Terms of Service

We apologize in advance, but we’ve got some rather detailed Terms of Service for you to read, understand and accept.  Essentially, it says we will do our best to provide great service provided you comply with what we think are our reasonable rules and expectations.

Please read this agreement which contains our Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.tabufit.com (“the Site”) operated by B.U. Fit, LLC (“B.U. Fit,” “us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.tabufit.com and the Services.

Whenever you access or use our Site, including visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of the Site and the services provided by B.U. Fit to you (collectively, the “Services”). You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. After reading these Terms of Service carefully, we recommend you download it and save it for your records. If you do not agree with the Terms of Services, you should leave the Site and discontinue use of any Services immediately. Prior to using, engaging in, signing up or registering for any Services, you must read these Terms of Service and indicate your acceptance as part of the registration process.

Your Consent to Other Agreements

When you sign up to use the Site or special features of this Site, you may be asked to agree to specific additional terms governing your use of the Site or special feature. In such cases, you may be asked to expressly consent to the additional specific terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Service, the terms of the click-through agreement will supplement or amend these Terms of Service, but only with respect to the matters governed by the “click-through agreement.”

Accounts

To access some features of the Site, you will have to create a B.U. Fit, account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

Password

When you sign up for B.U. Fit Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify B.U. Fit immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any use of your account.

Eligibility

This Site is intended solely for users who are 15 years of age or older. Any registration by, use of or access to the Site by anyone under 15 is unauthorized, unlicensed and in violation of these Terms of Service. By using B.U. Fit Services or the Site, you represent and warrant that you are 15 years old or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 15 and 18 may register on our Site only with the involvement of a parent or guardian.

Service-Related Policies

YOGA CLASS CANCELLATIONS: WHERE YOU HAVE RESERVED A SPOT FOR A CLASS IN ADVANCE, YOU MUST CANCEL YOUR RESERVATION FOR THAT CLASS 12 HOURS IN ADVANCE IF YOU CAN NO LONGER ATTEND.  IF YOU DO NOT CANCEL PRIOR TO 12 HOURS BEFORE CLASS, YOU WILL BE CHARGED FOR THE CLASS AS IF YOU HAD ATTENDED.  This includes switching time slots under the 12-hour notice time-period. You may cancel class through our online system only.

PERSONAL TRAINING CANCELLATIONS:  YOU MUST CANCEL A PERSONAL TRAINING SESSION 24 HOURS IN ADVANCE.  IF YOU DO NOT, YOU WILL BE CHARGED FOR THE SESSION AS IF YOU HAD ATTENDED.  This includes switching times slots under the 24-hour notice time-period.  You may cancel a personal training session through our online system or by emailing/texting your personal trainer.

YOGA CLASS RESERVATIONS: WE ASK YOU TO BE PHYSICALLY PRESENT FOR YOUR CLASS AT LEAST 10 MINUTES PRIOR TO ITS START TIME.  YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT WILL BE GIVEN TO A WAIT-LISTED CLIENT, IF ANY.

YOGA CLASS PACKAGES: If you purchase a class package (such as a “ten-pack” or other promotional or discount class packages) (hereinafter “Packages”), and either late cancel (inside the 12-hour window) or no-show for a class for which you have signed up or registered, then, we will charge you for the missed class.  If you have an unlimited monthly package and repeatedly no-show after registering for classes, then at our sole and absolute discretion, we may require you to discontinue your unlimited monthly class package at the end of your currently pre-paid month, leaving you to purchase either single classes or, if offered, other more limited packages where we can charge you for each no-show.  For purposes of this section a “no-show” is registering for a class, failing to cancel within the allotted 12-hour window and then being absent for and not participating in that class.

PERSONAL BELONGINGS: You agree that B.U. Fit is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.

Fees

You acknowledge that B.U. Fit charges fees for its services, and B.U. Fit reserves the right to change its fees from time to time in its discretion. If B.U. Fit terminates its services to you because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of a Package or personal training package or other fees.

