How these Terms of Use apply to you

1. Welcome to Barre Base, which is owned and operated by Barre Base Limited a New Zealand company registered under number 6467592 (“we, us, our or the Barre Base”). These Terms of Use apply to all users of our in-person services including group classes and one-on-one sessions (“Services”).
2. As a user of our Services (“you, your”), your use of the Services means that you accept and agree to these Terms of Use. If you do not agree, then please do not use the Services. By using our facilities and equipment you also accept and agree to our Inhouse Rules which form part of these Terms of Use.
3. You confirm that you are over 18 years, or if under 18 years, these Terms of Use have been agreed to by my legal guardian. You agree that this waiver binds your heirs, next of kin, executors, administrators and successors. The Services are not generally suitable for use by children under the age of 14. Individuals under the age of 18 years may use the Services by using their parent or legal guardian's account with us with the consent and supervision of the applicable parent or legal guardian and by following these Terms of Service. If you are the parent or legal guardian of a child, you are responsible for monitoring and supervising your child's use of the Services and ensuring that they follow the terms set out under “Your Responsibilities”.
4. We will notify you at least 30 days before making any material changes to these Terms of Use (such as the price), unless the changes need to be implemented quickly for security, legal or regulatory reasons, in which case we will notify you of the changes as soon as we can. If any change to these Terms of Use will materially disadvantage you, or materially affect the availability of the Services, we will provide you with 30 days' notice before the changes become effective and you can choose to cancel your relationship with us before the changes take effect.
5. If a materially adverse change is going to come into effect during your current relationship with us, you can cancel it before the change comes into effect and we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the Services but not received.
6. If you continue to use the Services following any change to these Terms of Use your continued use constitutes your acceptance of the amended Terms of Use. These Terms of Use were last updated in August 2021.
7. If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date. Your privacy rights are set out in our Privacy Policy located at (link to come).
8. By using the Services you consent to receive electronic communications from Barre Base. These communications will include emails about your account, password, access, marketing, transactional and other information related to the Services. You can contact us at hello@barrebase.co.nz with any queries, concerns or complaints.

Health, Safety and Your Waiver

1. You are responsible for exercising within your limits when using the Services. We do not guarantee or promise any results from your use of the Services. This means you agree to:
   • consult your doctor before using the Services and follow his or her advice. The Services do not constitute medical or professional advice or care.
   • not use the Services if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries. Do not participate in indicated videos if you are prone to seizures. Flashing lights and rapid imagery changes may be used in the Services. Motion sickness may be experienced.
   • read and follow all safety guidance provided as part of the Services, especially before participating for the first time or if you are unfamiliar with the exercises on the Services.
   • stop using the Services immediately if at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea.
2. You warrant that you are not suffering from any condition, disease, incapacity or other impairment that would prevent you from participating in any of the Services and have either sought medical advice about your ability to participate in them or have decided to participate in them without medical advice. You warrant that the information you have provided to us regarding your medical condition(s) or other information is correct. You acknowledge that we have not and will not provide you with medical advice. If your health situation changes, you must promptly inform your teacher.
3. You understand that the Services include physical movement, breath-work and stretching techniques. As is the case with all physical activity, you accept that there is risk of injury associated with the Services, even serious or disabling, which is always present and cannot be entirely eliminated. If you experience any pain or discomfort, you will immediately listen to your body, adjust or change the technique or posture, and inform and seek the assistance of your teacher. You consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during the Services.
4. You acknowledge that while we will take an practicable steps to reduce the risks, and ensure the safety of equipment and facilities used for the Service in accordance with our health and safety obligations under New Zealand law, it is not possible for us to eliminate all risk. You will comply with all our instructions when using the Services.
5. You hereby waive, release and discharge us, our officers, employees, agents, contractors, assigns and successors from and against any and all liability for any loss, damage, injury, expense, demand or cause of action that you may suffer with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise as a result of your presence in, upon or about our premises as a consequence of your use of our facilities and equipment or otherwise, to the maximum extent permitted by New Zealand law.
6. You acknowledge that you have read the waiver provisions set out in these Terms of Use and have been allowed the chance to seek legal advice if you wish. You warrant that you have either sought advice or decided not to seek advice. You acknowledge that you fully understand these provisions, and have accepted them voluntarily.
7. You have no intellectual property rights in or to the Services or any associated content, other than the right to use them in accordance with these Terms of Use.

