TERMS & CONDITIONS
To take part in these Barre classes, you must be in good physical health. If you’ve been
told on health or medical grounds that you should not take part in physical activity and
sport, then you won’t be able to join in with our live or on-demand classes.
To perform this activity in a safe way, you must make sure that the area you use is suitable.
By taking part in this exercise and fitness session – whether live or on-demand – you agree that it is your responsibility to be aware of your own capabilities and do what you are comfortable with. Medical advice should be sought if there is any doubt. You agree to these terms and conditions.
These Terms of Services are applicable to all users of the online media services, content
distribution Services, and community providing Services for users 18 years of age or older
under the following Sites
https://www.thebarrecoach.com https://thebarrecoachstudio.com
and related domains, sub-domains, and mobile and desktop applications & TV (individually and collectively the “Services”). These Terms govern your use of The Barre Coach Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by The Barre Coach (the “Company”). These Terms of Service, including all documents referenced herein, represent the entire understanding between The Barre Coach and you regarding your use of this Site and supersede any prior statements or representations.
The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions to these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.
Users accessing and registering for the Services and uploading User-Generated Content must be at least eighteen (18) years of age. The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries or may require government authorization or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.
The Services may be used only for lawful purposes relating to streaming and related
materials. The Company specifically prohibits any use of the Services, and all users agree
not to use the Services, for any purposes other than designated by the Company.
You are prohibited from violating or attempting to violate the security of the Services,
including, without limitation, (a) accessing data not intended for such user or logging into
a server or account which the user is not authorized to access, (b) attempting to probe,
scan or test the vulnerability of a system or network or to breach security or authentication
measures without proper authorization, (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting a virus to this
Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging
any TCP/IP packet header or any part of the header information in any e-mail or
newsgroup posting, (e) a scraping or harvesting data or (f) the use of robots to skew
payouts.
Violations of system or network security or inappropriate conduct may result in civil or
criminal liability. The Company will investigate occurrences that may involve such
violations and may involve, and cooperate with law enforcement entities in prosecuting
users who are involved in such violations.
You are solely responsible for the information you input or upload to the Services, and
warrant and represent you have the right and authorization to register for the Services and
post User Generated Content. The Company reserves the right in its sole discretion to
decide whether the information you input or upload is appropriate and complies with the
Terms of Service, other Company policies, and applicable laws and regulations.
If you register for the Services, you will be asked to provide certain information including
a valid email address. You warrant and represent that all such information is current and
accurate, and will be kept up-to-date.
Company reserves the right to offer Company or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter,
unless you opt-out of receiving third party services and products.
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content. You agree to immediately notify the Company of any unauthorized use of your username and password.
The Services are offered only for video streaming and related materials and are only a
conduit for video streaming and related materials.
Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.
The Company grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on Company’s website and applications.
If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit
card. Each user agrees to maintain valid credit card information as part of your account
information when applicable
The Services allow you to access digital content on a subscription basis. The basis on
which digital content is available on the Services is indicated on the product detail page
for which you may purchase the digital content.
The Company makes no guarantees as to the resolution and quality of your digital
content when streaming. The quality and speed of your stream of digital content have
many different variables, including your connection speed, location, download speeds,
devices, player, and bandwidth.
The digital content available under specific payment plans, subscription, membership, will
change from time to time at the sole discretion of the Company. The Company makes no
guarantee as to the availability of a specific payment plan.
By purchasing a payment plan, you expressly agree that we are authorised to charge your
selected payment plan on the Payment Method you designate. You can update change
this information at any time by logging into your video library and clicking the settings tab
under the username.
Receipts are sent once the charge is successful to the registered email account. Your
subscription will continue in effect unless and until you cancel your subscription or we
terminate it. You must cancel your payment plan according to the terms of that specific
plan prior to the next charge in order to avoid billing.
The Company values user feedback. If users send creative ideas, inventions, or
suggestions, all such submissions shall be the property of the Company in whole or in
part. The Company shall own exclusively all now known or later discovered rights to the
submissions and shall be entitled to unrestricted use of the submissions for any purpose
whatsoever, commercial or otherwise, without compensation to users or any other third
party.
No part of the submissions shall be subject to any obligation of confidence and the
Company shall not be liable for any use or disclosure.
The Barre Coach and any other Company trademarks and trade names, and any variations
thereof, are and shall remain the trademarks and trade names and exclusive property of
the Company, and any unauthorized use of such trademarks and trade names is
prohibited.
The Services (including without limitation all programs, complied binaries, interface
layout, interface text, documentation, resources, and graphics) is the sole and exclusive
property of the Company and is protected by copyright, trademark, and other intellectual
property common and statutory laws of the United Kingdom and other countries.
