Content/Terms-Use

Be Hot Yoga Terms of Use

Updated: 12/1/2022

Thank you for using this service, which is owned and operated by BeYoga, LLC (DBA “Be Hot Yoga,” “we,” “us,” and “our”). Be Hot Yoga offers Yoga classes, Barre classes, instruction, exercises, and other programs, events and activities conducted or organized by or through Be Hot Yoga, whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”). Not all participants in Be Hot Yoga Activities need to be members of Be Hot Yoga; however, participants in specific Be Hot Yoga programs and Activities agree to the additional terms and conditions of those programs and activities, certain of which are set forth below in these Terms of Use (the “Be Hot Yoga Terms of Use”) and in the Student Terms and Conditions (the “Be Hot Yoga Student Terms & Conditions”), and others are described at the location of those specific programs and activities.

These Terms of Use govern your use of www.behot.yoga or other websites that are owned or controlled by Be Hot Yoga and on which we post a link to these Terms of Use (“Website”), the Be Hot Yoga mobile application, available on iOS and Android platforms (“App”), and our text messaging program (“Text Program”), and participation in the Activities. The Website, the App, the Text Program, and the Activities are collectively referred to as the “Services.” These Terms of Use apply to all users of the Services and govern your use of the Services as well as the products and Activities that are offered on or through the Services. These Terms of Use incorporate the Be Hot Yoga Student Terms & Conditions, Be Hot Yoga Privacy Policy, Be Hot Yoga Rules (Promotions), and Be Hot Yoga Messaging Terms & Conditions, and include legal terms and disclaimers.
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 SUCH TERMS AFFECT YOUR LEGAL RIGHTS.
These Terms of Use 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 or consolidated proceedings.
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Your Acceptance of These Terms of Use
By accessing or using the Services or any of the products available thereon (including by downloading and installing the App) and/or engaging in Activities, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Services, or any of the products available thereon or participate in the Activities and Classes, and in the case of the App, you should uninstall the App immediately.
Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Be Hot Yoga Privacy Policy. Before using the Services, please carefully review our Privacy Policy and any applicable Privacy Notices, as more particularly described in the Privacy Policy. All personal information provided to us as a result of your use of the Services will be handled in accordance with our Be Hot Yoga Privacy Policy. To the extent that there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use shall control.
Your Consent to Other Agreements
When you sign up to use a special feature of the Services, such as our Text Program, you may be asked to agree to special terms governing your use of the special feature (“Additional Terms”). In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” If any of the terms of the Additional Terms are different from the terms of these Terms of Use, the terms of the Additional Terms will supplement or amend these Terms of Use, but only with respect to the matters governed by the Additional Terms.
These Terms of Use May Change
Be Hot Yoga reserves the right to modify or add to these Terms of Use at any time, effective as of the posting of the new terms or a later date as may be specified in the new terms. You agree that we may notify you of the new terms by making them available via the Services, and that your use of the Services after the effective date of the new terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new terms. We therefore encourage you to review these Terms of Use every time you use the Services. We may also provide notice to you of any update to these Terms of Use in other ways in our discretion, such as through contact information you have provided, all in accordance with applicable laws and our Be Hot Privacy Policy.
Disability
If you are unable to review or access these Terms of Use due to a disability, please call us at (239) 271-2000 or email us at Behot@Behot.yoga to access these Terms of Use in an alternative format.
Eligibility
The Services are not targeted towards, or intended for use by, anyone under the age of thirteen (13). By installing, accessing or using the Services, you represent that you (a) are at least eighteen (18) years of age or the age of majority in your place of residence, or at least thirteen (13) years of age and under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use, and (b) are not located in a country that is subject to a U.S. government embargo, and/or have not been listed on any U.S. government list of prohibited or restricted parties. In addition, you agree to abide by all applicable local, state, provincial, national, and international laws, and regulations with respect to your use of the Services and agree not to interfere with the use and enjoyment of the Services by other users, and our operation or management of the Services.
Your Compliance with Laws
Use of the Services is unauthorized in any jurisdiction where all or any portion of the Services may violate any legal requirements, and you agree not to access the Services in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk.
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 Yoga Rules and directions.
