Terms of Use

We, TheFolded Leaf, provide it as a public service to our users.

Please carefully review the following basic rules that govern your use of the Website.

Please note that your use of the Website constitutes your unconditional agreement to

follow and be bound by these Terms and Conditions of Use. If you (the "User") do not

agree to them, do not use the Website, provide any materials to the Website or

download any materials from them.

The Operators reserve the right to update or modify these Terms and Conditions at any

time without prior notice to User. Your use of the Website following any such change

constitutes your unconditional agreement to follow and be bound by these Terms and

Conditions as changed. For this reason, we encourage you to review these Terms and

Conditions of Use whenever you use the Website.

These Terms and Conditions of Use apply to the use of the Website and do not extend

to any linked third party sites. These Terms and Conditions and our Privacy

Policy(shown in footer of website), which are hereby incorporated by reference, contain

the entire agreement (the “Agreement”) between you and the Operators with respect to

the Website. Any rights not expressly granted herein are reserved.

Permitted and Prohibited Uses:

You may use the the Website for the sole purpose of taking the barre classes that are

offered. You may not upload or transmit any material from this website. In order to use

our website and/or receive our services, you must be at least the legal age of majority in

your jurisdiction, and possess the legal authority, right and freedom to enter into these

Terms as a binding agreement. You are not allowed to use this website and/or receive

services if doing so is prohibited in your country or under any law or regulation

applicable to you. When buying an item, you agree that: (i) you are responsible for

reading the full item listing before making a commitment to buy it: (ii) you enter into a

legally binding contract to purchase an item when you commit to buy an item and you

complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website.

We reserve the right to change our prices for products displayed at any time, and to

correct pricing errors that may inadvertently occur. Additional information about pricing

and sales tax is available on the payments page.

Once a payment has been completed, there is no refunds on the products/memberships

purchases. You will be able to cancel memberships, depending on charging plan,

before the next one is billed. We may, without prior notice, change the services; stop

providing the services or any features of the services we offer; or create limits for the

services. We may permanently or temporarily terminate or suspend access to the

services without notice and liability for any reason, or for no reason.

 

Use of Personally Identifiable Information:

Information submitted to the Website is governed according to the Operators’s current

Privacy Policy (shown in footer of website), offered above.

You agree to provide true, accurate, current, and complete information when registering

with the Website. It is your responsibility to maintain and promptly update this account

information to keep it true, accurate, current, and complete. If you provides any

information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have

reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate,

incomplete, or not current, we reserve the right to suspend or terminate your account

without notice and to refuse any and all current and future use of the Website.

Although sections of the Website may be viewed simply by visiting the Website, in order

to access some Content and/or additional features offered at the Website, you may

need to create an account or purchase a membership. If you create an account on the

Website, you may be asked to supply your name, address, a User ID and password.

You are responsible for maintaining the confidentiality of the password and account and

are fully responsible for all activities that occur in connection with your password or

account. You agree to immediately notify us of any unauthorized use of either your

password or account or any other breach of security. You further agree that you will not

permit others, including those whose accounts have been terminated, to access the

Website using your account or User ID. You grant the Operators and all other persons

or entities involved in the operation of the Website the right to transmit, monitor,

retrieve, store, and use your information in connection with the operation of the Website

and in the provision of services to you. The Operators cannot and do not assume any

responsibility or liability for any information you submit, or your or third parties’ use or

misuse of information transmitted or received using website. To learn more about how

we protect the privacy of the personal information in your account, please visit our

Privacy Policy. (shown in footer of website).

Indemnification:

You agree to defend, indemnify and hold harmless the Operators, agents, vendors or

suppliers from and against any and all claims, damages, costs and expenses, including

reasonable attorneys' fees, arising from or related to your use or misuse of the Website,

including, without limitation, your violation of these Terms and Conditions, the

infringement by you, or any other subscriber or user of your account, of any intellectual

property right or other right of any person or entity.

Termination:

These Terms and Conditions of Use are effective until terminated by either party. If you

no longer agree to be bound by these Terms and Conditions, you must cease use of the

Website. If you are dissatisfied with the Website, their content, or any of these terms,

conditions, and policies, your sole legal remedy is to discontinue using the Website. The

Operators reserve the right to terminate or suspend your access to and use of the

Website, or parts of the Website, without notice, if we believe, in our sole discretion, that

such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the

interests, including but not limited to, intellectual property or (iii) where the Operators

have reason to believe that you are in violation of these Terms and Conditions of Use.

 

WARRANTY DISCLAIMER:

 

WE DO NOT REFUND PURCHASES OR CLASSES. IF YOU CANCEL A CLASS YOUR ACCOUNT WILL BE CREDITED, IF YOU 'NO SHOW' YOU WILL NOT BE REFUNDED. ALL MEMBERSHIPS ARE BINDING AND WILL NOT BE TERMINATED AFTER PURCHASE.

Some states do not allow the exclusion or limitation of incidental or consequential

damages or allow limitations on how long an implied warranty lasts, so the above

limitations or exclusions may not apply to you. This warranty gives you specific legal

rights, and you may also have other rights that vary by state to state.

