggregated basis.

9.3 btone FITNESS’s Property. You acknowledge and agrees that all rights, title and interest in and to the Site and the Platform are the exclusive property of btone FITNESS or its affiliates, licensors or suppliers. Unless stated otherwise, btone FITNESS and its licensors retain all intellectual property rights in and to the Site and the Platform, including, without limitation, all logos, graphics, software, algorithms, functionality and content (other than Content) included in or comprising the Site and the Platform. All rights not expressly granted herein are reserved by btone FITNESS.

9.4 Statistical Data. Notwithstanding anything to the contrary in this Agreement, and consistent with the activities described in the Privacy Policy, btone FITNESS may monitor, compile, analyze, and use Statistical Data. You agree that btone FITNESS may make such Statistical Data publicly available. btone FITNESS and/or its licensors own all right, title and interest in and to the Statistical Data and all related software, technology, documentation, and content provided in connection with, or developed using, the Statistical Data, including all intellectual property rights in the foregoing.

9.5 Feedback. You may provide feedback, suggestions, and comments to btone FITNESS regarding the Site and Platform (“Feedback”). Your hereby grants to btone FITNESS a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, process, store, edit, modify, aggregate, combine, reproduce, distribute, display, perform, prepare derivative works, and otherwise fully exploit such Feedback in any medium or format, whether now known or later developed.

9.6 Publicity. Unless otherwise agreed by the parties in writing, User hereby agrees that btone FITNESS may reference User in marketing and public relations materials, including a press release announcing User as a customer. User hereby grants btone FITNESS a nonexclusive, worldwide license to use and display User’s trademarks, trade names and logos in connection with the foregoing.

10. CONFIDENTIALITY

Each party agrees to treat all Content marked as confidential information as confidential and not to use or disclose such confidential information except as necessary to perform its obligations under, and in accordance with the terms and provisions of, these Terms. Content posted on public facing areas of the Platform, such as reviews, shall not be considered “confidential information” for the purposes of the Agreement.

btone FITNESS and any third-party vendors and hosting partners it utilizes to provide the Platform shall hold Content in strict confidence and shall not use or disclose Content except (a) as required to perform their obligations under these Terms; (b) in compliance with our Privacy Policy; or (c) as otherwise authorized by you in writing.

Notwithstanding the foregoing, btone FITNESS shall have no responsibility to monitor the use of Content or privacy policies of the social media or communication platforms on which the Platform are deployed.

11. AVAILABILITY; SUPPORT

btone FITNESS represents and warrants that it will provide the Site and the Platform in a manner consistent with general industry standards reasonably applicable to the provision thereof. btone FITNESS will use commercially reasonable efforts to cause the Site and the Platform to be available twenty-four (24) hours per day, seven (7) days a week, three hundred and sixty-five (365) days per year, outside of scheduled downtime for maintenance and upgrades and extraordinary circumstances or causes beyond our control (such as fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, labor difficulties, generalized internet interruptions (through denial of service, worms, telecommunications problems or the like)) but does not guarantee, represent or warrant such availability. btone FITNESS, from time to time, may make enhancements or upgrades to the Site and/or Platform which result in the Site and/or Platform being unavailable, which btone FITNESS shall take reasonable steps to schedule so as to minimize the unavailability of the Site and/or Platform and user inconvenience.

THE SITE AND THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BTONE FITNESS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

12. INTEGRATIONS, THIRD-PARTY LINKS

The Platform may link to or otherwise allow you to access or use or integrate with third-party providers of products and services (“Third-Party Platform”). Such Third-Party Platform are not “Platform” under these Terms and are not subject to any terms related to the Site or the Platform, including related warranties, indemnities, service commitments or other obligations. The availability of any Third-Party Platform through the Platform does not imply btone FITNESS’s endorsement of or affiliation with the provider. Access to and use of any Third-Party Platform are subject to the separate terms and conditions required by the providers of the Third-Party Platform. btone FITNESS does not control the Third-Party Platform and will have no liability to you in connection with any Third-Party Service. btone FITNESS has no obligation to monitor or maintain any Third-Party Service and may replace, disable, or restrict access to any Third-Party Service or cancel related integrations at any time, without notice. The calculation of downtime of the Site and the Platform, if any, does not include the unavailability of any integration to a Third-Party Service.

If a Third-Party Service is enabled for your account, please be mindful that Account Information or Content will be shared with the third-party provider and the purposes for which the provider requires access. We will not be responsible for any use, disclosure, modification or deletion of Account Information or Content that is transmitted to, or accessed by, a Third-Party Service.

BY USING OR ENABLING ANY THIRD-PARTY SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT ANY LIABILITY AND REMEDIES RELATED TO A THIRD-PARTY SERVICE IS WHOLLY GOVERNED BY THE APPLICABLE THIRD-PARTY AGREEMENT AND BTONE FITNESS DISCLAIMS ALL LIABILITY RELATED TO SUCH THIRD-PARTY SERVICE.

