TERMS OF SERVICE

Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.infiniteathletics.com (“the Site”) operated by Infinite Athletics, LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.infiniteathletics.com. By accessing or using the Site in any manner, including, but not limited to, 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 Infinite Athletics’ Services. You are only authorized to use the Infinite Athletics 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. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Infinite Athletics website and discontinue use of Infinite Athletics Services immediately.

MEMBER SERVICES AND POLICIES

CANCELLATIONS: As stated in the training agreement, YOU MUST CANCEL SESSIONS 24 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT SESSION. This includes switching time slots under the 24-hour notice time period. You may cancel sessions via email or by calling your trainer directly.

LIMITATION OF LIABILITY

By agreeing with your trainer to perform physical activity you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Infinite Athletics training. You acknowledge that you have voluntarily chosen to participate in a program of moderate/intense physical exercise. You acknowledge that Infinite Athletics strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by trainers. In consideration of being allowed to work with Infinite Athletics trainers, 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 Infinite Athletics workouts, (2) release, indemnify, and hold harmless Infinite Athletics, and each of their respective members, employees and 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 Infinite Athletics training modules (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Infinite Athletics’ gyms and studio facilities, (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. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Infinite Athletics’ training sessions.

INTELLECTUAL PROPERTY AND TRADEMARKS

The content on the Infinite Athletics website, 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 Infinite Athletics, subject to copyright and other intellectual property rights under the law. Content on the website 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. Infinite Athletics reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Infinite Athletics. You agree to not 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 website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein. “Infinite Athletics,” “IA,” and the “IA logo” icon and other graphics, logos, wordmarks, and designs are trademarks of Infinite Athletics in the U.S. and/or other countries for which applications are pending. Barry’s Bootcamp’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 Infinite Athletics.

THIRD PARTY SITES

Our Site may contain links to third-party sites that are not owned or controlled by Infinite Athletics LLC. Infinite Athletics LLC 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 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 of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

ELIGIBILITY

Participation is void where prohibited. This website is intended solely for users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using Barry’s Bootcamp Services or the website, you represent and warrant that you are 13 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 13 and 18 may register on our website only with the involvement of a parent or guardian.

TERM

These Terms of Service shall remain in full force and effect while you use the Infinite Athletics Services or are a client. You may terminate your training package at any time, for any reason, by following directions given to you by your trainer via phone or email. Infinite Athletics may terminate your training packages at any time, without warning, if you breach these Terms of Service. Even after training packages are terminated, these Terms of Service will remain in effect.

FEES

You acknowledge that Infinite Athletics charges fees for its services, and Infinite Athletics reserves the right to change its fees from time to time in its discretion. If Infinite Athletics terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

GOVERNING LAW

These Terms of Service, together with our Privacy Policy, and any other legal notices published by Infinite Athletics on the website, shall constitute the entire agreement between you and Infinite Athletics concerning our website. 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 Infinite Athletics’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Infinite Athletics 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 Infinite Athletics website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

ARBITRATION

YOU AND INFINITE ATHLETICS AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has 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 Infinite Athletics or its services, or your dealings with this site, please contact us at:

Infinite Athletics
2804 31st St.
Suite #5A
Long Island City, NY 11102
347-774-0172
info@infiniteathletics.com

These Terms of Service have been updated and effective as of August 9, 2017