Content/StudentTermsAndConditions

BeYoga LLC dba Be Hot Yoga Student Terms & Conditions

Effective Date: December 1, 2022

These Be Hot Yoga Student Terms & Conditions (the “Student Terms & Conditions”) govern your participation in Activities as defined in the Be Hot Yoga Terms of Use and include legal terms and disclaimers. All capitalized terms not otherwise defined herein shall have the same meaning as the Be Hot Yoga Terms of Use, into which these Student Terms & Conditions are incorporated by reference.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE YOU USE OR ACCESS THE SERVICES OR ANY OF THE PRODUCTS OR ENGAGE IN ACTIVITIES THAT ARE AVAILABLE ON OR THROUGH THE SERVICES, AS THESE STUDENT TERMS & CONDITIONS AFFECT YOUR LEGAL RIGHTS.

These Student Terms & Conditions include an Arbitration Agreement, which will govern any dispute between you and us. Unless you opt out as described below, this Arbitration

Agreement will:
Eliminate your right to a trial by jury; and
Substantially affect your rights, including preventing you from bringing, joining, or participating in class, representative, or consolidated proceedings.

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Your Acceptance of These Student Terms & Conditions

By engaging in Activities, you are agreeing to comply with and be bound by these Student Terms & Conditions. If you do not agree to these Student Terms & Conditions, you may not access, use, or participate in the Activities.

These Student Terms & Conditions May Change

Be Hot Yoga reserves the right to modify or add to these Student Terms & Conditions at any time, effective as of the posting of the new or revised Student Terms & Conditions or a later date as may be specified in the new or revised Student Terms & Conditions. You agree that we may notify you of the new or revised Student Terms & Conditions by making them available via the Services, and that your use of the Services after the effective date of the new or revised Student Terms & Conditions (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new or revised Student Terms & Conditions. We therefore encourage you to review these Student Terms & Conditions every time you use the Services. We may also provide notice to you of any update to these Student Terms & Conditions in other ways in our discretion, such as through contact information you have provided, all in accordance with applicable laws and our Privacy Policy.

Your Compliance with Be Hot Yoga Rules and Directions

By participating in Activities, you agree to observe all rules and directions of Be Hot Yoga and the locations (in-studio, in person, online or otherwise) at which Activities take place (“Rules”). We reserve the right to take any action that we deem appropriate in the exercise of our discretion, including but not limited to suspension or termination of your privilege to participate in Activities, for violation of Be Hot Rules and directions.

I. BE HOT YOGA MONTHLY AUTO-RENEWING MEMBERSHIP PROGRAMS

A. POWER MEMBERSHIP PROGRAM TERMS AND CONDITIONS

The POWER Membership Program (the “POWER Membership Program”) is a program of Be Hot Yoga. The POWER Membership Program is designed to offer benefits to Be Hot Yoga members who commit to a monthly autopay membership. In addition to unlimited classes, Be Hot Yoga offers digital content benefits to POWER Membership Program members as described below. The terms and conditions of the POWER Membership Program (the “POWER Membership Program Rules”) are as follows:

1. POWER Membership Program Eligible Participants; Enrollment; Continuing Eligibility

Eligible participants in the POWER Membership Program are individuals who enroll for a monthly autopay Be Hot Yoga membership using a valid debit or credit card and maintain on file a valid debit or credit card for charges described below. As part of enrollment or continued membership, any other required membership documents, agreements, and waivers must also be completed and submitted, including any POWER Membership Program forms. To continue to be eligible in the POWER Membership Program, the participant’s membership and membership account must remain in good standing with Be Hot Yoga at all times, including, without limitation, by not freezing or canceling as described in Section E.2. below, or changing the participant’s Be Hot Yoga membership, or allowing the participant’s Be Hot Yoga membership to be terminated or lapse, and by continually maintaining payment by autopay for participant’s monthly membership fees. Once POWER Membership Program eligibility ceases, a member may not take advantage of POWER Membership Program benefits. The monthly membership rate shall be based on the location of the studio at which the member signs up and subject to any applicable promotions or discounts. Be Hot Yoga reserves the right to change the monthly membership rate from time to time, subject to any applicable discounts or promotions. Be Hot Yoga also reserves the right to adjust the member’s rate to the then-current monthly membership rate of the billing zip code associated with the member’s credit card on file if that rate differs from the applicable rate at the studio at which the member signed up or in the event the member relocates to a geography on a different price structure from the member’s original home studio, subject to any discounts or promotions the member was subject to at the time of inception of the membership.