13. DISCLAIMER OF WARRANTIES

BTONE FITNESS AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, THE PLATFORM, OR ANY CONTENT. BTONE FITNESS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, PLATFORM, INFORMATION, LEADS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE PLATFORM WILL MEET YOUR OR USER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVERS THAT MAKE THE SITE AND THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SITE, THE PLATFORM, AND ALL CONTENT THEREON, INCLUDING WITHOUT LIMITATION, OUR CONTENT AND YOU CONTENT, AS APPLICABLE, IS PROVIDED TO YOU AND USER STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BTONE FITNESS AND ITS LICENSORS. BTONE FITNESS MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY TRANSACTIONS SOUGHT TO BE EFFECTED THROUGH YOUR OR USER’S USE OF THE SITE OR THE SERVICES.

14. LIMITATION OF LIABILITY

Except in the case of a violation by btone FITNESS of its obligations under the section entitled “Confidentiality”, and except as provided in the section entitled “Indemnification by btone FITNESS”, btone FITNESS shall not be liable for and you waive the right to claim any loss, injury, claim, liability or damage of any kind resulting in any way from the Site, Platform, or the membership and related services provided to you by btone FITNESS.

IN NO EVENT SHALL BTONE FITNESS’S AGGREGATE LIABILITY PURSUANT TO THESE TERMS EXCEED THE FEES ACTUALLY PAID BY YOU TO BTONE FITNESS IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. IF YOU OR USER IS USING A FREE, TRIAL, OR OTHER UNPAID VERSION OF THE PLATFORM OR IS A GUEST, BTONE FITNESS’S MAXIMUM AGGREGATE LIABILITY SHALL BE $100.00. EXCEPT IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE UNDER THESE TERMS TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, WAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE, THE PLATFORM, OR YOUR VISITATION OF OR PARTICIPATION IN ANY ACTIVITIES AT A STUDIO, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE OR THE PLATFORM, FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE OR THE PLATFORM, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, OR ANY INJURY OR DEATH RESULTING FROM YOUR VISITATION OF OR PARTICIPATION IN ANY ACTIVITIES AT A STUDIO, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You will solely be responsible for any damage and/or loss of your Content contained in your technology which occurs as a result of your electronic equipment and/or your computer system.

15. ADDITIONAL RIGHTS

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

16. INDEMNIFICATION BY BTONE FITNESS

btone FITNESS shall defend, indemnify, and hold you harmless against any loss, damage, or costs (including reasonable attorneys’ fees) in connection with claims, demands, suits, or proceedings made or brought against you by a third-party alleging that the Platform, or use of the Platform as contemplated hereunder, infringes a copyright, a U.S. patent issued as of the date of final execution of these Terms, or a trademark of a third-party or involves the misappropriation of any trade secret of a third-party (each, a “Third-Party Claim”); provided, however, that you:

btone FITNESS shall not be required to indemnify you or any of its Users in the event of: (i) modification of the Platform by you in conflict with your obligations or as a result of any prohibited activity as set forth herein to the extent that the infringement or misappropriation would not have occurred but for such modification; (ii) use of the Platform in combination with any other product or service not provided by btone FITNESS to the extent that the infringement or misappropriation would not have occurred but for such use; or (iii) use of the Platform in a manner not otherwise contemplated by these Terms to the extent that the infringement or misappropriation would not have occurred but for such use.

17. RELEASE AND INDEMNIFICATION

In the event you have a dispute with one or more Users of the Site or the Platform (including, but not limited to, any dispute regarding any transaction, or user generated content or), another Member or Guest, owners of any Studio location, or any third-party website or service that may be linked to or otherwise interact with the Site or the Platform, including, without limitation, any social media website, application, or service, you hereby agrees to release and forever discharges btone FITNESS and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, suppliers, distributors, vendors, attorneys and affiliates (collectively, the “released parties”) from any and all rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Site, the Platform, or your visitation of or participation in any activities at a Studio to the fullest extent permitted by law.

You further agrees to indemnify, defend and hold harmless, to the fullest extent permitted by law, the released parties from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of or in connection with your use, unlawful use or other misuse, or inability to use the Site or the Platform, your breach of these Terms, any Content or confidential information posted by you or on your behalf to the Site or Platform, or any use of a service offered by us that interacts with a third-party website or application, including any social media site or other communications platform (each, an “Indemnifiable Claim”). You shall cooperate as fully as reasonably required in the defense of any Indemnifiable Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any Indemnifiable Claim, and you shall not settle any Indemnifiable Claim without our written consent. This section survives termination of these Terms.

18. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT

btone FITNESS asks our users to respect the intellectual property of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In btone FITNESS’s sole discretion, btone FITNESS may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, btone FITNESS has adopted a policy of terminating, in appropriate circumstances and at btone FITNESS’s sole discretion, users who are deemed to be repeat infringers. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:In the event you have a dispute with one or more Users of the Site or the Platform (including, but not limited to, any dispute regarding any transaction, or user generated content or), another Member or Guest, owners of any Studio location, or any third-party website or service that may be linked to or otherwise interact with the Site or the Platform, including, without limitation, any social media website, application, or service, you hereby agrees to release and forever discharges btone FITNESS and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, suppliers, distributors, vendors, attorneys and affiliates (collectively, the “released parties”) from any and all rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Site, the Platform, or your visitation of or participation in any activities at a Studio to the fullest extent permitted by law.

You further agrees to indemnify, defend and hold harmless, to the fullest extent permitted by law, the released parties from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of or in connection with your use, unlawful use or other misuse, or inability to use the Site or the Platform, your breach of these Terms, any Content or confidential information posted by you or on your behalf to the Site or Platform, or any use of a service offered by us that interacts with a third-party website or application, including any social media site or other communications platform (each, an “Indemnifiable Claim”). You shall cooperate as fully as reasonably required in the defense of any Indemnifiable Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any Indemnifiable Claim, and you shall not settle any Indemnifiable Claim without our written consent. This section survives termination of these Terms.

btone FITNESS will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:

By Mail: Copyright Agent
c/o btone FITNESS LLC
30 Newbury St, 4th Floor
Boston, MA 02116
By E-Mail: copyright@btonefitness.com

For clarity, only DMCA Notices should go to the above e-mail address.

It is often difficult to determine if your copyright has been infringed. btone FITNESS may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and btone FITNESS may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification (as described below).

Without limiting btone FITNESS’s other rights, btone FITNESS may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by btone FITNESS.

19. DISPUTE RESOLUTION

Certain portions of this Section 19 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and btone FITNESS agree that we intend that this Section 19  satisfies the “writing” requirement of the Federal Arbitration Act. This Section 19 can only be amended by mutual agreement. Where arbitration is not permitted by the mandatory laws in your country of residence, or where the parties have not otherwise agreed to arbitration in accordance with applicable laws, the provisions of Section 20 shall apply to all relevant disputes between you and us.

19.1 First – Try To Resolve Disputes and Excluded Disputes. To the fullest extent permitted by applicable law, if any controversy, allegation, or claim arises out of or relates to the Site, the Platform, the Content, your Content, your membership, your visitation of or participation in any activities at a studio, or these Terms whether heretofore or hereafter arising (collectively, “Dispute”), or to any of btone FITNESS’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 19(D)), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 19 (A). Your notice to us must be sent to: btone FITNESS LLC, btone FITNESS LLC, 30 Newbury St, 4th Floor, Boston, MA 02116 Attention: Customer Service. For a period of sixty (60) days from the date of receipt of notice from the other party, btone FITNESS and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or btone FITNESS to resolve the Dispute or Excluded Dispute on terms with respect to which you and btone FITNESS, in each of our sole discretion, are not comfortable.

19.2 Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 19(A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND BTONE FITNESS (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SITE. The Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between btone FITNESS and you regarding these Terms and the Site. btone FITNESS and you agree, however, that Massachusetts or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and btone FITNESS regarding these Terms and the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to Massachusetts’s choice of law principles.

A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Platform Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of btone FITNESS consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require btone FITNESS to pay a greater portion or all of such fees and costs in order for this Section 18 to be enforceable, then btone FITNESS will have the right to elect to pay the fees and costs and proceed to arbitration.

19.3 Limited Time To File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 19(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

19.4 Injunctive Relief. To the fullest extent permitted by applicable law, the foregoing provisions of this Section 19 will not apply to any legal action taken by btone FITNESS to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, and/or btone FITNESS’s intellectual property rights (including such btone FITNESS may claim that may be in dispute), btone FITNESS’s operations, and/or btone FITNESS’s products or services.

19.5 Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 19(G).

19.6 No Class Action Matters. To the fullest extent permitted by applicable law, disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 19(B) holds that this restriction is unconscionable or unenforceable, then our agreement in Section 19(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 19(G).

19.7 Federal and State Courts in Boston, Massachusetts. Except to the extent that arbitration is required in Section 19(B), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Boston, Massachusetts. Accordingly, you and btone FITNESS consent to the exclusive personal jurisdiction and venue of such courts for such matters.

20. OTHER DISPUTE RESOLUTION WHERE ARBITRATION IS NOT AVAILABLE

This Section 20 applies to all users of the Site, if, and only to the extent that, the mandatory laws in your country of residence do not permit arbitration of Disputes in accordance with Section 18 or the parties have not otherwise agreed to arbitration if required by applicable law.

