EFFECTIVE: JANUARY 1, 2021.
ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY AND THOROUGHLY.
The Barre Teja Inc. (“The Barre Teja”, “BT”, “Barre Teja”, “us”, “we” or “our”) is the creator, owner and operator of this website and online community (the “Site”).
The Barre Teja provides an online fitness and wellness platform, family and community, along with related products, services, content and features that include membership platforms and personal sessions on The Barre Teja website (the “Site”), our social media accounts (individually or collectively, “Social Media”), and all other existing or potential online or offline products or services provided, endorsed or promoted by The Barre Teja (the “Services“).
Once accepted by you (the “user”, “member”, “you” or “your”), the Terms of Use become a binding legal agreement between The Barre Teja and you.
It is a condition of entering into the Terms of Use that you also read and agree to the Waiver Form and Privacy Policy Please click links for more details.
The Terms of Use, Waiver Form, Privacy Policy and any other documentation required by The Barre Teja may be updated, revised or replaced at any time or from time to time. You hereby acknowledge, accept, agree and are bound to any such documentation immediately once posted on the Site with the new effective date. It is your responsibility to continually check the Site for such postings, with or without notice by The Barre Teja.
By completing any of the following actions, you agree to be bound by all of the below terms and conditions (the “Terms of Use”):
•accepting the Terms of Use by clicking “I Accept” or “Proceed” or “Next” or “I have read” or any other similar statement on your computer or device; and/or
•otherwise using the Site (as defined below).
If you do not agree to the Terms of Use, DO NOT USE THE SITE. You are not allowed or permitted to access or visit this Site for any reason unless you agree with the Terms of Use.
For any questions regarding the Terms of Use, Waiver Form or Privacy Policy or any other documentation required by The Barre Teja, please email [email protected]
1.USER
I.AGE RESTRICTION
To use the Site and register as a member of The Barre Teja, you must be at least eighteen (18) years of age (in Canada) or of the age of majority within your country. Your use of the Site and Services is your confirmation which will be relied on by us that you are at least such age. If requested by us, you will fully and promptly cooperate to verify and provide such proof of age and identity
II.ACCOUNT CREATION & USE
To have access to specific features, membership platforms and personal sessions within the Site, it is a requirement to create a user account (a “User Account”). For such purposes, you must provide your first name, last name, email address, postal/zip code, date of birth, username and password and any additional information that may be required by us. You may not allow others to access your User Account. If you sharing a computer that others utilize, your User Account must be logged out after each use. You must immediately reach out to The Barre Teja team at [email protected]m of any indication that your User Account may have been compromised, security has been breached, or for any unauthorized use.
2.SUBSCRIPTION
I.MEMBERSHIP
To join in and have full access to membership services of The Barre Teja, your membership can be applied for and purchased at www.thebarreteja.com.
The Barre Teja may, in its sole discretion, adjust, update and modify membership subscription fees (with or without promotional codes, discounts or free trial periods) and membership programs or packages available at any time or from time to time. You will be notified by us of any such change and the effective date prior to the next billing cycle.
II.PAYMENTS
As a member of The Barre Teja, you hereby acknowledge and agree to pay the applicable membership charges when due and payable (on top of applicable taxes or additional fees).
If payment is not received when due and payable for any reason, your membership access may be terminated or put on hold.
III.CANCELLATION AND TERMINATION
Cancellation by you of your membership can be done at any time and will terminate your access to all membership features and benefits. After cancellation, you may continue use your membership access until the end of the then-current billing period and will not be renewed after that cycle has completed. The cancellation of a membership does not entitle you to any prorated refunds.
Notwithstanding anything else set out in the Terms of Use, The Barre Teja has the right, in its sole discretion, to immediately put on hold, suspend, block, delete or terminate your Subscriptions or User Account and membership without notice or other warning if: (i) inaccurate User Account information has been provided by you; (ii) there is any outstanding or overdue payment; (iii) engagement in inappropriate behavior including but not limited to acts of harassment, threats or abuse; (iv) violation of The Barre Teja Terms of Use or the law. Any and all data may be deleted, blocked or removed without any notification and no new account, profile or username may be created for the deleted member. In the event of account termination or deletion, user content may not be available and The Barre Teja will not be held accountable for any lost Account User information.
All payments for membership and personal sessions of The Barre Teja are final and non-refundable.
3. YOUR SAFETY & WELLNESS
Using the Site for your health and fitness purposes is done at your own risk.
You hereby acknowledge and agree that there are significant risks involved in all aspects of athletic activities and physical training, as well as those activities led by The Barre Teja.
These risks include but are not limited to: falls which can result in serious injury; injury due to negligence on the part of yourself, instructor, or other people around me; injury due to improper use or failure of equipment; strains and sprains. All of these and other risks may result in serious injury or even death. Movements with The Barre Teja programs and sessions may involve weightlifting, bodyweight exercises and other exertion activities, which can elevate the heart rate and can put the body under stress.
You are not obligated to perform nor participate in any activity that you do not wish to do and that you have the right to refuse such participation at any time during your workout. If you feel light-headed, faint, dizzy, nauseated or experience pain or discomfort, you are to stop the activity and inform a health care professional immediately.
Remember, not all exercises and programs are suitable for everyone. As modifications are presented throughout workouts, it is up to your discretion to decide which movement is right for your body and acknowledge that moving beyond your limits can cause serious damage.
Prior to becoming and joining as a member of The Barre Teja , you hereby affirm that you have consulted with a healthcare professional and have received permission to partake in our exercise programs and sessions – especially if you have a history of health problems, chronic medical conditions, pregnant, nursing, elderly or have any pre-existing injuries.