Studio Rules and Regulations

All individual classes, Packages and personal training purchases are non-refundable. No exceptions. You must be physically present and checked in 5 minutes prior to the start of a yoga class or your spot will be released to a wait-listed client, if any. No exceptions. Reserved yoga classes must be changed or canceled within 12 hours of scheduled time or they will be forfeited.  In the case of unlimited monthly class packages, if you are a repeat offender, you may be asked or required to discontinue your unlimited monthly class package. If recovering from injury or illness, please notify the instructor prior to class start time. No one under 15 may participate in a yoga class or personal training session. A minor aged 15-18 may participate with a parent present.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Service, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Service and our Privacy Policy, these Terms of Service control.

Your Acceptance of Our Photography Policy

From time to time, we may photograph you participating in a class or otherwise in the Facilities (defined below), by agreeing to these Terms of Service, you agree to and allow us to photograph or video you for use on this Site or in promoting B.U. Fit.  If you request that your photograph be removed from the Site or promotional materials, we will remove your photograph from this Site and discontinue creating promotional materials after receipt of such request, but will have no obligation to remove your photograph from promotional materials already printed or used.

Assumption of Risk; Limitation of Liability

You have been advised that an examination by a physician should be obtained prior to commencing a yoga, fitness or exercise program, or initiating a substantial change in the amount of regular physical activity performed.  You have either (i) been examined by a licensed physician within the past six months and have been found by such physician to be in good health and fully able to perform all Activities (defined below) which you learn or perform during your time with B.U. Fit, its owners, instructors, agents, heirs, assigns, contractors and employees (the “B.U. Fit Representatives”); or (ii) have chosen not to obtain an examination or physician’s consent prior to beginning the Activities and thereby agree that you have done so solely at your own risk.

The use of the facilities provided by us (the “Facilities”) naturally involves the risk of injury to you or your guest(s), whether we or someone/something else causes it. As such, you understand and voluntarily accept this risk. You agree that B.U. Fit, each of the B.U. Fit Representatives and any owners, lessees or invitees of and to the Facilities (“Facilities-Related Parties”) will not be liable for any injury or damage, including, without limitation, personal, bodily or mental injury, economic loss, or any damage to you, resulting from the negligence of B.U. Fit, the B.U. Fit Representatives, the Facilities-Related Parties or anyone else using or at the Facilities. You waive any claims arising from your use of the Facilities whatsoever or from your mere presence on the premises of the Facilities.

You understand and agree that you will receive instruction in yoga theory and practice, weightlifting, resistance training, aerobic/cardiovascular exercise or other fitness activities (“Activities”).  You have been informed and understand that the Activities, whether requiring the use of equipment or not, can be and often are intense, stressful, hot and physically and mentally challenging, making them potentially hazardous, involving the risk of injury, including, among others, overheating, abnormal changes in blood pressure, fainting, heart attack, stroke or other serious disability, even death.  You understand, acknowledge and agree that to motivate you or the class to work harder or push you or the class beyond your or its perceived boundaries, the instructor(s) may yell at, or use profanity toward, you or the class.  You acknowledge and agree that you are voluntarily participating in the Activities and using equipment and machinery, if any, with full knowledge, understanding and appreciation of the dangers and risks involved.  You hereby expressly assume and accept all risks associated with the Activities, including, but not limited to, the risk of injury, regardless of severity or death.

