TERMS
This policy governs your use of the BURN 60? LLC Website (the "Website") and also contains required waivers and assumptions of risk, which you must agree to before you may attend classes, event, activities, and other programs and use the facilities and equipment BURN 60? LLC.  This agreement affects your legal rights, please read it carefully before clicking.  

PURPOSE

The Website is designed to allow users to make class/series purchases, register for classes, book treadmills and communicate with BURN 60? LLC.

GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website, you are responsible for maintaining the confidentiality of your account and 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 BURN 60(r) LLC via email, you are communicating electronically. You consent to receive communications from BURN 60(r) LLC electronically. BURN 60(r) LLC 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 BURN 60(r) LLC provides electronically satisfy any legal requirement that such communications be in writing.


USER PROVIDED INFORMATION
BURN 60(r) LLC 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 BURN 60(r) LLC. Personal information might be obtained from online transactions such as the purchase of services, 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 received by BURN 60(r) LLC must be voluntarily submitted by the user.
BURN 60(r) LLC may use the information provided to contact you via email, regular mail or text message with important information, 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 site traffic and to help us monitor how individuals use the Website, which allows BURN 60(r) LLC to provide an optimal experience and better service. The information collected automatically does not contain anything that can identify individuals personally, such as an email address or physical address.

HOW INFORMATION IS USED
The following are examples of how BURN 60(r) LLC might use the personal information collected through the Website:
* If you purchase a BURN 60(r) LLC series, sign up for BURN 60(r) LLC class, or purchase BURN 60(r) LLC 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 BURN 60(r) LLC 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 BURN 60(r) LLC experience.

RESERVATIONS/CHARGES
In order to make a reservation, you must first own a single class or a series (multiple classes). To buy an individual class 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. Cash payments may only be made in a BURN 60(r) LLC studio. 
Your credit/debit card will be charged for your order when you submit your reservation. BURN 60(r) LLC 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 BURN 60(r) LLC may incur in its efforts to collect any unpaid balances from you.

 


CANCELLATION POLICY
Cancellations must be received eight hours prior to the start of the class or you will be charged full price. Classes must be purchased by phone,or online to confirm your reservation. Please notify the studio if you are running late, otherwise your reservation will be released and given to someone in the studio or waitlist if you are not present at the start of class. 
You can cancel your reservation in the following ways:
1) Log into your account and, next to the class you wish to cancel, press "Cancel."
2) Call the studio where you're booked to cancel the class for you.


LINKS/THIRD PARTY WEBSITES
BURN 60(r) LLC 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 BURN 60(r) LLC logo, please understand that it is independent from BURN 60(tm) LLC, and that BURN 60(r) LLC has no control over the content of that website.
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 BURN 60(r) LLC.

INTELLECTUAL PROPERTY RIGHTS
The following trademarks of BURN 60? LLC are proprietary to BURN 60(r) LLC and may not be used by you for any reason other than as expressly permitted by these terms: Burn 60? LLC.
All Website and content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof are property of, or duly licensed to, BURN 60(r) LLC You have the right to view, electronically copy, and print in hard copy portions of the Website and 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 BURN 60(r) LLC, is strictly prohibited.
You acknowledge that BURN 60(r) LLC and/or third party content providers remain the owners of all Website and 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. BURN 60(r) LLC 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.

NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of BURN 60(r) LLC 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 BURN 60(r) LLC '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 BURN 60(r) LLC products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, BURN 60(r) LLC 's material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, User's permission to use BURN 60(r) LLC 's material will automatically terminate and any copies made of BURN 60(r) LLC 's material must be immediately destroyed.
Any unauthorized use of BURN 60(r) LLC '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 BURN 60(r) LLC 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 BURN 60(r) LLC expressly advised of the possibility of such damage.
All information is provided by BURN 60(r) LLC on an "as is" basis only. BURN 60(r) LLC 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, are governed by the laws of the State of California, without regard to California's choice of law provisions. Any claim arising out of your use of this Website must be brought in California.

POLICY CHANGES
Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in BURN 60(r) LLC '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 and 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 or our continued use of the Website or following the posting of changes to these terms will indicate your acceptance of those changes.


BURN 60(r) LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.

SECURITY STATEMENT
BURN 60(r) LLC makes every effort to ensure that all of the transactions that occur on the Website are 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. 

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.


WAIVER AND RELEASE:  

This following paragraphs contain waivers of claims and assumption of risk that will affect your legal rights. Please read it carefully before clicking. In addition, you will be required to sign a hard copy of this agreement at BURN 60(r) LLC before participating in any classes. acknowledge and agree that the activities in which I am about to engage involve physical activity which may from time to time be strenuous and which carries the inherent risk of injury, including death. I must: (1) judge my own capabilities with respect to participating in classes and other activities at Burn 60 (“Burn 60”) facilities; and (2) consult with a qualified physician before beginning any exercise regime and from time to time thereafter pursuant to my physician’s recommendations. I hereby assume all risk of injury, illness, damage or loss to me or to my property that might result, including, without limitation, any loss or theft of any personal property. I acknowledge that it is my responsibility to inform Burn 60 personnel immediately should an injury occur.