Ownership of the Services and its Content
The Services, including all their software and code comprising or used to operate the Services, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, literary property, works of authorship and/or other information, documents, materials, or content available on or through the Services (“Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, Canada, and any other jurisdictions from which you are able to access or use the Services or in which the Services are available. All Content and intellectual property rights in and to the Content are the property of Be Hot Yoga or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. All rights not expressly granted are reserved.
Subject to these Terms of Use, Be Hot Yoga grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Services for personal use only in accordance with these Terms (“User License”). Any use of the Services in any other manner, including, without limitation, the resale, transfer, modification or distribution of the Services, Content and the User-Generated Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any right, title or interest in or to the Services, Content, or User-Generated Content, or any intellectual property (including goodwill) therein or thereto.
You agree not to reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code that we use or create to generate the Services or any software or other products or processes accessible through the Services. You further agree that, in accessing and using our Content as permitted by these Terms of Use, you will keep intact any copyright or other proprietary notices on the Services and/or Content. You also agree that you will neither (a) use any robot, spider, rover, scraper, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use the Content in any way except as specifically permitted by these Terms of Use or otherwise in writing by Be Hot Yoga. You agree not to allow or assist any third party in violating or attempting to violate any of the above restrictions or prohibitions, whether or not for your benefit.
Trademarks
The Be Hot Yoga names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Be Hot Yoga. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited, or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the “Be Hot Yoga Marks” in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Services without the prior written permission of such owners. The use or misuse of the Be Hot Yoga Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Registration and Account Creation
Be Hot Yoga may times require that you register and/or set up an account to access or use the Services. The decision to provide the information necessary to create an account is purely voluntary, however, please be advised that if you elect not to provide the required information, you may not be able to access or use certain materials or features of the Services. When you provide information to us, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.
With respect to any registration or account-creation feature you use, you agree to: (a) create only one account; (b) provide accurate, truthful, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) help maintain the security of your account by not sharing your user name or password with others and by restricting access to your account and the device(s) from which you access your account; and (e) promptly notify Be Hot Yoga if you discover or otherwise suspect any security breaches relating to the Services. Your username and password are for your personal use only. If you use the Services, you may not authorize others to use your registration information or account, and you are responsible for your use and disclosure of the same.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
Purchases
The Services may allow you to purchase certain products. Some situations may result in your order for products being canceled. These include but are not limited to: limitations on the quantities of any products available for purchase; inaccuracies or errors in product or pricing information; product restrictions mandated by local, provincial, national, or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.
For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available of any product for sale or sold, and the right at any time to reject, correct, cancel, or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment method (e.g., credit card) has been charged, we will issue a credit to you (e.g., refund to the credit card you used to make the purchase) in the amount of the charge.
Although we will endeavor to provide you with the most accurate information regarding our products, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on the Services.
Subject to applicable laws, we may amend the Services, as well as the products listed through the Services, and/or the amounts that we charge for same at any time, without prior notice.
Payment
The prices displayed on the Website and the App are quoted in U.S. dollars only. Fees for any products do not include any applicable sales, use, excise, value-added, or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. Unless stated otherwise, please note that the price of any products listed on the Website do not include shipping and handling or any applicable sales, use, excise, value-added, or other taxes or duties, including, without limitation, any fees, customs, duties, levies, and other charges that may be incurred in connection with the purchase, sale, import, and/or export of any products to or from your jurisdiction, as imposed under applicable law or by a governmental agency or authority from time to time (collectively, “Taxes and Duties”). For clarity, and without limiting the foregoing, you acknowledge and agree that you are solely responsible for the payment of all Taxes and Duties in connection with your purchase of any products on or through the Website and the App.
User-Generated Content
We may provide user comment areas, chat rooms, message boards, interactive user communities, or other areas on the Services (“Community Forums”) where users can interact with others and with us, as well as have the opportunity to submit text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, content, works of authorship, documents, data, questions, comments, suggestions, or other content, any of which may include personal information (collectively, “User-Generated Content”).
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any User-Generated Content.
This means that you, not Be Hot Yoga, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, you acknowledge and agree that it is your sole and exclusive responsibility to obtain any necessary consents, permissions, and licenses to post, upload, or otherwise make it available on or through the Services.