2. Benefits of the POWER Membership Program

As of the date of these POWER Membership Program Rules, the standard benefits of the POWER Membership Program are as follows:

a. Unlimited Yoga; Monthly Fee; Surcharges. Unlimited participation in open yoga classes at any Be Hot Yoga studio, subject to class size and availability. Be Hot Yoga’s reservation policy is set forth at https://momence.com/dashboard/21455/sessions. The Power Membership Program membership fee is a monthly fee. Power Membership Program membership fees for online membership purchases are set forth at https://www.behot.yoga/memberships. Members’ membership fees are subject to change after enrollment. Membership fees are subject to applicable taxes, and assessments. Membership is non-transferable and nonrefundable.

b. Digital Programs. Unlimited participation in open Be Hot Live Stream (subject to class size availability) and Be Hot Yoga On-Demand Video Library classes.

3. Restrictions

Power Membership Program benefits are nontransferable and may only be used by the applicable member, and only so long as the individual is in good standing with Be Hot Yoga. Power Membership Program benefits have no cash value and are not redeemable for cash or any substitute. Power Membership benefits cannot be combined with any other offer, coupon, or promotion, including any other promotional offers available to Power Membership Program participants through the Power Membership Program. Power Membership Program benefits cannot be applied to a prior purchase.

B. Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Programs Terms and Conditions

The Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member is a program of Be Hot Yoga. The At Home Program offers members unlimited participation in open

Be Hot Live Stream (subject to class size availability) and Be Hot Yoga On-Demand Video Library classes. These Programs’ membership fee is a monthly fee. Each programs’ membership fees for online membership purchases are set forth at https://www.behot.yoga/memberships. For non-online purchases, inquire with your studio as to membership fees and discounts, if any. Members’ membership fees are subject to change after enrollment. Membership fees are subject to applicable taxes and assessments. Membership is nontransferable and nonrefundable. The terms and conditions of the Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member are as follows:

1. Eligible Participants; Enrollment; Continuing Eligibility

Eligible participants in the Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program are individuals who enroll for a monthly autopay Be Hot Yoga membership using a valid debit or credit card. As part of enrollment or continued membership, any other required membership documents, agreements, and waivers must also be completed and submitted, including any Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program forms. To continue to be eligible for the Be Hot Yoga

On-Demand Video Library and Be Hot Live Stream Member Program, the participant’s membership and membership account must remain in good standing with Be Hot Yoga at all times. This includes, without limitation, the participant’s not terminating or changing the participant’s Be Hot Yoga membership, not allowing the participant’s Be Hot Yoga membership to be terminated or lapse and maintaining payment by autopay for the participant’s monthly membership fees. Once Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program eligibility ceases, a member may not take advantage of Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program benefits.

2. Restrictions

Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program benefits are nontransferable and may only be used by the applicable member, and only so long as the individual is in good standing with Be Hot Yoga. All Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program benefits have no cash value and are not redeemable for cash or any substitute. All Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program benefits cannot be combined with any other offer, coupon, or promotion, including any other promotional offers available to Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program participants through the Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program. Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program benefits cannot be applied to a prior purchase.