In consideration of my participation in the classes offered by, and use of the facilities and equipment located at, Burn 60, I hereby: (1) waive and release Burn 60, LLC, its principals, officers, owners, agents, employees, instructors, independent contractors, and affiliates (collectively, the “Burn 60 Parties”) from any and all claims, demands, causes of action, damages, expenses (including attorney’s fees), losses, and liabilities of any type whatsoever, past, present, or future arising out of or relating to my activities at Burn 60 (collectively, “Claims”) (excepting Claims caused by grossly negligent, reckless or willful conduct, except to the extent such a waiver is permitted under applicable law); (2) agree to indemnify and hold harmless the Burn 60 Parties with respect to any and all Claims for which I may be liable to others; and (3) covenant not to sue the Burn 60 Parties with respect to any Claim. The foregoing waiver of claims, agreement to indemnify, and covenant not to sue apply whether or not I am participating in a class, using any equipment, or acting under the supervision of Burn 60 personnel, at the time of any occurrence, act or omission.

I hereby waive the protections of Section 1542 of the California Civil Code, and any other statute or common law doctrine of like effect, which provide that a general release does not extend to certain claims which the releasing party does not know or suspect to exist at the time of executing a release, it being my express wish that the foregoing release extend to include unknown and future claims. The foregoing agreements are expressly intended to: (1) extend to my heirs, executors, administrators, legal representatives, assignees and successors in interest; (2) include injuries which may occur as a result of
(a) my use of any exercise equipment or facilities which may malfunction or break, (b) the Burn 60 Parties’ improper maintenance of any exercise equipment or facilities, (c) the Burn 60 Parties’ negligent instruction or supervision, including without limitation the absence of any supervision by a Burn 60 Party in connection with any personal training session, (d) my slipping and falling while at the Burn 60 Facility, and (e) the acts or omissions of other guests of Burn 60; and (3) include any Claims arising out of or relating to occurrences, acts and omissions anywhere on the Burn 60 premises, including without limitation the parking structure and the walkways between it and the Burn 60 workout facility.


In addition, and also in consideration of my participation in the classes offered by, and use of facilities and equipment located at Burn 60, and other good and valuable consideration, and intending to be legally bound, I:  (x) authorize Burn 60 to take my photograph, and to display, reproduce and distribute such photographs and all related copyrightable images of the me (the "Images") and to allow Burn 60 to use the Images and avoid any dispute with respect to ownership of the Images and I wish to waive my right to sue or otherwise proceed against Burn 60 for such use, whether direct or indirect, of the Images; (y) irrevocably and unconditionally release and discharge Burn 60, including each of its present, or former parent companies, subsidiaries, divisions, units, and affiliates and their respective licensees, sub-licensees, insurers, distributors, suppliers, partners, officers, directors, employees, shareholders, principals, photographers, successors, predecessors, agents, assigns, representatives and all persons acting through, under or in concert with Burn 60, from any and all claims, suits, causes of action, debts, damages, costs, expenses, liabilities, and demands of any kind, whether in law or equity, whether known or unknown, asserted or unasserted, related to the Images and for copyright infringement in connection with Burn 60's use, whether direct or indirect, of the Images for which I have any rights to date; and (z) I intend my execution of this Participant Release and Waiver Agreement to be a license for any ongoing or future use by Burn 60 and or its photographers of the Images, and I authorize Burn 60 to bring legal action for any improper use of the Images, including unauthorized use by me and for any infringement occurring after the date of thereof against third parties.

I have carefully read, fully understand and agree to each provision of the foregoing agreement.

4833-1328-4910, v.  3

LINKS/THIRD PARTY WEBSITES

BURN 60® LLC 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 BURN 60® LLC logo, please understand that it is independent from BURN 60® LLC, and that BURN 60® LLC has no control over the content of that website.
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 BURN 60® LLC.

INTELLECTUAL PROPERTY RIGHTS
The following trademarks of BURN 60™ LLC are proprietary to BURN 60® LLC and may not be used by you for any reason other than as expressly permitted by these terms: BURN 60® LLC. All Website and content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof are property of, or duly licensed to, BURN 60® LLC You have the right to view, electronically copy, and print in hard copy portions of the Website and 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 BURN 60® LLC, is strictly prohibited.
You acknowledge that BURN 60® LLC and/or third party content providers remain the owners of all Website and 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. BURN 60® LLC 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.

NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of BURN 60® LLC 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 BURN 60® LLC '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 BURN 60® LLC products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, BURN 60® LLC 's material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, User's permission to use BURN 60® LLC 's material will automatically terminate and any copies made of BURN 60® LLC 's material must be immediately destroyed.
Any unauthorized use of BURN 60® LLC '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 BURN 60® LLC 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 BURN 60® LLC expressly advised of the possibility of such damage.
All information is provided by BURN 60® LLC on an "as is" basis only. BURN 60® LLC 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, are governed by the laws of the State of California, without regard to California's choice of law provisions. Any claim arising out of your use of this Website must be brought in California.

POLICY CHANGES
Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in BURN 60® LLC '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 and 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 or our continued use of the Website or following the posting of changes to these terms will indicate your acceptance of those changes.


BURN 60® LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.

SECURITY STATEMENT
BURN 60® LLC makes every effort to ensure that all of the transactions that occur on the Website are 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.

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.