Because we do not control the User-Generated Content posted on or through the Services, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing the Services, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User-Generated Content posted, emailed, transmitted, or otherwise made available on or through the Services. The User-Generated Content posted on or through the Services expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Be Hot Yoga or any person or entity associated with Be Hot Yoga. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User-Generated Content posted, emailed, transmitted, or otherwise made available on or through the Services.
You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you submit. We do not claim any copyrights in User-Generated Content. However, by using the Services, you acknowledge and agree that you grant us and any of our subsidiaries, affiliates, successors and assigns, an unlimited, nonexclusive, paid-up, worldwide, perpetual, irrevocable, royalty-free, transferable sublicensable right and license to use, reproduce, copy, modify, adapt, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, commercialize, and otherwise exploit for any purpose the User-Generated Content you submit, in whole or in part, in any and all media or form of communication whether now existing or hereafter developed. In connection with any User-Generated Content, you hereby waive any and all moral rights you now or may in the future have in and to such User-Generated Content. For clarity and without limiting the foregoing, Be Hot Yoga has no obligation to (i) obtain any additional consent from you in connection with its use or other exploitation of any of your User-Generated Content; (ii) to notify you in connection with the use or exploitation of the User-Generated Content; and/or (iii) compensate you in any way in connection with the use or exploitation of the User-Generated Content.
We may disclose and/or remove User-Generated Content. Be Hot Yoga has the right (but does not assume the obligation) to:
monitor the Services and all User-Generated Content;
require that you avoid certain subjects;
remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Be Hot Yoga or others, or to enforce these Terms of Use; and
terminate your access to and use of the Services, or to modify, edit, or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.
Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:
upload, post, transmit, or otherwise make available:
any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
any User-Generated Content that constitutes or encourages activity illegal under criminal or civil law;
any User-Generated Content that is false, misleading, or fraudulent.
any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
any User-Generated Content that you know is false, fraudulent, deceptive, inaccurate, misleading, or that misrepresents your identity or affiliation with a person or company;
any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old, and you have first obtained their express permission or (ii) that person is under eighteen years old, but you are their parent or legal guardian;
any request for or solicitation of any personal or private information from any individual;
any request for or solicitation of money, goods, or services for private gain;
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
any User-Generated Content that contains advertising, promotions, or marketing, or which otherwise has a commercial purpose; or
any User-Generated Content that promotes violence or describes how to perform a violent act.
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
violate any local, state, national, or international law, rule, or regulation.
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use; (ii) the User-Generated Content is accurate, and (iii) you are at least eighteen (18) years old, and you have read and understood—and your User-Generated Content fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
You understand and acknowledge that: (a) Be Hot Yoga has wide access to content, information, ideas, suggestions, designs, and other materials that may be similar or identical to materials you submit to us; and (b) you will not be entitled to any compensation (nor will Be Hot Yoga be obligated to negotiate with you) as a result of our use of any similar or identical material.
Be Hot Yoga is not obligated to post, keep, or use your User-Generated Content.
Removal of Content
In general. On certain pages of the Services, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content and other objectionable Content by contacting us at: https://www.BeHot@BeHot.Yoga. While we do not have any obligation to remove Content from the Services merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the Content we remove from this Site may remain on back-up servers.
Violation of copyrights. Be Hot Yoga does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Services or has been otherwise copied and made available on the Services in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services (including the URL, title, and/or item number, if applicable, or other identifying characteristics);
your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your statement must be addressed as follows:
To the attention of Be Hot Yoga Owners, of BeYoga, LLC: BeHot@BeHot.Yoga
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Your Feedback
Although we do not claim ownership of User-Generated Content you post using the Services, any Content you submit on or through the Services that is specifically about how we can improve the Services and the products and services we make available through the Services (“Feedback”) will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
To the extent that the ownership of the Feedback does not by operation of law vest in Be Hot Yoga, you agree to irrevocably and unconditionally assign, transfer, and convey to Be Hot Yoga, free and clear of any security interests, encumbrances, adverse claims or demands, your entire right, title, and interest throughout the universe in and to the Feedback, including any and all rights that may exist, now or in the future, under the law of copyright, trademark, patent, industrial design, trade secret, or other intellectual property laws of any jurisdiction. Whenever requested to do so, you agree to assist us and our designees to secure our rights in the Feedback and related intellectual property rights in all countries. Your obligation to provide such assistance and execution will continue in perpetuity. You agree to waive in favor of Be Hot Yoga further absolutely, irrevocably, and unconditionally any and all moral rights (or other similar rights) that you and your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Feedback.