E. Auto-Renewal Agreement Terms and Member Card Charge Authorization

1. Monthly/Yearly Programs.

Power Program, Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program (each a “Monthly Program”) are all monthly auto-renewing memberships. Be Hot Yoga reserves the right to create additional monthly programs in the future. You understand that your Monthly Program membership will continue to renew monthly until you properly freeze or cancel your membership (as described in “Freezes and Cancellations” below). 1 Year Paid in Full Membership Program (a “Yearly Program” is a yearly auto-renewing membership. You fully understand that your Yearly Program membership will continue to renew yearly until you properly freeze or cancel your membership (as described in “Freezes and Cancellations” below). You understand that you will be expected to pay any and all fees and charges associated with your account that are outstanding when your account is frozen or canceled.
You authorize Be Hot Yoga and their respective third-party payment processor(s) to charge your debit or credit card on a monthly basis for the price of your Monthly Program membership, and for any other fees and charges as and when incurred by you in using your Be Hot Yoga membership, or Be Hot Yoga products, services, or facilities, including without limitation, all reservation and late cancel/no show fees. Changes to this authorization agreement by Be Hot Yoga will be reflected in any changes to this Auto-Renewal Agreement Terms and Member Card Charge Authorization. We will notify you of any changes to these Auto-Renewal Terms and Member Card Charge Authorization via email to the email address associated with your account.

A. Cancellation.

i. You may cancel your membership in a Monthly Program at any time prior to midnight on the fifth (5th) business day after the date you enroll, excluding Sundays and holidays. The services under this Agreement shall begin within six (6) months after the date of the Agreement, and if the services have not begun within such time frame, you may cancel this agreement and receive a pro rata refund. You may also have a right to immediate cancellation in specific circumstances, including in the event of death or disability or other circumstances as required by law.

ii. In all other circumstances not set forth in the prior subsection, you have the right to cancel your membership in a Monthly Program at any time for any reason with 30 days’ notice to us, with notice effective on the business day following the day that you notify us of cancellation. Your membership and access to Monthly Program Enrollment and benefits will terminate effective 30 days after the effective date of your notice of cancellation to us. To cancel your Monthly Program membership, go to your dashboard and click “My Membership” then click “Cancel Membership”or call 1-239-271-2000.

B. Termination by Be Hot Yoga. Be Hot Yoga may terminate your membership in a Monthly Program, in its sole discretion, if (1) you fail to make timely payments; (2) your method of payment is canceled, interrupted or discontinued for any reason and you do not provide an acceptable alternative; (3) you fail to follow policies posted by Be Hot Yoga in studio or online or instructions given by a Be Hot Yoga instructor or other employee; or (4) you engage in conduct that Be Hot Yoga deems to be detrimental, harmful or inappropriate to yourself, a fellow student, employee of Be Hot Yoga or Be Hot Yoga.

C. Rejoining. If you cancel your membership in a Monthly Program and wish to become a member again, you must re-enroll for a monthly membership program at the then-prevailing Be Hot Yoga Monthly Program membership rates, subject to any applicable terms, conditions, limitations, and restrictions. If Be Hot Yoga exercises its right to terminate your membership in a Monthly Program, Be Hot Yoga reserves the right to refuse a request to rejoin.

F. Additional Card Charge Authorization
In addition to the member card charge authorizations for memberships elsewhere in these Student Terms & Conditions (if applicable), you understand, whether or not you are a member, you may also be separately asked to provide a valid debit or credit card to keep on file with Be Hot Yoga for future transactions. By providing your debit or credit card in response to such inquiry, you authorize Be Hot Yoga and their respective third-party payment processor(s) to charge your debit or credit card for any fees and charges as and when incurred by you in using Be Hot Yoga products, services, or facilities, including without limitation all mat rental or other charges, reservation, and late cancel/no show fees. Changes to this authorization agreement by Be Hot Yoga will be reflected in any changes to this Additional Card Charge Authorization.

G. OTHER OFFERS

Be Hot Yoga may also offer any Monthly Program through specific and/or restricted portals or methods (for example, specific Be Hot Yoga social media sites), and offer different, additional and/or modified benefits, terms and conditions for participants accepting through such portals or methods. Be Hot Yoga reserves the right to condition eligibility for such offers to participants utilizing such portal/method to accept or respond to such offer. For such additional eligibility requirements and, if applicable, different, additional and/or modified benefits, consult the terms of the specific offer. The foregoing actions may be taken even though such actions may affect benefits in any m Monthly Program or your participation therein.