You agree that The Barre Coach owns and retains all rights to the Services and that is
content is solely owned and controlled by the content provider and all such material are
protected and copyrighted, trademarked, and protected by copyright, trademark, and
other intellectual property common and statutory laws of the United Kingdom and other
countries.
You may not sell or modify the Services content or the Services, or reproduce, display,
publicly perform, distribute, or otherwise use the Services in any way for any purpose.
It is recommended that you consult with a physician before starting a new exercise
program and follow their safety recommendations. Exercise should be performed at a
pace that feels comfortable for you. You acknowledge that you are participating in Pilates
classes and other fitness-related classes where you will receive information and instruction
about Pilates, physical exercise, health, and wellness. You are fully aware of the risks and
hazards involved. The Barre Coach teachers, creators, owners, and distributors of this Site
and the Material available hereon are not responsible for any injuries you may experience
as a result of your use of this Site and the Material contained hereon and can accept no
liability for personal injury or damages related to participation in a session online via
zoom, in person or prerecorded on the
www.thebarrecoach.com
website, https://thebarrecoach.uscreen.io/
membership platform, and Instagram @the_barrecoach . You voluntarily accept and
assume any and all risks, known or unknown, associated with Your Use of the Site and our
Services including, without limitation, the risk of physical or mental, or emotional injury.
These sessions are not a substitute for medical counselling, treatment, or rehabilitation. If
you have any doubts about the suitability of the exercises, you should refer back to your
medical practitioner. You confirm you do not have any injuries, are fit and healthy, and
have permission to exercise.
Users may have the option to Instagram, Twitter, Facebook, or other social networking services through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services. The Barre Coach social media channels may share content you have shared in regards to the Services.
If the Services require or include downloadable software such as an app, or use of the
software provided by the Company for Publishers, the Company grants a personal,
limited, non-exclusive, and non-transferable license to use the Software, all portions
thereof, all documentation, and all updates (individually and collectively the “Software”)
only for the purposes relating to video streaming and related activities through
https://www.thebarrecoachstudio.com
Users shall not modify, alter, create derivative works, decompile, reverse engineer,
disassemble, include in other software, translate the Software, or use the Software for any
other purpose.
Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute
or otherwise transfer the Software or this license.
This License does not allow users to use the Software on any device that the user does
not own or control, and the user may not distribute or make the Software available over a
network where the Software could be used by multiple devices at the same time.
Users agree that the Software, including the specific design and structure, constitute
proprietary and confidential information, trade secrets, and/or intellectual property of the
Company. You agree not to disclose, provide, or otherwise make available such
proprietary and confidential information, trade secrets, or copyrighted material in any
form to any third party, or use the proprietary and confidential information, trade secrets,
or copyrighted material for your own benefit or for the benefit of any third party.
Users acknowledge and agree that use of the Software may require the Company to
acquire the user’s mobile phone number and perhaps additional such information in order
to obtain access to Software.
Users agree that the Company may collect and use technical data and related information
that is gathered periodically to facilitate the provision of updates, product support, and
other services. The Company may use this information, as long as it is in a form that does
not personally identify a user.
The Company shall have the right, and you agree, that in its sole discretion and with
reasonable posted notice and/or sent to your email address, to revise, automatically
update, or otherwise modify the Software, at any time. Users continued use of the
Software constitutes acceptance of and agreement to such changes.
This License is effective until terminated by the user or the Company at its sole discretion.
User’s rights under this license will terminate automatically without notice if the user fails
to comply with any terms of this License. Upon termination, the User shall cease all use of
the Software and delete all versions of the Software possessed by the user.
The warranty and limitation of liability provisions set forth below apply also to the use of
the Software.
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER
REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION
OR SERVICES PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THOSE
COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT
OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.
THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY
E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT
SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION, OR ALTERATION
WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY
LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR
AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY
ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF
E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE
CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART,
OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS
INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION
YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR
LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF
SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS
THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION
OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S
CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF
THEIR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER
UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS
AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS, OR AGENTS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING
FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR
FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS,
OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO
AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL
DISTRESS, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION
APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE
TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF
THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT,
TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF
ANY, PAID FOR THE SERVICES.
THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR
INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE
THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE
SERVICES.
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT, OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
By using the Services you consent to receive electronic communications from the Company. These communications will include, emails about the account, password, access, marketing, transactional and other information related to the Services and to your account.
Use of the Sites is governed by English law, and you agree to submit any claim or dispute arising in relation to, out of, or in connection with the Sites (and any use you make of any of them or the services and/or opportunities offered through them) to the exclusive jurisdiction of the English courts.
If you have any questions concerning the Site or any of the policies set forth in these Terms of Service, please contact me at Email: gen@thebarrecoach.com