Third-Party Services and Content
The Services may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Be Hot Yoga shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Further, functionality on the Services may also permit interactions between the Services and a third-party website or online feature, including without limitation, applications that connect the Services or your profile on the Services with a third-party website. For example, the Services may include a button enabling you to indicate, on your social networking page, that you “like” specific content on the Services, or a feature that lets you post to your social networking page a link to specific content from the Services or the ability to share content from the Services or your User Generated Content posted at the Services with a third party, which may be publicly posted on that third party’s website. Using this functionality typically requires you to login to your account on the third-party website and you do so at your own risk.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Services (or any portion thereof) and/or the information, materials, products, and/or services available through the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Services.
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THEIR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SERVICES. THE SERVICES AND ALL OF THEIR CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BE HOT YOGA, AND ANY OF ITS AFFILIATES AND SUBSIDIARIES, DIVISIONS, JOINT VENTURES, LICENSORS, AND THIRD-PARTY SERVICE OR CONTENT PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS (“BE HOT YOGA AFFILIATES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SERVICES, THEIR CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BE HOT YOGA AND THE BE HOT YOGA AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SERVICES; (C) THAT THE CONTENT OF THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT; OR (D) THAT THE SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
BE HOT YOGA AND THE BE HOT YOGA AFFILIATES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED BE HOT YOGA SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT, AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF BE HOT YOGA. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, THE CONTENT, THE USER-GENERATED CONTENT, AND THE PRODUCTS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES OR THAT ARE PROMOTED OR ADVERTISED ON OR THROUGH THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, BE HOT YOGA, ON ITS OWN BEHALF AND ON BEHALF OF THE BE HOT YOGA AFFILIATES, EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY INCLUDING BUT NOT LIMITED TO ITEMS LOST OR STOLEN AT A STUDIO OR EVENT LOCATION; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BE HOT YOGA AND THE BE HOT YOGA AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
COVID-19 TERMS AND CONDITIONS
In addition to and as a part of the Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement below, you hereby agree to the following:
You understand that the COVID-19 (novel coronavirus) pandemic is an ongoing public health situation.
You understand that COVID-19 (including variations and mutations) is a highly communicable virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death, in individuals who contract it.
You will not attend in-studio or any other in-person Activities conducted or organized by or through Be Hot Yoga if you are exhibiting symptoms of COVID-19 (which can include, without limitation, fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), or if you have been exposed to a third party who has exhibited COVID-19 symptoms in the 14 days preceding your participation in the in-person Activities.
You understand and expressly agree that your use of a Be Hot Yoga studio or participation in any other in-person Activities conducted or organized by or through Be Hot Yoga involves the risk that you could contract COVID-19 notwithstanding the mitigation measures in place by Be Hot Yoga. You understand that these risks are inherent to your use of the facilities or participation in such Activities and can range from mild symptoms to major illness, including death. You further understand and voluntarily accept full responsibility on your behalf for the risk of contracting COVID-19.
RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
You understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases (including COVID-19 risks, as further detailed above in COVID-19 Terms and Conditions). You fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to yourself, your property, and to other third parties and their property, which may be caused by your own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and you fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages you or any third parties incur as a result of your participation in the Activities, including property theft. You represent that you understand the nature of the Activities. You further represent that you are participating in the Activities voluntarily, and that you are in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. You agree that you will discontinue participation in the Activities if you believe at any time your participation poses a threat to yourself or any third party. If you have any injury or condition that potentially affects your participation in the Activities, you will consult with your physician or other applicable provider regarding your participation, and follow all applicable provider instructions, which is your sole responsibility.