20.1 Section 20 Disputes. To the fullest extent permitted by applicable law, if any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site, the Content, these Terms, whether heretofore or hereafter arising or to any of btone FITNESS’s actual or alleged intellectual property rights (collectively, a “Section 20 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 20 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 20.A. Your notice to us must be sent to: btone FITNESS LLC, 30 Newbury St, 4th Floor, Boston, MA 02116 Attention: Customer Service. Subject to applicable law, for a period of sixty (60) days from the date of receipt of notice from the other party, btone FITNESS and you will engage in a dialogue in order to attempt to resolve the Section 20 Dispute, though nothing will require either you or btone FITNESS to resolve the Section 20 Dispute on terms with respect to which you and btone FITNESS, in each of our sole discretion, are not comfortable.

20.2 Jurisdiction. The parties agree that the state or federal courts in Cumberland County, Massachusetts shall have non-exclusive jurisdiction of any Section 20 Dispute, unless otherwise required by applicable laws of your jurisdiction of residence.

20.3 Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Section 20 Dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of Massachusetts, without regard to its conflicts of law provisions.

20.4 Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 23 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 23(A) WITHIN ONE (1) YEAR AFTER DISCOVERY OF THE SECTION 23 DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

20.5 Injunctive Relief. The foregoing provisions of this Section 20 will not apply to any legal action taken by btone FITNESS to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, and/or btone FITNESS’s intellectual property rights (including such btone FITNESS may claim that may be in dispute), btone FITNESS’s operations, and/or btone FITNESS’s products or services.

21. MISCELLANEOUS

21.1 Entire Agreement. The Agreement constitutes the entire agreement between you and btone FITNESS and governs your use of the Site and Platform, superseding any prior agreements between you and btone FITNESS (including, but not limited to, any prior versions of these Terms).

21.2 Headings. Headings in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the applicable section to which such heading applies.

21.3 Waiver. The failure of either party to enforce any provision of these Terms shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

21.4 Severability. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision will be deemed severed from these Terms and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of these Terms.

21.5 Local Laws and Export Control. The Site and the Platform provide services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of other applicable countries. You acknowledge and agrees that neither the Site nor the Platform shall be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States or any other applicable country maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Site and/or the Platform, you represent and warrant that your are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and other applicable export laws and to assume sole responsibility for obtaining licenses to export or re-export as may be required. btone FITNESS and its licensors make no representation that the Site or the Platform is appropriate or available for use in other locations. If you use or access the Site and/or the Platform from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.

21.6 Security. You acknowledge the risk that information and the Content stored and transmitted electronically through the Platform may be intercepted by third parties. You agree to accept that risk and will not hold btone FITNESS liable for any loss, damage, or injury resulting from the interception of information. The Content is stored securely and encrypted. Only btone FITNESS, with strict business reasons, may access and transfer the Content and only in accordance with the terms and conditions of the Agreement.

21.7 Third-Party Platform. You acknowledge and agrees that btone FITNESS may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the Site and the Platform.

21.8 Relationship. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between btone FITNESS and you or any other person or entity.You acknowledge and agrees that btone FITNESS may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the Site and the Platform.

21.9 Assignment; Change in Control. These Terms may not be assigned by you without the prior written approval of btone FITNESS but may be assigned without your consent by btone FITNESS to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger, consolidation, stock sale or similar. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you (if an entity) that results or would result in a direct competitor of btone FITNESS directly or indirectly owning or controlling 50% or more of such entity shall entitle btone FITNESS to terminate these Terms for cause immediately upon written notice.

21.10 Call Monitoring and Recording. For quality assurance, btone FITNESS may record and/or monitor incoming calls to, and outgoing calls from, btone FITNESS. By accepting these Terms, you also consent to any and all call recording and monitoring performed by btone FITNESS or its agents, employees and/or affiliates.

21.11 Modification to Terms. btone FITNESS reserves the right to modify the provisions of these Terms, the Privacy Policy or any other policies relating to the Site and/or the Platform at any time, effective upon posting of an updated version of these Terms, the Privacy Policy, or such other policies, if applicable, on the Site. You are responsible for regularly reviewing the Site to check for changed or updated versions thereof. Continued use of the Site and/or the Platform after any such changes shall constitute your consent to such changes.

21.12 Notice. btone FITNESS may give notice by means of an electronic mail to your e-mail address on record in btone FITNESS’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in btone FITNESS’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to btone FITNESS (such notice shall be deemed given when received by btone FITNESS) at any time by letter to btone FITNESS delivered by nationally recognized overnight delivery service or first class postage prepaid mail to btone FITNESS, in either case, addressed to:

btone FITNESS LLC
30 Newbury St, 4th Floor
Boston, MA 02116

22. QUESTIONS OR ADDITIONAL INFORMATION

If you have questions regarding these Terms or wish to obtain additional information, please send an e-mail to info@btonefitness.com.

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