BRRRN TERMS & CONDITIONS
Effective as of June 25, 2020
Welcome to Brrrn. These are our terms and conditions. This website is operated by Brrrn, LLC which includes Brrrn Fitness Studios and its subsidiaries, including Brrrn Flatiron (collectively “Brrrn”). This policy governs your use of the Brrrn website (the “Website”) and Brrrn Exercise Activities (as defined herein). The Website is designed to allow users to make Brrrn At-Home subscription purchases, view on-demand and live content, and communicate with Brrrn Flatiron.
Our Contact Information
107 W. 20th Street
NY, NY 10011
BRRRN WAIVER AND RELEASE
Brrrn operates and broadcasts on-demand classes, events, and other programs through a subscription based video/on-demand service (“Brrrn At-Home”), many of which feature the Brrrn Board, also known in the fitness arena as a slide board, as well offering in-studio fitness classes at Brrrn Flatiron (collectively, “Brrrn Exercise Activities”).
By participating in Brrrn Exercise Activities, and other programs provided by us, including use of the Brrrn Board and/or other equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that: (i) there are certain inherent risks and dangers in the strenuous nature of Brrrn’s workout program, and (ii) you have voluntarily chosen to participate in an intense physical exercise program. You understand that Brrrn strongly recommends that you consult with a physician prior to commencing any Brrrn Exercise Activities. You acknowledge that you have been fully informed of the strenuous nature of Brrrn’s exercise programs and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. You assume all risk for your health and well-being, and fully release and hold harmless Brrrn for any responsibility, cost or damages..
You have also been advised that you may be instructed to hold your breath for extended periods of time as part of your participation in the Brrrn Exercise Activities, as certain breathing methods and techniques have been incorporated into Brrrn’s fitness program. You are aware of the potential health risks associated with such breath practices.
You understand and take full responsibility for any and all injuries/damage(s) when participating in Brrrn Exercise Activities, related or otherwise as a result of: (1) your own negligence, (2) the negligence of others, or (3) through no fault of your own, Brrrn instructors, or anyone else, due to the nature of the Brrrn Exercise Activities.
In consideration of being allowed to participate in Brrrn Exercise Activities by a physician or on your own accord, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Brrrn Exercise Activities, (2) release, indemnify, and hold harmless Brrrn and its officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Brrrn Exercise Activities, and (3) represent that you (a) have no medical or physical condition that would prevent you from fully participating in the Brrrn Exercise Activities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise, whether cold-temperature related or otherwise.
You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Brrrn Exercise Activities.
CHANGES TO THIS AGREEMENT
We reserve the right to modify the Terms of Service at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or mobile apps, or other manner. Your failure to cease use of our services after receiving notification of the modification will constitute your acceptance of the modified terms.
If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Website, or discontinue any use of the Website immediately.
PUBLICITY RELEASE: You agree that Brrrn may photograph and record you and may display, publish, distribute, create derivatives, exhibit, broadcast, edit, advertise, publicize, promote, and use aforementioned photographs and recordings in connection with your participation in Brrrn Exercise Activities and your attendance at the Brrrn Facilities, and in connection with advertising to promote the aforementioned events or activities. You further agree and expressly consent that Brrrn may display the aforementioned photographs and recordings online through websites and social media services to promote Brrrn’s business and operations. You waive any personal or proprietary rights with respect thereto. You represent and warrant to Brrrn that you have not made any contract or commitment in conflict with this grant, and that you will seek no further consideration for any use contemplated by this Publicity Release.
GUARDIAN’S PERMISSION AND RELEASE FOR MINOR: If you are agreeing to this Waiver and Release on behalf of a minor, you understand and agree that your child’s participation in Brrrn Fitness Activities is by your own choice and, your agree that the Waiver and Release above applies equally to your child and you and any claims you, he or she, may have. You also waive any derivative claims that relate to or arise out of your child’s participation in Brrrn Exercise Activities and/or attendance at the Brrrn Facilities. I also agree that the Publicity Release above applies equally to my child and me.
I have read this Brrrn Waiver and Release, fully understand its terms, and understand that I am giving up substantial rights including my right to sue Brrrn under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.
COMMUNICATION WITH BRRRN: OUR GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website, or communicate with Brrrn via email, you are communicating electronically. You consent to receive communications from Brrrn electronically. Brrrn will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that Brrrn provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
Brrrn does not collect any personal information about individuals — such as names and postal codes, home addresses, and email addresses — except when such information is knowingly provided to Brrrn. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by Brrrn must be voluntarily submitted by the user.
Brrrn may use the information provided to contact you with important information, required notices, and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION
The Website collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website, which allows Brrrn to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
Brrrn makes every effort to ensure that all of the transactions that occur on the Website is secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
WHAT IS A SECURE CONNECTION?
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for “secure” and indicates a secure connection to the Brrrn website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others. Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites the website that creates a cookie is the only one a browser will permit to access it.
HOW INFORMATION IS USED
The following are examples of how Brrrn might use the personal information collected through the Website:
* If you purchase a Brrrn series, sign up for a Brrrn class, or purchase Brrrn retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
* If you indicate that you are interested in receiving Brrrn related news and information, you may receive emails to the email address you provided as part of the registration process.
For the non-personally identifiable information collected throughout the Website:
* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website and the overall Brrrn experience.