II. OTHER BE HOT YOGA PROGRAMS & OFFERINGS

A. Purchased Studio Classes Terms and Conditions

If you are not a Be Hot Yoga Power Program or 1 Year Paid in Full Membership Program member, you may purchase individual Be Hot Yoga in-studio classes at https://www.Be Hotyoga.com/memberships or from a participating Be Hot Yoga studio. In our various materials, we may refer to a class or classes as “purchased studio class/classes,” “in-studio class/classes,” “studio class/classes,” or simply “class/classes,” and to multiple classes available for purchase and storage in your account as a “class pack.” Be Hot Yoga may also make available studio classes on a promotional basis from time to time, on such additional or other terms and conditions applicable to the promotion. You must have a Be Hot Yoga account to make a studio class purchase. If you do not have a membership or an account, you must create an account at www.behot.yoga and then clicking on the My Profile avatar and pressing “Create Account.” Purchased classes will be reflected in your account and may be redeemed and used only at Be Hot Yoga participating studios for eligible Be Hot Yoga classes. Purchased classes are personal to the purchaser and are not assignable or transferrable. Purchased classes are nonrefundable unless otherwise required by applicable law and do not expire, nor does Be Hot Yoga charge fees associated with purchased classes.

B. Be Hot Live Stream Terms and Conditions

Be Hot Live Stream is a program of Be Hot Yoga. Be Hot Live Stream offers Be Hot Yoga members and nonmembers the opportunity to purchase and/or participate in live online Be

Hot Yoga classes. The terms and conditions of the Be Hot Live Stream program (the “Be Hot Live Stream Terms”) are as follows:

1. Create a Be Hot Live Stream Account

To register for Be Hot Live Stream and register for and purchase Be Hot Live Stream classes, go to https://www.Be Hotyoga.com/(the “Be Hot Live Stream Website”) to create a Be Hot Live Stream account. To create a Be Hot Live Stream account, provide all required information and consents, including a valid email address; complete a participant liability release and any other forms required by Be Hot Yoga; review the applicable terms and conditions; and complete and/or acknowledge any additional forms, terms and conditions provided by Be Hot Yoga’s third-party service provider. You must be at least eighteen (18) years old to create a Be Hot Live Stream account and participate in Be Hot Live.

2. Class Purchases and Registration

All Power Program, 1 Year Paid in Full Program, Be Hot Yoga On-Demand Video Library Program, and Be Hot Live Stream Program members in good standing will have unlimited access to Be Hot Live Stream to register for individual Be Hot Live Stream classes, subject to class size availability; follow the instructions at the Be Hot Live Stream Website to register for Be Hot Live Stream classes if your membership includes this digital feature. You may purchase individual Be Hot Live Stream classes at the Be Hot Live Stream Website if you are not a Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program. Be Hot Yoga may also make available Be Hot Live Stream classes on a promotional basis from time to time, on such additional or other terms and conditions applicable to the promotion. To register and pay for Be Hot Live Stream classes, follow the links and instructions at the Be Hot Live Stream Website. Required payments must be made at the Be Hot Live Stream Website using a Be Hot Live Stream account at the time of purchase with a valid debit or credit card; Be Hot Yoga gift cards can be used to pay for Be Hot Live Stream classes. Purchases are subject to applicable taxes and assessments. All purchases are nonrefundable unless otherwise required by applicable law. Be Hot Live Stream class credits are not transferrable, have no cash value, and do not expire. Be Hot Live Stream classes are separate from any other programs, classes, memberships, and other offerings of Be Hot Yoga, including Be Hot Yoga On-Demand Video Library.

3. Class Access

Approximately one (1) hour prior to the scheduled start of a Be Hot Live Stream class for which a valid registration has been made, a participant will receive an email and a text with a class access code and password. Be Hot Yoga reserves the right to send such notices at other time(s). All Be Hot Live Stream classes must be purchased and registered in advance and are subject to class size availability. All registrations are with respect to specific scheduled Be Hot Live Stream classes. Class registration, and class access codes and passwords, are nontransferable. Internet compatible media player with available Be Hot Live Stream applications as specified by Be Hot Yoga are required. Be Hot Live Stream classes are subject to normal Internet and application access and usage charges imposed by third parties.

