Terms of service

WEBSITE TERMS AND CONDITIONS

You should read this notice carefully before accessing this site (barrecode.co). You must not use this site in any way, unless you agree to all the terms and conditions below. By accessing this site, you accept without any limitations or qualification, all of these terms and conditions.

INTRODUCTION

www.barrecode.co is accessible to anyone with internet access. Access to and the use of this site, and the information and products contained herein, are subject to these Terms and Conditions and all applicable laws and regulations. By accessing this site, you accept without any limitations or qualification, all of these terms and conditions.

CHANGES TO THE TERMS AND CONDITIONS

barrecode.co reserves the right to change any or all of the Terms and Conditions at any time. It is your responsibility to review this page and accept these Terms and Conditions. If you do not agree with any of these Terms and Conditions, you must immediately cease using this Site.

ELIGIBLE USERS

Our Site is a general audience site that is neither designed nor intended to collect personal information from children under the age of 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any personal information on this Site. We ask that parents supervise their children while online.

COPYRIGHT AND TRADEMARK

The Barre Code® values all aspects of its business. Accordingly, unless otherwise noted, all materials on the Site are protected, as are the copyrights, trade dress, trademarks, and/or other intellectual properties owned by The Barre Code® or by other parties that have licensed their material to The Barre Code®. All rights not expressly granted are reserved.

INDIVIDUAL USE

Your use of the materials included on our Site is for informational and shopping purposes only. You agree that you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way. You agree to indemnify, defend, and hold harmless The Barre Code® for any and all unauthorized uses you may make of any material on the Site. You acknowledge the unauthorized use of the contents could cause irreparable harm to The Barre Code® and that in the event of an unauthorized use; The Barre Code® shall be entitled to an injunction in addition to any other remedies available at law or in equity.

FEEDBACK AND SUBMISSIONS

You agree that you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive, or obscene. You agree that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). While we appreciate your interest in The Barre Code®, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, product technology, or other suggestions you may have developed. Consequently, any material you submit to this Site will be deemed a grant of a royalty-free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived.

LIMITATION OF LIABILITY

To the extent allowed by applicable law, The Barre Code® shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Site or the performance of the products, even if The Barre Code® has been advised of the possibility of such damages.

ERRORS

We endeavor to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on our Site may contain incomplete data, typographical errors, or inaccuracies. Errors are wholly unintentional, and we apologize if erroneous information is reflected in price or availability of goods or services. We present our content “as is” and make no claims to its accuracy, either express or implied. We reserve the right to amend errors or to update information at any time without prior notice.

WARRANTY AND DISCLAIMER

To the extent allowed by applicable law, The Barre Code® does not make any warranties or representations regarding the use of the materials in its Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. The Barre Code® does not guarantee that the functions contained in the Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if The Barre Code® is aware of them.

PRODUCT SALES AND AVAILABILITY

All prices displayed on our Site are quoted in U.S. Dollars, and are valid and effective only in the United States. The Barre Code® reserves the right without prior notice to discontinue or change specifications on products and services offered on this Site without incurring any obligations.

JURISDICTIONAL

Any dispute arising from these terms shall be resolved exclusively in the state and federal courts of the State of Texas. The Barre Code® makes no representation that materials in this Site are appropriate or available for use in other locations. If you access the Site from outside the United States, be advised that the Site may contain references to products and services that are not available or are prohibited in your country.

STUDIO LIABILITY WAIVER

Agreement and Terms of Service

This Agreement and Terms of Service are entered into by and between you (sometimes referred to as "Client"),The Barre Code River North, LLC ("The Barre Code," "we," "us," or "Studio"). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, the "Agreement"), govern your access to any The Barre Code class, service, or engagement, as well as your use of www.barrecode.co, including any content, functionality, and services offered on or through www.barrecode.co (the "Website"), whether as a guest or a registered user. Please read this Agreement carefully. By attending a class, receiving service, or by using the Website , you accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement, you must not access or use the Website, attend a class, or receive a service. 

THIS AGREEMENT CONTAINS RELEASES, PLEASE READ THOROUGHLY.

Booking Policy

To book a class at The Barre Code, you must have a valid class credit or membership to reserve. To buy an individual class credit or membership, you can sign up on barrecode.co by using your email and creating a password or if you are already registered, click login to buy a class credit or membership and make your reservation.

You must sign in with the front desk upon arrival or via the mobile check-in feature on our app. If you do not sign in, we may release your spot in class to another guest or charge a no-show fee. Please do not assume the front desk know that you are in attendance. Additionally, signing in for other clients is prohibited.

Studio Policies

The full studio’s policies are found here: www.barrecode.co/pages/studio-policies

Class Cancellation Policy (applicable to all class purchases)

You must cancel class online or via the mobile app before the start of class and before your studio’s cancellation cut-off window if you are no longer able to attend. Your studio’s cut-off window is outlined within their individual studio page under “Studio Policies.” 

