Saturday Sweat featuring Barry’s Nash

Liability Waiver
LIABILITY WAIVER, NON-RECORDING,

NON-HARASSMENT, AND

ARBITRATION OF DISPUTES AGREEMENT



General Assumption of Risk & Limitation of Liability

By signing this contract, enrolling online, attending classes, events, activities, and/or other programs of Barry’s whether online, in a Barry’s studio, or using Barry’s equipment (collectively, Barry’s “Services”), you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives, and/or assigns (collectively “you” and/or “yourself”) that (a) there are certain inherent risks and dangers in the strenuous nature of the Barry’s workout program, (b) you have voluntarily chosen to participate in an intense physical exercise program, (c) you understand that Barry’s strongly recommends that you consult with your physician prior to commencing any workout regimen, (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack, and/or death, and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost, or damages Barry’s, its instructors, its members, and its employees for any injury, harm, or loss you may suffer, including death, as a result of participation in any Barry’s Services.

If you are enrolling a minor (15-18) years of age, or older if applicable in the minor’s state of residence, the above release applies equally to said minor. No one under 15 years of age may participate. A minor 15-18 years of age may participate only with a parent or legal guardian present.



Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic



Barry’s takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, Barry’s cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending classes, events, and/or activities at Barry’s may place you in close physical contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members, and/or your guests may be exposed to or infected by COVID-19 at a Barry’s studio and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 at Barry’s may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Barry’s employees and members.



By signing this document, enrolling online, and/or attending in person classes, events, activities, and other programs and/or entering the Barry’s studio facilities, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks related to COVID-19 and accept sole responsibility for any COVID-19 related injury, illness, damage, loss, claim, liability, or expense of any kind (including, but not limited to, personal injury, disability, and/or death) that may occur to you or your family members in connection with attendance at Barry’s or as a result of participation in Barry’s Services (“Claims”), and (b) covenant not to sue Barry’s, its instructors, clients, and employees for the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto based on the actions, omissions, or negligence of Barry’s, its instructors, its members, and its employees, whether a COVID-19 infection occurs before, during, or after entering Barry’s studio facilities or participating in any Barry’s Services. You also acknowledge that some states do not allow waiver of certain types of risks so the above limitations may not all apply to you.



Non-Recording of Live Studio/Online Classes Agreement



You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live Barry’s classes, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of Barry’s. Barry’s studio teams and instructors are not authorized to provide consent. This includes even a temporary recording/transmission of a live Barry’s online class via online platforms such as SnapChat, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a Barry’s online or studio class before and/or after a class with the consent of each participant who is identified in your content.

Any violation of this policy is grounds for exclusion from future participation in any Barry’s classes. You further agree to indemnify, defend, and hold harmless Barry’s, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable attorneys’ fees) resulting from your violation of this policy.



Non-Harassment Policy



Barry’s disapproves of any unwelcomed, inappropriate, and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any Barry’s personnel or any Barry’s member, including while participating in a Barry’s At-Home Individual or Group Class, at a Barry’s studio, or any other Barry’s-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that the conduct is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of the studio team if the harassment takes place in a studio or email the Client Experience team at concierge@barrys.com if the harassment takes place digitally or if you feel more comfortable reporting the harassment by email.

When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.

Barry’s will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. Barry’s responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations and the outcome of the investigation. Barry’s strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore, confidentiality cannot be guaranteed.

Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration of Disputes Agreement below.



ARBITRATION OF DISPUTES AGREEMENT



Please Read the Following Carefully – It May Significantly Affect Your Legal Rights Including Your Right to File a Lawsuit in Court



If you and Barry’s do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued over a dispute arising out of this agreement, either party may initiate binding arbitration. All claims arising out of or relating to your use of the Services (including the formation, performance, and breach of this arbitration agreement), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mediation Procedure (“AAA Rules”) if you are in the US, or the Canadian Arbitration Association (CAA) Consumer Arbitration Rules and Mediation Procedure (“CAA Rules”) if you are in Canada, excluding any rules or procedures governing or permitting class actions.



Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and Barry’s shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and Barry’s shall be subject to the Federal Arbitration Act.



The current AAA rules governing consumer arbitration may be accessed at https://www.adr.org/Consumer. Updated copies of the rules are available for review from the AAA’s website at www.adr.org.



If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Barry’s will pay the additional cost. If Barry’s is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and Barry’s will arrange to pay all necessary fees directly to AAA. Barry’s will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel, and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.



You and Barry’s understand that absent this mandatory provision, you and Barry’s would have the right to sue in court and have a jury trial. You and Barry’s further understand that the right to discovery may be more limited in arbitration than in court.



Class Action and Class Arbitration Waiver. You and Barry’s each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and Barry’s each expressly waive our respective right to file a Class action or seek relief on a Class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and Barry’s shall be deemed to have not agreed to arbitrate disputes.



Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.



Exception – Small Claims Court Claims. Notwithstanding your and Barry’s agreement to resolve all disputes through arbitration, either you or Barry’s may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.



14 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and Class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at concierge@Barrys.com and providing the following information: (i) your name, (ii) your mailing address; (iii) a statement of your wish not to resolve disputes with Barry’s through arbitration. The notice must be sent within fourteen (14) days of your agreement to the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, Barry’s will also not be bound by them.



Exclusive Venue for Litigation and Governing Law. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and Barry’s expressly consent that any litigation between you and us shall be filed exclusively in state or federal courts located in and governed by the laws of the State in which the dispute arose (except for small claims court actions which may be brought in the county where you reside) or, if in connection with Barry’s At-Home, the state in which the class was taught, without giving effect to any principles of conflicts of law. In the event of litigation, you and Barry’s agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

By clicking/tapping/touching/selecting or otherwise interacting with the “Submit” button below, you are consenting to signing this Document electronically. You agree your electronic signature (“E-Signature”) is the legal equivalent of your manual signature on this Document. You consent to be legally bound by this Document’s agreement(s), acknowledgement(s), policy(ies), disclosure(s), consent term(s) and condition(s). You consent to be legally bound by BrandBot’s terms of service, available at https://www.brandbot.com/legal/terms-of-service. You agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature. You may request a paper version of an electronic record by writing to us. We reserve the right to charge a reasonable fee for the production and mailing of a paper version of the record. Your current valid email is required for all communications.