4. Class Changes

A Be Hot Live Stream class for which a valid registration has been made may be changed by a participant only if a participant cancels the class registration on the Be Hot Live Stream Website using the participant’s Be Hot Live Stream account more than twenty (20) minutes before the scheduled start time for such class (cancellations within twenty (20) minutes of the scheduled start time for a class will not be recognized). If a purchased class is timely canceled by a participant, the participant will receive a Be Hot Live Stream class credit in the participant’s Be Hot Live Stream account which may be used to register for another available Be Hot Live Stream class. If notice of class cancellation is not timely sent, no Be Hot Live Stream class credit will be given. Be Hot Live Stream class credits have no cash value. Be Hot Live Stream credits are not awarded to Be Hot Yoga members with free access (including Power Yoga Program, 1 Year Paid in Full Program, Be Hot Yoga On-Demand Video Library and Be Hot Live Stream Member Program members).
Classes are live and not recorded, and Be Hot Yoga reserves the right to cancel and reschedule classes for personnel, technical or other issues.

5. Termination

Upon termination of Be Hot Live Stream by Be Hot Yoga, if a participant has an unexpired Be Hot Live Stream class credit in the participant’s Be Hot Live Stream account as of the effective date of termination of the program, Be Hot Yoga reserves the right (but does not have the obligation) to convert any or all such credits to Be Hot Yoga in-studio yoga class credits, at its discretion. Any such credits will not be transferrable and have no cash value.

6. Third Party Providers
Be Hot Live Stream classes are currently delivered by Zoom Video Communications, Inc. (“Zoom”), which is a third party that provides the Zoom application to Be Hot Yoga. Be Hot Yoga is not responsible or liable for any aspect of the Zoom application, or the operation or use thereof. See www.zoom.us for information regarding Zoom and the Zoom application. Be Hot Yoga is not a party to any user agreement or terms and conditions between a participant and Zoom, including, without limitation, any Zoom privacy policy or Zoom terms of use, all of which are accepted by a participant prior to using Zoom. Zoom is solely responsible for all matters regarding the Zoom application, including, without limitation, application functionality, Zoom terms of service, and any claims that you may have related to the Zoom application or the operation or use thereof. Be Hot Yoga reserves the right to change technology platforms from time to time without notice, and the foregoing shall apply to such substitute technology provider and platform substituting such provider’s name.

7. Notices

Use of the Be Hot Live Stream Website is subject to Be Hot Yoga’s privacy policy located at https://www.behot.yoga/content/privacy-policy and these Student Terms & Conditions.

Be Hot Yoga does not warrant uninterrupted or error-free operation of the Be Hot Live Stream Website or Be Hot Live Stream classes or any related service. Be Hot Yoga is not responsible for technical failures of any kind, including but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware or software; or the unavailability or inaccessibility of any website, application or service. Be Hot Yoga MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF NONINFRINGEMENT, ARISING FROM COURSE OF PERFORMANCE OR DEALING, USAGE OR TRADE.

Each Be Hot Live Stream class and other information is owned by Be Hot Yoga and subject to all copyright, trademark and other intellectual property laws, rules and regulations.

Any reproduction, distribution, or public performance of all or part of any class or other information is expressly prohibited unless Be Hot Yoga has explicitly granted its prior written consent. All rights to the Be Hot Live Stream classes and other information are reserved by Be Hot Yoga.