We do not take cancellations over e-mail or voicemail. If you do not cancel yourself out of class before class starts, before the designated cut-off time, and/or do not show up for class, you will be charged a late cancel fee. If you are on the waitlist, you may be added to class up to one hour before the start of class. If you do not plan to come to class, please remove yourself from the waitlist to avoid the late cancel fee.

Credit & Membership Considerations

You can cancel your membership at any time by logging into your account and clicking into the membership you wish to cancel, and selecting "cancel." Friendly reminder that your membership will continue renewing until cancelled.

If you are traveling or will be out of town, we can place your monthly membership on hold for a fee. You can place a hold on your membership for one-month-periods at a time.

Please take a look at our package-specific policies. Our class packs must be used by a certain period of time. Some monthly memberships have a minimum commitment.

Membership Cancellation Policy (applicable to memberships only)

You must cancel your membership before the start of your next billing cycle in order to avoid auto-renewal for the following month. Note that if you do cancel your membership you may be subject to new pricing terms and conditions when returning to The Barre Code in the future. To avoid this, we recommend you request a membership hold. Regardless of when you request the cancellation, you can still utilize your membership through the end of the current cycle.

Photo and Video Release

Client hereby grants to the Releasees the absolute and irrevocable right and permission, with respect to the videos and photos that have been and/or will be taken of Client, or in which Client may be included with others, to copyright the same, to use, re-use, publish and re-publish the same in whole or in part, individually or in conjunction with other videos and photos, and in conjunction with any and all media now or hereafter known, and for illustration, promotion, art, advertising and trade, or any other related purpose, and to use Client's name in connection therewith if the Releasees so chooses

Client hereby releases and discharges the Releasees from any and all claims and demands arising out of or in connection with the use of these videos and photos, including without limitation any and all claims for libel or invasion of privacy.

This authorization and release shall inure to the benefit of the shareholders, officers, directors, heirs, legal representatives, licensees, successors, and assigns of the Releasees.

Property Loss

The Barre Code is in no way responsible for the safekeeping of any personal belongings. I agree that neither I, my heirs, assignees, or legal representative will sue or make any other claims of any kind whatsoever against The Barre Code, including, but not limited to, its management and staff for property damage or loss.

Risks and Discomforts

There are inherent risks associated with barre work, cardio, strength training, and other forms of vigorous physical activity. Participation in fitness programs may result in acute muscle and/or joint pain, pulled muscles, brief changes in blood pressure, feelings of lightheadedness, dizziness, delayed onset muscle soreness, and conditions including, but not limited to, tendinitis and other discomforts. Participants can and should stop at any point during exercise if they are experiencing discomfort. It is The Barre Code’s policy to call 911 immediately if a participant is observed to be in distress.

Waiver and Assumption of Liability

You acknowledge and agree that: (i) there are risks associated with any physical activity, the use of exercise equipment, and participation in an exercise program; (ii) participation in Studio and use of exercise equipment is undertaken by you voluntarily; and (iii) such use and participation may include the risk of serious bodily injury or death. You assume all risk associated with the services provided by, or related to, the Releasees.

You understand and acknowledge that neither the Releasees nor their personnel have expertise in diagnosing, examining, or treating any health condition. If you experience any illness, injury, discomfort, impairment or other health concern prior to or during a session, you agree to (i) immediately inform Studio personnel of any health concern you may have. 

The Releasees will not be liable for any personal or property injuries, damages, loss or theft, even in the event of negligence, fault or failure to use due care on the part of the Studio, and irrespective of whether such negligence, fault, or failure to use due care is present at the signing of this agreement or takes place thereafter.

COVID-19 PLAN; CLIENT ASSUMPTION OF RISK AND RELEASE OF LIABILITY

Studio Operation 

As part of creating a safe environment for our clients and employees, we are requesting that our employees, members, and patrons cooperate in complying with the following rules and policies:

Do not come to the studio if:

  1. You have been diagnosed with coronavirus; 
  2. You have been in contact with someone who has recently had the coronavirus; or
  3. You are feeling sick, have a fever, have a cough, or are experiencing general difficulty breathing.
  4. Maintain good hygiene and wash your hands frequently. 
  5. Wipe down all equipment after use. 
  6. Bring your own water bottle, towel, hand sanitizer and other personal use items with you to the studio. We will use commercially reasonable efforts to have soaps, hand sanitizer, and other hygiene products available in studio. 
  7. Abide by any face mask/covering rules in the place where your studio operates. We highly recommend wearing a face mask.
  8. Abide by any physical distancing rules in the place where your studio operates. We recommend at a minimum that you keep a distance of no less than 6 feet from other staff and members when at the studio. The Barre Code reserves the right to limit occupancy and class size in order to maintain effective physical distancing practices.
  9. Review all CDC guidelines regarding preventing yourself from being infected with coronavirus, which you can access here: https://www.cdc.gov/coronavirus/2019-ncov/index.html.

These regulations are not intended to be comprehensive and may be modified at any time. Once again, your health and safety while in the studio is extremely important. We expect that you, our members and other staff abide by the rules and guidelines herein.