Payment

1. We may offer a number of payment plans. Any specific terms relating to a particular payment plan will be notified to you before you sign up for any particular one. The specific terms will take precedence over the terms set out in these Terms of Use to the extent that a conflict arises.
2. You agree to pay all fees owed to us by the due date specified for payment. If you purchase concession cards they cannot be shared with others, sold on or refunded. Concession cards expire within 9-months of purchase. Unless required by law, there are no refunds or credits for partially used periods.. We may seek compensation for any costs incurred, including legal costs on a solicitor-client basis.
3. Student ID cards are required for any discounted student purchase.
4. You can cancel any booking made via Punchpass 4+ hours before a session.You agree that we will charge a $15 fee for any no-shows or late cancellations. This is to protect our business and so other clients do not miss out on fully booked classes.
5. You can purchase the First Timers Deal ($55 for an unlimited month at Barre Base) on your first visit to use the Services at our premises.

Your Other Obligations

1. You agree to:
   • pay all charges issued by us relating to your use of the Services;
   • comply at all times with these Terms of Use;
   • use the Services for your own personal and non-commercial use, and not for any commercial or business purpose;
   • ensure all information you give us is correct at all times, and notify us immediately of any changes to your contact details;
   • follow the instructions and directions we provide about using the Services and only use them in accordance with all applicable laws, rules and regulations;
   • be responsible and liable for any use by any other person (authorised or unauthorised) of the Services we provide to you, including, without limitation, any charges associated with that use and any consequences if an applicable person misuses the Services or breaches these Terms of Use or suffers any injury or damage to their property;
   • make sure everyone you are responsible for and who may use or do anything in relation to the Services also meets the responsibilities set out in these Terms of Service.
2. You agree to indemnify and hold harmless Barre Base, its officers, employees, agents, contractors, assigns and successors from any and all losses, liabilities, damages, cost and expenses that they may incur, for any whatsoever, that may arise as a result of your use of our Services.

Our Liability

1. It is your responsibility to make sure you work out safely at our premises. We acknowledge your rights as a consumer under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993, but provided we have acted with reasonable care and skill, we will not be held liable for any direct, indirect or consequential loss or damage of any kind, whether to you or your property. Compensation for personal injury by accident in New Zealand is covered by the Accident Compensation Act 2001.
2. If you have any doubts about your fitness and capability to exercise, or if you have a medical condition that may affect your safety or wellbeing, we strongly recommend that you get advice from a doctor before using our Services. For the safety of all, you are responsible for correctly using our facilities, reading our signs and notices, and following staff instructions and any in-house rules.
3. We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to limit or exclude liability for fraudulent misrepresentation, wilful misconduct or gross negligence by us or our employees or agents or any other liability which cannot be limited or excluded under applicable law.
4. If we breach these Terms of Use we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms of Use.
5. You have certain statutory rights under the applicable laws of your territory (such as the Consumer Guarantees Act in New Zealand). Nothing in these Terms of Service is intended to affect these statutory rights.
6. To the fullest extent permitted by law, apart from the liability set out in clause 24, in no event shall our total liability to you for all losses or damages arising from your use of the Services or your subscription exceed the amount you have paid.

Cancellation or Termination

1. You may end your right to use the Services at any time. We may end your right to use all or any part of the Services immediately if we have a reasonable belief that you have breached these Terms of Service or if you are using the Services in any manner other than for its intended purpose, fraudulently or illegally. If what you have done can be fixed, we may give you a reasonable opportunity to do so.
2. If we decide to discontinue any part of the Services, we will give you at least 30 days' prior notice (unless we need to discontinue the Services (or any part of it) immediately for legal reasons, including in order to comply with a court order. If we discontinue the Services, we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the Services but not yet received.
3. If we end your rights to use the Services, you must stop all use of the Services immediately. Unless required by law or by these Terms of Use, you will not be paid a refund.

Unforeseen Circumstances & Closures

1. We will not be liable for or responsible for any failure to perform any of our obligations under these Terms of Use that is caused or contributed to by any event that is outside our reasonable control, including without limitation acts of God, riots, acts of war, terrorism, epidemics, governmental action, fire, power failures, earthquakes or other disasters.
2. There may be occasions when we are required to close our premises, operations and services. We will endeavour to advise you in advance of such a situation, where possible, unless the issue is urgent or an emergency. Where possible, we will try to ensure that any such closures are in off peak hours and are kept to a minimum.