8. FAQs

See Be Hot Yoga Live Stream FAQs at https://www.behot.yoga/how-it-works.

c. Be Hot Yoga On-Demand Video Library Terms and Conditions

Be Hot Yoga On-Demand Video Library is a program of Be Hot Yoga. Be Hot Yoga On-Demand Video Library offers Be Hot Yoga members and nonmembers the opportunity to participate in prerecorded, on demand, online video Be Hot Yoga classes. The terms and conditions of the Be Hot Yoga On-Demand Video Library program (the “Be Hot Yoga On-Demand Video Library Terms”) are as follows:

1. Be Hot Yoga On-Demand Video Library Benefit for All Membership Subscriptions, Class Packs, and On-Demand Video Library Members

All Be Hot Yoga members in good standing will have unlimited access to Be Hot Yoga On-Demand Video Library during the terms of their respective memberships. Be Hot Yoga will create a member’s Be Hot Yoga On-Demand Video Library account and provide a member with instructions for accessing the member’s subscription if the member’s membership includes this digital feature. Individuals who are not members may separately register for Be Hot Yoga On-Demand Video Library by going to http://www.behot.yoga/memberships and following the links and instructions to create a Be Hot Yoga On-Demand Video Library account and purchase either a monthly or annual Be Hot Yoga On-Demand Video Library subscription. If you are not a Member and wish to purchase a Be Hot Yoga On-Demand Video Library subscription, provide all required information and consents, including a valid email address, complete or acknowledge a participant liability release, and any other forms, terms and conditions required by Be Hot Yoga, and complete or acknowledge any additional forms, terms and conditions provided by Be Hot Yoga’s third-party service provider. Currently due to the requirements of the third-party provider for Be Hot Yoga On-Demand Video Library, a participant must be at least sixteen (16) years old to have a Be Hot Yoga On-Demand Video Library account and participate in Be Hot Yoga On-Demand Video Library.

2. Subscription Purchases

Separate purchases may be of annual or monthly subscriptions to the Be Hot Yoga On-Demand Video Library online, on demand video library. Purchases and associated payments must be made at http://www.behot.yoga/memberships using a valid debit or credit card; Be Hot Yoga gift cards cannot be used to pay for Be Hot Yoga On-Demand Video Library subscriptions. Purchases are subject to applicable taxes and assessments. All purchases are nonrefundable unless otherwise required by applicable law. Be Hot Yoga On-Demand Video Library accounts and subscriptions are not transferrable and have no cash value. Be Hot Yoga On-Demand Video Library classes are separate from any other programs, classes, memberships, and other offerings of Be Hot Yoga, including Be Hot Live; provided, however, All Access Program and At Home Program members in good standing will have unlimited access to Be Hot Yoga On-Demand Video Library during the terms of their respective memberships. To cancel your Be Hot Yoga On-Demand Video Library only subscription, call 1-239-271-2000 or follow the cancellation process for the app through which you purchased your subscription.

3. Class Access

Classes are available at https://www.behot.yoga(the “Be Hot Yoga On-Demand Video Library Website”). Sign into your Be Hot Yoga On-Demand Video Library account at www.behot.yoga, and choose and access your desired available class content. An Internet-compatible media player with available Be Hot Yoga On-Demand Video Library applications as specified by Be Hot Yoga or its third party service provider are required. Use of Be Hot Yoga On-Demand Video Library is subject to normal Internet and application access and usage charges imposed by third parties. Be Hot Yoga reserves the right to add, remove and modify available classes and content for any reason and at any time.

4. Third Party Providers

Be Hot Yoga On-Demand Video Library classes are currently delivered by Zoom Video Communications, Inc. (“Zoom”), which is a third party provider of the Zoom online platform that allows Be Hot Yoga On-Demand Video Library users to view Be Hot Yoga’s video programs. Be Hot Yoga is not responsible or liable for any aspect of the Zoom applications, or the operation or use thereof. See https://www.behot.yoga/tos for information regarding Zoom and the Zoom application. Be Hot Yoga is not a party to any user agreement or terms and conditions between a participant and Zoom, including, without limitation, any Zoom privacy policy, or Zoom terms of use, all of which are accepted by a participant prior to using Zoom. Zoom is solely responsible for all matters regarding the Zoom application, including, without limitation, application functionality, terms of service, and any claims that you may have related to the Zoom application or the operation or use thereof. Be Hot Yoga reserves the right to change technology platforms from time to time without notice, and the foregoing shall apply to such substitute technology provider and platform substituting such provider’s name.