You, on behalf of yourself and anyone who obtains any rights from or through you, hereby forever and irrevocably release and discharge Be Hot Yoga; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to your participation in or attendance at the Activities; your attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be caused in whole or in part by (i) any Releasee’s own negligence, gross negligence, misconduct or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with your participation in or attendance at the Activities, or your attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of your medical information; or(iv) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of your name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, your “Personal Attributes”), to the extent permitted by applicable law. You further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
You have read this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand that you have given up substantial rights by agreeing to it, and have agreed to it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. You hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, or to rescind, limit or disaffirm this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
FOR CALIFORNIA RESIDENTS:
This Agreement has been executed by you with the express intention of effecting the legal consequences provided by Section 1541 of the California Civil Code, and any other federal, state, or local laws of similar effect. You intend to relinquish all claims against the Releasees, whether or not known or suspected and expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the California Civil Code (or any federal, state, or local laws of similar effect), which reads:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You agree that as further consideration for being permitted to participate in any of the Activities, you hereby grant Be Hot Yoga and its designees, and their respective affiliates, licensees, permittees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize your Personal Attributes filmed, captured, photographed or otherwise recorded or memorialized in any manner in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any payment, consideration or notice to or consent by me or any third party. You hereby forever and irrevocably waive any rights you may have in or to any of the foregoing, and you understand and agree that Be Hot Yoga and its designees are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of your Personal Attributes.
FOR PARTICIPANTS UNDER 18 YEARS OF AGE:
If you are under 18 years of age, you represent and warrant to Be Hot Yoga that your parent or legal guardian has reviewed these Terms of Use, including the Be Hot Yoga Student Terms & Conditions, and agrees as follows:
I am the parent or legal guardian of participant; I consent to, join in and approve the foregoing Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement; I will ensure that my child honors his/her obligations hereunder; and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement or the rights granted herein, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
The Services give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Indemnity
You agree to indemnify and hold Be Hot Yoga and the Be Hot Yoga Affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, damage, costs, liability, claim, demand, proceeding, expense (including reasonable attorneys’ fees), or action brought, made, or threatened by any third party against Be Hot Yoga and the Be Hot Yoga Affiliates due to, in connection with, or arising out of (i) your use, misuse, or access to the Services; (ii) your breach or violation of these Terms of Use, including without limitation, any breach of your obligations, representations, and warranties set forth above; (iii) your infringement or other violation of any third-party right, including without limitation, intellectual property, property, or privacy right; (iv) any claim that any of your User-Generated Content or other materials caused damage to Be Hot Yoga, a Be Hot Yoga Affiliate, or any third party, including without limitation, if any material that you post using the Services causes us to be liable to another; (v) any transaction you conduct on or through the Services or as a result of the contact facilitated by the Services; or (vi) any activity using your email address and password by you or any other person accessing the Services, the Content, the User-Generated Content, or any other information or materials using your account, email address, or other contact information. We reserve the right to assume the exclusive defense of any such claim, and you agree to provide us with such reasonable cooperation and information as we may request. You will not in any event settle any claim without the prior written consent of Be Hot Yoga.
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@behot.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 are in 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.
Canadian Residents Only. Laws of certain provinces of Canada limit or prohibit required arbitration and waivers of class actions; accordingly, the Arbitration Agreement is limited or restricted, if at all, for applicable Canadian residents to the extent of applicable Canadian laws.
MISCELLANEOUS
Communications
By providing us your telephone number, including your mobile telephone number, you authorize Be Hot Yoga to contact you at the number you provided regarding your participation in Activities, including but not limited to cancellations, waitlist changes, and updates to your billing information. You agree we may contact you by telephone call or text message, using an automatic telephone dialing system and/or a prerecorded message. You agree that we may monitor or record any conversation or other communication with you.
No Assignment
These Terms of Use 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 Terms of Use 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 Terms of Use 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 Terms of Use.
Severability
If any provision of these Terms of Use 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 Terms of Use will remain in full force and effect.
Governing Law
These Terms of Use will be governed by and construed in accordance with the internal laws of the State of Florida 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 Colorado and agree that such litigation shall be conducted in state or federal court in the City and County of Denver, Colorado. 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 Terms of Use is taking place or originating.
Entire Agreement
These Terms of Use (together with the Be Hot Yoga Student Terms & Conditions, 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 Terms of Use 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.