Notwithstanding anything herein to the contrary, The Barre Code reserves the right to enforce any or all of these rules, including, as we may reasonably determine, by denying an employee, member, or patron entry into the studio, or requiring that an employee, member, or patron leave the studio.

ASSUMPTION OF RISK AND RELEASE OF LIABILITY RELATING TO CORONAVIRUS / COVID-19 (this “Agreement”)

Coronavirus (COVID-19) has been declared a worldwide pandemic by the World Health Organization. Coronavirus is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state and local governments and federal and state health agencies recommend physical distancing and have, in many places, prohibited the assembly of large groups (usually of 10 or more).

You acknowledge that The Barre Code has put in place certain regulations and taken certain preventative measures, to reduce the spread of coronavirus within the facility; however, The Barre Code cannot guarantee that you, your guests or your family will not be exposed to or become infected with coronavirus. You understand that by accessing the studio, you may be putting you, your guests and/or your family at increased risk for contracting coronavirus. You further acknowledge that individuals with health conditions such as heart disease, cancer or diabetes may be more likely to suffer more severe symptoms as a result of contracting the coronavirus. 

By purchasing any classes or memberships and signing the agreements, you (referred to below as “I”) understand, acknowledge and agree to the following statements:

  • I assume the risk that I, my guests and/or my child(ren) may be exposed to or become infected with coronavirus and that such exposure and/or infection may result in personal injury; illness, causing mild symptoms such as, fever or body aches, or more severe complications, such as pneumonia or organ failure; permanent disability or death; and
  • I understand that the risk of exposure to or infection with coronavirus may result from the acts, omissions, or negligence or myself or others, including but not limited to, other employees, owners and the members of The Barre Code; and
  • I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, my guests or my family (including, but not limited to, personal injury, disability or death), illness, damage, loss, claim, liability or expense (including medical bills, attorneys’ fees and court costs), or any kind, that I, my guests or my family may experience or incur in connection with my access to the studio or conducting or participating in the services provided by The Barre Code (collectively, “Claims”); and
  • I hereby release, covenant not to sue, discharge and hold harmless The Barre Code studio, its franchisor, and each’s employees, agents, owners, representatives, and affiliates (collectively “Releasees”), of and from all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or related to my access to the studio or conducting or participating in the services provided by The Barre Code, whether arising out of the negligent or grossly negligent acts or omissions of any Releasee or otherwise, and whether any coronavirus infection or exposure occurs before, during or after access to the studio or participation in any of the services provided by [studio]; and
  • I understand that by making a purchase and signing the agreement, I am waiving any and all Claims, including those Claims that may be unknown to me, or which I do not suspect to exist at this time. IF I AM A RESIDENT OF CALIFORNIA, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

  • I understand and agree that this this Agreement shall be in addition to, and not in lieu of, any other assumption of risk provisions or releases of liability as may be found in my employment documents or handbook, and that such assumption of risk and releases of liability provisions remain fully intact.
  • If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court or arbiter declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement. Releasees are third-party beneficiaries to this Agreement and shall have the right to enforce this Agreement as if Releasees were a party hereto.

Responsibilities of the Participant

It is necessary to notify your physician of your participation in any exercise program, particularly if you are receiving ongoing care for a health condition. Adhere to any recommendations of the physician with regard to the choice and intensity of exercises you perform. You should not exercise when you are feeling sick or otherwise unwell. You understand that it is your responsibility to notify us of any particular medical conditions you may have and to refrain from using equipment if you have certain allergies to materials such as latex. YOU AGREE THAT YOU ARE PARTICIPATING IN THE BARRE CODE’S WORKOUT PROGRAM AT YOUR OWN RISK.

Pregnant Clients

All pregnant clients (recurring and new) must adhere to any recommendations provided by their physician in regards to the choice and intensity of exercises performed. Pregnant clients understand that it is their responsibility to only perform the exercises and workout routines as prescribed by their physician, and are participating in The Barre Code’s workout program at their own risk. Pregnant clients are not permitted to take Burn and BurnRestore class formats.

Liability Waiver Acknowledgement

Client understands that the activities Client is voluntarily participating in at a Studio or online present an inherent risk and Client acknowledges and agrees to assume any and all risks of bodily injury, death, disability, or property damage, whether those risks are known or unknown. Client forever release the Releasees. and their related entities, respective directors, officers, employees, volunteers, agents, and contractors (collectively, “) from any and all actions, claims, or demands that Client, its assigns, heirs, guardians, next of kin, spouse and legal representatives now have, or may have in the future, for injury, death, disability or property damage related to (i) Client's participation in these activities, (ii) the negligence or other acts, whether directly connected to these activities or not, and however caused, by any Releasee, or (iii) the condition of the premises where these activities occur, whether or not Client is then participating in the activities. Client also agree that it, its assignees, heirs, distributes, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the foregoing release.

The Barre Code may revise its terms and conditions by updating this posting. By using this Website or our mobile app, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound. 

By making a purchase and signing the agreement, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, HAVE BEEN GIVEN THE OPPORTUNITY TO REVIEW ITS TERMS WITH MY LEGAL COUNSEL, AND AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE ACTIVITIES.