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
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
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.
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.
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.
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
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
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
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
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
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.