5. Notices

Use of the Be Hot Yoga On-Demand Video Library Website is subject to Zoom’s terms, conditions and policies, including Zoom’s privacy policy located at https://www.behot.yoga/content/privacy-policy and terms of use located at https://www.behot.yoga/tos. Use of the Be Hot Yoga On-Demand Video Library Website may also be subject to such additional policies, terms, and conditions as required from time to time by Be Hot Yoga.

Be Hot Yoga does not warrant uninterrupted or error-free operation of the Be Hot Yoga On-Demand Video Library website or application or Be Hot Yoga On-Demand Video Library classes or any related service. Be Hot Yoga is not responsible for technical failures of any kind, including but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware or software, or the unavailability or inaccessibility of any website, application, or service.

Be Hot Yoga MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF NONINFRINGEMENT, ARISING FROM COURSE OF PERFORMANCE OR DEALING, USAGE OR TRADE.

Each Be Hot Yoga On-Demand Video Library class and other information is owned by Be Hot Yoga and subject to all copyright, trademark and other intellectual property laws, rules, and regulations. Any reproduction, distribution, or public performance of all or part of any class or other information is expressly prohibited unless Be Hot Yoga has explicitly granted its prior written consent. All rights to the Be Hot Yoga On-Demand Video Library classes and other information are reserved by Be Hot Yoga.

III. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER

Mandatory Binding Individual Arbitration. Except as expressly provided below, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity, or any other legal theory) between you and Be Hot Yoga (whether arising out of or relating to past, present, or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).

Waiver of Class Actions. You and Be Hot Yoga each agree that each party will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding.

Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.

Waiver of Jury Trial. Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.

Opt-out. You may opt out of this Arbitration Agreement if you send Be Hot Yoga a signed, written opt-out notice within thirty (30) days of your initial visit to the Services. Any opt-out notice shall be sent to Be Hot Yoga at: Behot@Be Hot.yoga

Small Claims Not Subject to Arbitration. Should a Claim fall within the jurisdictional limit of either party’s local small claims court, either party may bring individual Claims in small claims court.

Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.

Arbitration Provider. The party initiating arbitration will initiate arbitration before JAMS, Inc. (“JAMS”) or any successor to JAMS, which is an alternative dispute resolution provider (“ADR Provider”). In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case.

Arbitration Rules. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (available at https://www.jamsadr.com/rules-comprehensive-arbitration/)(“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules conflict with this Arbitration Agreement.

Arbitration Location. If an in-person hearing is required, then it will take place in Boca Raton, Florida, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any remote hearings).
Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.

Arbitrator’s Authority and Award. The arbitrator will decide any dispute regarding the enforceability and/or scope of this Arbitration Agreement. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.

Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

IV. MISCELLANEOUS

No Assignment

These Student Terms & Conditions are not assignable, transferable, or sublicensable by you except with the prior written consent of a duly authorized Be Hot Yoga employee.

Waiver

Our failure at any time to require performance of any provision of these Student Terms and Conditions or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Be Hot Yoga or any breach of any provision of these Student Terms & Conditions or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Student Terms & Conditions

Severability

If any provision of these Student Terms & Conditions is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Student Terms & Conditions will remain in full force and effect.

Governing Law

These Student Terms & Conditions will be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. For any dispute that is not subject to the Arbitration Agreement herein, the parties hereby submit to and consent to the jurisdiction of the State of Florida and agree that such litigation shall be conducted in state or federal court in the City and County of Naples, Florida. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Student

Terms & Conditions is taking place or originating.

Entire Agreement

These Student Terms & Conditions (together with the Be Hot Yoga Terms of Use, Be Hot Yoga Privacy Policy, and Be Hot Yoga Messaging Terms & Conditions) contain the entire understanding and agreement between you and Be Hot Yoga with respect to the Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Be Hot Yoga with respect to the Services and your use of this Site.

Contact Us

If you have any questions about these Student Terms & Conditions or the Services, please contact us using the following information:

Be Hot Yoga Corporate Headquarters 340 9th Street North, #266, Naples, FL Phone: (239) 271-2000 Email: behot@behot.yoga