You hereby release, discharge and hold harmless B.U. Fit, each of the B.U. Fit Representatives and each of the Facilities-Related Parties for any and all Claims of: (i) damage to, or theft of, personal property on or away from the Facilities, or (ii) personal injury, including but not limited to bodily injury, disease, disability, death, humiliation, or consequential loss of any kind arising out of my participation in any B.U. Fit or B.U. Fit Representative- led, sanctioned or sponsored event or activity, including, but not limited to, the Activities.  For purposes of this Terms of Service, “Claims” shall mean claims, demands, damages, rights of action or causes of action, present or future.  THIS LIMITATION OF LIABILITY INCLUDES WITHOUT LIMITATION, DAMAGE OR INJURY WHICH MAY OCCUR AS A RESULT OF: (I) EQUIPMENT BELONGING TO YOU, B.U. FIT, A B.U. FIT REPRESENTATIVE OR A FACILITIES-RELATED PARTY THAT MAY MALFUNCTION OR BREAK, (II) A SLIP OR FALL, (III) A SWING, THROW, DROP OR MISHANDLE/MISUSE OF EQUIPMENT BY YOU OR OTHERS; (IV) NEGILIGENT INSTRUCTION OR SUPERVISION; OR (V) NEGLIGENT ACT OR FAILURE TO ACT OF OR BY B.U. FIT, A B.U. FIT REPRESENTATIVE, A FACILITIES-RELATED PARTY, A STUDENT OR OTHER INVITEE AT OR TO THE FACILITIES.

If you are pregnant, you will not attend any Activities until you have discussed the potential risks to you or your unborn child / fetus with my obstetrician. You agree that you will follow your obstetrician’s recommendations and on behalf of yourself, your heirs, spouse or other interested party release, discharge and hold harmless B.U. Fit, the B.U. Fit Representatives and the Facilities-Related Parties for any possible injury to you or your unborn child/fetus.

If you are under 18 years of age, you will disclose your age to B.U. Fit or a B.U. Fit Representative.  If you are under 18 years of age, you must have your parent or legal guardian agree to these Terms of Service on your behalf prior to taking a class or engaging in personal training session.

YOU ACKNOWLEDGE THAT YOU HAVE THOROUGHLY READ THIS ASSUMPTION OF RISK, LIMITATION OF LIABILITY PROVISION IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.  BY SIGNING THIS DOCUMENT, YOU ARE WAIVING ANY RIGHTS YOU OR YOUR SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST B.U. FIT, ANY OF THE B.U. FIT REPRESENTATIVES OR ANY OF THE FACILITIES-RELATED PARTIES FOR ITS, HIS, HER OR THEIR NEGLIGENCE.

Ownership of the Site and Its Content

The content on the B.U. Fit Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to B.U. Fit subject to copyright and other intellectual property rights under the law. Content on the Site is provided to you “as is” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. B.U. Fit reserves all rights not expressly granted in and to the Site and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or Services, provided by you to B.U. Fit are non-confidential and shall become the sole property of B.U. Fit.

You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

“B.U. Fit,” and the “stripes” icon and other graphics, logos, wordmarks, and designs are trademarks of B.U. Fit.  B.U. Fit’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of B.U. Fit.

Violation of Copyrights

 B.U. Fit 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 this Site or has been otherwise copied and made available on this Site in a manner that constitute 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 this Site (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.

Mobile Services

The B.U. Fit Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book classes and/or purchase B.U. Fit Services via your mobile phone, (ii) the ability to receive and reply to B.U. Fit messages, (iii) the ability to browse B.U. Fit from your mobile phone and (iv) the ability to access certain B.U. Fit features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding B.U. Fit and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Third-Party Sites

Our Site may contain links to third-party sites that are not owned or controlled by B.U. Fit.

B.U. Fit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of California, USA, without giving effect to any principles of conflicts of law.

Changes to this Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

We encourage you to review this Agreement periodically for changes. If you do not agree to any portion of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site and discontinue any use of the Site immediately.

Term

These Terms of Service shall remain in full force and effect while you use the B.U. Fit Services or access the Site. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. B.U. Fit, may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

Entire Agreement; No Waiver

These Terms of Service, together with our Privacy Policy, and any other legal notices published by B.U. Fit on the Site, shall constitute the entire agreement between you and B.U. Fit concerning our Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and B.U. Fit’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. B.U. Fit reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

Arbitration

ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE FULLY, FINALLY AND SOLELY RESOLVED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGEMENT UPON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, except that to the extent that either you or we have in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Contacting Us

If you have any questions about these Terms of Service, the practices of B.U. Fit, or its services, or your dealings with this site, please contact us at:

B.U. Fit,

619.957.3444

bu@tabufit.com

These Terms of Service have been updated and effective as of May 21, 2018.