You can help Brrrn maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. Brrrn will never share telephone numbers, email addresses, or any personal data with third parties.
Brrrn reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
PRIVACY OF MINORS
A parent or guardian must sign waiver on behalf of a minor before the minor shall be permitted to participate in a class. If Brrrn discovers that personal information has been submitted by a minor without a signed participant/registration waiver, Brrrn reserves the right to delete such information. Brrrn does not seek or share personal information from minors throughout the Website.
In order to make a reservation, you must first own a single class or a series (multiple classes). To buy an individual class, infrared sauna session or series online, you can either sign up here by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.
You should be aware that classes and series expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express.
Your credit/debit card will be charged for your order when you submit your reservation. Brrrn will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Brrrn may incur in its efforts to collect any unpaid balances from you.
You will be charged $10 for missing a class that you didn’t cancel, deemed a “no show” fee.
RESERVATIONS/CHARGES/CLASSES AND GIFT CARDS
In order to make a reservation, you must first buy a class or a series of classes. To buy an individual class or series of classes online, you can either sign up here by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.
You should be aware that classes and series expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. Your credit/debit card will be charged for your order when you submit your reservation. Brrrn will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Brrrn may incur in its efforts to collect any unpaid balances from you.
All sales are final. Cannot be exchanged for cash of any value.
Subscriptions are offered on a per month or annual basis. Future subscription prices are subject to change, Your credit/debit card will be charged for your order when you buy your subscription package. Brrrn will not process subscription charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Brrrn may incur in its efforts to collect any unpaid balances from you.
All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. Brrrn reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a class or series. Should Brrrn charge you the full price your rights to then cancel such subscription services and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. Brrrn also reserves the right in its discretion to immediately cancel all accounts linked to you in such circumstances.
RIGHT TO CANCEL
You may cancel your purchase of a subscription at any time. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to firstname.lastname@example.org or Brrrn Flatiron, LLC, 107 West 20th Street, New York, NY 10011, Attention: Refunds. Brrrn will refund the subscription that month if still within 5 days of the cycle.
Brrrn can only process refunds for transactions within the last 180 days.
If Brrrn stops offering subscription services on-demand, you may cancel your purchase.
In addition to your rights of cancellation and refund if you wish to simply cancel the subscription, you may do so up until the 5th day of the billing cycle of the month, and in such case your month’s fee will be returned to your account to be used at a future date, subject to the applicable expiry date for such subscription. If you purchased the annaul fee, all sales are final up after 2 weeks.
LINKS/THIRD PARTY WEBSITES
Brrrn has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website may contain the Brrrn logo, please understand that it is independent from Brrrn, and that Brrrn has no control over the content of that website and/or app.
Going to third party or off-site websites from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with Brrrn.
MUSIC & FEED.FM PLAYER
There is no affiliation, connection, association or endorsement of the products, goods or services displayed on this page by the copyright owners, featured recording artists and authors of the sound recordings (and the musical works embodied therein) transmitted through the Feed.fm player.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of Brrrn are proprietary to Brrrn and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Brrrn. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Brrrn, is strictly prohibited.
You acknowledge that Brrrn and/or third-party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. Brrrn may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
As between you and Brrrn, you own all content that you submit to Brrrn. You grant Brrrn and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Brrrn’s services permission to view your content for their personal, non-commercial purposes.
In participating in Brrrn’s classes, you may be photographed, videoed or otherwise recorded by Brrrn or third parties authorized by Brrrn in its or such third parties producing of content which among other things Brrrn or such third parties may use to advertise, report upon, market and/or promote Brrrn and its services. You hereby consent to such usage of your imagery for all and any such purpose by Brrrn and such third parties and hereby agree that Brrrn and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of Brrrn to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of Brrrn’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any Brrrn products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, Brrrn’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use Brrrn’s material will automatically terminate and any copies made of Brrrn’s material must be immediately destroyed.
Any unauthorized use of Brrrn’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will Brrrn be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Brrrn expressly advised of the possibility of such damage.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRRRN WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRRRN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN BRRRN FITNESS ACTIVITIES.
WITHOUT LIMITING THE FOREGOING, BRRRN’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH YOUR PARTICIPATION IN BRRRN FITNESS ACTIVITIES IS LIMITED TO THE AMOUNT PAID TO BRRRN IN CONNECTION WITH YOUR PARTICIPATION IN BRRRN FITNESS ACTIVITIES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
All information is provided by Brrrn on an “as is” basis only. Brrrn provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
CHOICE OF LAW
The Website, and your use hereof, is governed by the laws of the State of New York, without regard to New York’s choice of law provisions. Any claim arising out of your use of this Website must be brought in New York.
Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in Brrrn’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions. Users of the Website are encouraged to check this document periodically to stay informed of current privacy guidelines.
ACCEPTANCE OF TERMS
By using the Website, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website. Your continued use of the Website following the posting of changes to these terms will indicate your acceptance of those changes.
Brrrn collects sales tax on taxable credits, memberships, and other products in New York State, and on credit cards registered in other states for services to be conducted at Brrrn in New York State. Taxes will be reflected during checkout based on the location and product.
RETURNED PAYMENT PENALTY
Members and Participants will automatically be charged any bank fee imposed on Brrrn, plus a processing fee of up to $25, for any returned payment due to closed accounts, insufficient funds, or other reason. If this occurs, Brrrn retains the right to collect the current and past due balances in any month after the returned payment.