By agreeing to the Terms of Use, you willingly assume full responsibility for the risks that you are exposing yourself to and accept full responsibility for any injury or death that may result from participation in any activity, session or class while at, or under direction of The Barre Teja.
4. DISCLAIMERS. LIMITATION OF LIABILITY. INDEMNIFICATION.
I. DISCLAIMERS
The Site is meant for educational and information purposes only in terms of health, fitness nutrition and overall healthy living. The information provided on the Site does not substitute or replace the advice, guidance or treatments provided by your medical professionals.
If you have any questions regarding your health and well-being, please seek the advice of a health-care professional or physician.
The Barre Teja is not responsible, accountable or financially liable for any negligence by you, nor for any losses or damages as a result of, or failure to use, the features, workouts or any programs within the Site, membership programs or personal sessions.
The Terms of Use bind not only you, but also bind and are not limited to your successors, representatives, heirs, executors or permitted assigns (as the case may be).
The Barre Teja aims to provide a flawless, accurate user experience, but we do not warrant, exemplify or authorize that the Site is complete, protected, reliable, uninterrupted, error-free (e.g. typographical, content upload), current, precise and free of any damaging components or viruses. From time to time, the Site may also be interrupted due to upkeep, maintenance, technological problems, network overload or any other issue, beyond the control of The Barre Teja. Any flaws, corrections, mistakes, faults or issues to the Site will be corrected, updated and fixed in a timely fashion, but we are under no liability during those times where the Site is inaccessible or under repair. Certain software updates and installations may be required to access the Site to continuing using it to its full potential, and you do so at your own risk.
II. LIMITATION OF LIABILITY
Under no circumstances, to the maximum extent of applicable laws, will The Barre Teja or its principals, owners, directors, officers, agents, employees, trainers and volunteers be liable for any indirect, subsidiary, unique, punitive, substantial, consequential damages. This furthermore includes, but is not limited to any direct or indirect loss of profit, failure to capitalize on unexpected savings, potential revenues, economic gains or losses, goodwill, damage to overall wellbeing (i.e. health, injuries), system failure, user devices or any other loss in connection to: (a) the use of any information, training, instruction or other guidance obtained from the Site and The Barre Teja’s services, products, features, trainers or content; the misuse of user account, details and/or credentials; (b) the violation of privacy and intellectual property rights; (c) any and all third party content information; the failure to reach seek medical attention; and (d) any and all materials, content, information, features, services, products, suggestions and advice and other guidance obtained from the Site that results in any damages of any form.
III. INDEMNIFICATION
By agreeing to the Terms of Use, you fully understand and forego any and all assumption of risk, and fully indemnify and hold harmless The Barre Teja and its principals, owners, directors, officers, agents, employees, trainers, third party providers and volunteers for any liability for injury or death of any person and damage to property caused by your negligent or intentional acts or omissions.
5. USE & AVAILABILITY
I. OWNERSHIP RIGHTS
The Barre Teja is the sole owner of all trademarks, logos, slogans, trade names, copyrights, design rights, database rights, confidential information and other intellectual property rights (individually or collectively, the “Intellectual Property”) throughout and arising from the Site, programs, sessions, and published or posted on its Social Media, and such Intellectual Property is protected by all applicable laws. Unless otherwise expressly stated or permitted in writing by The Barre Teja, your use of The Barre Teja’s Intellectual Property is strictly prohibited.
II. LICENSE
The Barre Teja grants and permits ONLY the Account User to a specified, limited, non-transferrable, and non-exclusive personal license to utilize, view and gain access to the Site. Such license is entitled for your personal use ONLY. Under no circumstances, unless otherwise granted in writing, may the user be permitted to any of The Barre Teja’s Intellectual Property to reproduce, sell, republish, redistribute, modify, upload, repost and/or disassemble and breakdown the Site.
III. USER CONTENT
By you providing, sharing, tagging or posting any content (the “User Content”); you permit The Barre Teja full access to such material, waiving any and all rights to the contributed User Content. With respect to the User Content, you hereby grant to The Barre Teja a worldwide, royalty-free, sub-licensed, non-exclusive and transferable right to use, distribute, showcase, reproduce and utilize the User Content throughout the Site, on all its Social Media and in any other commercial manner and means for any reason.
IV. THIRD PARTY DEALINGS
The Barre Teja Site may showcase and display content offered by third party providers (“Third Party Content”) that includes, but is not limited to web links, services and products. The Barre Teja is not responsible for any information, guidance or services that may be misleading, offensive, unsuitable or incomplete in regards to the Third-Party Content. All communications, interactions or dealings with any third party for its Third-Party Content is strictly done between you and such third party, at your own risk. The Barre Teja will not be held accountable for any damages or losses resulting from any correspondence, transactions or dealings with any such third party.
V. NON-WAIVER
It is understood that The Barre Teja has not waived any of its rights or remedies outlined in these Terms of Use, unless the waiver is presented in writing and is signed by us. The failure in which The Barre Teja enforces the guidelines presented under these Terms of Use will not constitute a surrender of rights to later enforce any other negligence under these terms.
6. COMMUNICATION
I. ELECTRONIC COMMUNICATION
Under the Terms of Use, you agree and consent to accept all communication electronically from The Barre Teja in regards to notifications, disclosures, updates and updates. In regards to any newsletters sent out through your membership; you will be able to unsubscribe at any point if you no longer want to receive our communication.
Welcome to The Barre Teja family!