 

LIABILITY:

BY ACCEPTING THIE TERMS OF USE YOU ARE AGREEING TO OUR LIABILITY

RELEASE THAT STATES THE FOLLOWING:

In consideration of the risk of injury while participating in "the activity”, and as

consideration for the right to participate in the activity, I herby, for myself, my heirs,

executors, administrators, assigns, or personal representatives, knowingly and

voluntarily enter into this waiver and release of liability and herby waive any and all

rights, claims of causes of action of any kind whatsoever arising out of my participation

in the Activity, and do hereby release and forever discharge The Charlie Barre, their

affiliates, managers, members, agents, attorneys, staff, volunteers, heirs,

representatives, predecessors, successors and assigns, for any physical or

psychological injury, including but not limited to illness, paralysis, death, damages,

economical or emotional loss, that I may suffer as a direct result of my participation in

the aforementioned Activity, including traveling to and from an event related to this

Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I

AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE

OF THIS RISK ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH

MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL

INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR

PERMANENT DISABILITY(INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL

LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY

ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO

TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I

ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY

PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING

THIS ACTIVITY.

I agree to indemnify and hold harmless The Folded Leaf against and and all claims,

suits or actions of any kind whatsoever for liability, damages, compensation or

otherwise brought by me or anyone on my behalf, including attorney’s fees and any

related costs, if litigation arises pursuant to any claims made by me or by anyone else

acting on my behalf. If The Folded Leaf incurs any of these types of expenses, I agree

to reimburse The Folded Leaf.

I acknowledge that The Folded Leaf and their directors, officers, volunteers,

representatives and agents are not responsible for errors, omissions, acts or failures to

act of any party or entity conducting a specific event or activity on behalf of The Folded Leaf.

I acknowledge that this Activity may involve a test of a person’s physical and mental

limits and may carry with the potential for death, serious injury, and property loss. The

risks may include, but are not limited to, those caused by terrain, facilities, temperature,

weather, lack of hydration, condition of participants, equipment, vehicle traffic and

actions of others, including but not limited to, participants, volunteers, spectators,

coaches, event officials and event monitors, and/or producers of the event.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE”

AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY

AGREE TO RELEASE AND DISCHARGE THE CHARLIE BARRE AND ALL OF ITS

AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS,STAFF,

VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS

AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I

AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE

HAVE TO BRING A LEGAN ACTION AGAINST THE CHARLIE BARRE FOR PERSON

INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this

release is also for negligence on the part of The Folded Leaf, its agents, and

employees.

In the event that I should require medical care or treatment, I agree to be financially

responsible for any costs incurred as a result of such treatment. I am aware and

understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my or my

family’s willful actions, neglect or recklessness, I acknowledge and agree to be held

liable for any and all costs associated with any actions of neglect or recklessness.

This agreement was entered into at arm’s-length, without duress or coercion, and is to

be interpreted as an agreement between two parties of equal bargaining strength. Both

the Participant and The Folded Leaf agree that this Agreement is clear and

unambiguous as to its terms, and that no other evidence will be used and admitted to

alter or explain the terms of this Agreement, but that it will be interpreted based on the

language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed

to be severable or invalid, or if any term, condition, phrase or portion of this agreement

shall be determined to be unlawful or otherwise unenforceable, the remainder of this

agreement shall remain in full force and effect, so long as the clause served does not

affect the intent of the parties. If a court should find that any provision of this agreement

to be invalid or unenforceable, but that by limiting said provision it would become valid

and enforceable, then said provision shall be deemed to be written, construed and

enforced as so limited.

I, the participant, affirm that I am of the age of 18 years or older, and that I am freely

signing this agreement I certify that I have read this agreement, that fully understand its

content and that this release cannot be modified orally. I am aware that this is a release

of liability and a contract and that I am signing it of my own free will, by accepting this

terms of use.

General:

The Website is hosted in the United States. The Operators make no claims that the

Content on the Website is appropriate or may be downloaded outside of the United

States. Access to the Content may not be legal by certain persons or in certain

countries. If you access the Website from outside the United States, you do so at your

own risk and are responsible for compliance with the laws of your jurisdiction. The

provisions of the UN Convention on Contracts for the International Sale of Goods will

not apply to these Terms.

Section headings are for reference purposes only and do not define, limit, construe or

describe the scope or extent of such section. The failure of the Operators to act with

respect to a breach of this Agreement by you or others does not constitute a waiver and

shall not limit the Operators' rights with respect to such breach or any subsequent

breaches. Any action or proceeding arising out of or related to this Agreement or User's

use of the Website must be brought in the courts of the U.S., and you consent to the

exclusive personal jurisdiction and venue of such courts. Any cause of action you may

have with respect to your use of the Website must be commenced within one (1) year

after the claim or cause of action arises. These Terms set forth the entire understanding

and agreement of the parties, and supersedes any and all oral or written agreements or

understandings between the parties, as to their subject matter. The waiver of a breach

of any provision of this Agreement shall not be construed as a waiver of any other or

subsequent breach.

Links to Other Materials:

The Website may contain links to sites owned or operated by independent third parties.

These links are provided for your convenience and reference only. We do not control

such sites and, therefore, we are not responsible for any content posted on these sites.

The fact that the Operators offer such links should not be construed in any way as an

endorsement, authorization, or sponsorship of that site, its content or the companies or

products referenced therein, and the Operators reserve the right to note its lack of

affiliation, sponsorship, or endorsement on the Website. If you decide to access any of

the third party sites linked to by the Website, you do this entirely at your own risk.

Because some sites employ automated search results or otherwise link you to sites

containing information that may be deemed inappropriate or offensive, the Operators

cannot be held responsible for the accuracy, copyright compliance, legality, or decency

of material contained in third party sites, and you hereby irrevocably waive any claim

against us with respect to such sites.

Notification Of Possible Copyright Infringement:

In the event you believe that material or content published on the Website may infringe

on your copyright or that of another, please contact us.