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Terms and Conditions of Use
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Introduction
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These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Barre Collective Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
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In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Barre Collective Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Barre Collective Limited and accessing the Website in connection with the provision of such services.
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You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
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Intellectual property and acceptable use
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1. All Content included on the Website, unless uploaded by Users, is the property of Barre Collective Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
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2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
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3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Barre Collective Limited.
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Prohibited use
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4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
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Registration
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5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
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Password and security
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9. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
10. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
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Links to other websites
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11. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Barre Collective Limited or that of our affiliates.
12. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
13. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
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Privacy Policy
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14. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: https://www.thebarrecollective.co.uk/privacy-policy.
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Availability of the Website and disclaimers
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15. Any online facilities, tools, services or information that Barre Collective Limited makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Barre Collective Limited is under no obligation to update information on the Website.
16. Whilst Barre Collective Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
17. Barre Collective Limited accepts no liability for any disruption or non-availability of the Website.
18. Barre Collective Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
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Limitation of liability
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19. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
20. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
21. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
22. To the maximum extent permitted by law, Barre Collective Limited accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
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General
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23. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
24. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
25. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
26. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
27. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
28. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
29. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
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Barre Collective Limited Details
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30. Barre Collective Limited is a company incorporated in England and Wales with registered number 13160747 whose registered address is 80 MANOR ROAD, Manor Road, Greater London, TW9 1YB and it operates the Website www.thebarrecollective.co.uk. You can contact Barre Collective Limited by email at hello@thebarrecollective.co.uk.
Attribution
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31. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
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Informed Consent and Waiver & Release of Liability
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32. I have volunteered to participate in a program of progressive physical exercise and have engaged the services of Barre Collective Limited for instruction. I intend to assume all risk of injury from my participation. To that end I acknowledge and agree to the following:
a. I am aware that Barre Collective Limited is here to serve me by sharing knowledge of physical fitness.
b. I recognise that these activities may at times be strenuous. By my participation in any of these activities, I present to you that I am physically fit.
c. I know that I have the right to choose which exercises I do or do not perform, in addition to withdrawing from any exercise at any time. d. The muscle and cardiovascular conditioning program at Barre Collective Limited utilises the method of stretching and strengthening used in classical ballet and pilates.
e. During and after exercise there exists a potential for muscle soreness and stiffness; any outcomes of a more serious nature are rare, including, but not limited to abnormal blood pressure, fainting, disorders of the heartbeat, and instances of heart attack and death.
f. I assume all of the foregoing risks, and accept personal responsibilities for any other damages or other injury I might suffer. It is my responsibility to ascertain that there is no medical reason to prevent my participation. I assume full risk for any injuries which I may incur and waive any claim that I might at any time for injury of any sort against Barre Collective Limited or any person or entity in any way involved herewith.
g. I have advised Barre Collective Limited of any pregnancies and have completed a Pregnancy PAR-Q (pre-screening) form advising of any contra-indications to exercise.
h. I have advised Barre Collective Limited of any relevant previous, recent or current injuries or conditions I have or have had and agree to keep this information up-to-date in my online profile.
i. If I am exercising from home or in a space not controlled by Barre Collective Limited, I have ensured that I have checked the suitability of my space and any possible hazards for exercise.
j. We recommend that you consult with your physician before beginning any online or Studio-based exercise programme.
k. Please understand that when participating in any exercise or exercise program, there is the possibility of physical injury.
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33. I take full responsibility for my personal belongings at the Studio. Barre Collective Limited prides itself on being a secure environment but, like everywhere, some theft can occur. I will therefore not bring valuable personal property to the studio and will take all reasonable precautions to protect any personal property brought to the studio. The studio shall not be liable for the loss or theft of, or damage to, the personal property of clients.
34. I have read and understand this Informed Consent and Waiver and Release of Liability and it accurately sets forth my intentions and I agree to be bound by its provisions.
35. If I am under 18 years of age, my parent or guardian has read and understood these terms and accepts responsibility on my behalf.
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Cancellations and refunds
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36. By clicking “Place Order” you confirm you have read and accepted our Terms and Conditions. Monthly subscriptions are non-refundable and non-transferable.
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37. For Live Classes:
a. All Classes are subject to our 12-hour cancellation policy. If you fail to cancel prior to 12-hours of the commencement of your scheduled class, fail to show for your class or arrive too late to take your class, you will be charged the full amount for the class.
b. The Barre Collective reserves the right to cancel In-Studio and corresponding Live Stream classes where only one In-Studio participant has booked. The credit will be immediately reimbursed upon cancellation.
c. By booking one of our workouts, you agree to the terms and conditions outlined above.