Terms & Conditions
Last Updated: December 13, 2024
These Terms and Conditions (“Terms”) govern your access to and use of all content, products, and services (the “Services”) available at https://betterbodypulse.com (the “Site”) operated by Better Body Pulse (“us,” “we,” or “our”). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to any part of these Terms, do not access or use the Services.
1. Acceptance of Terms
Your access to and continued use of our Services is subject to the acceptance, without modification, of these Terms and all other operating rules, policies, and procedures that we may publish from time to time. Please read these Terms carefully before accessing or using the Services.
2. Intellectual Property
No transfer of intellectual property rights occurs from us to you. All right, title, and interest in and to such property will remain solely with Better Body Pulse and its licensors. You may not reproduce, distribute, modify, create derivative works, or publicly display any copyrighted or trademarked materials without our written consent.
3. Third-Party Services
Our Services may integrate or allow access to third-party services, products, software, or applications (“Third-Party Services”). Your use of these Third-Party Services is at your own risk. We do not control and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We are not liable for any damage or loss arising from your use of or reliance on such Third-Party Services.
4. Accounts
To access certain features of our Services, you may be required to create an account and provide complete and accurate information. You are responsible for all activities under your account. You must keep your login credentials confidential and notify us immediately of any unauthorized use of your account. We shall not be liable for any losses resulting from your failure to safeguard your account.
5. Links to Other Websites
The Site may contain links to third-party websites or services. We assume no responsibility for the content, privacy policies, or practices of these external sites. Your use of such third-party websites is at your own risk, and we encourage you to review their terms and privacy policies before using them.
6. Termination
We may terminate or suspend your access to all or any part of the Services at any time, with or without cause or notice. If you wish to terminate your account, simply discontinue using the Services. Provisions related to ownership, disclaimers, indemnity, and limitations of liability shall survive termination.
7. Disclaimer
The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be error-free, secure, or uninterrupted. Your use of the Services is at your own risk.
8. Jurisdiction and Applicable Law
Unless otherwise required by applicable law, these Terms and any access to or use of the Services are governed by the laws of New York. Any disputes arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in New York. You consent to personal jurisdiction and venue in these courts.
9. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If changes are material, we will provide notice (e.g., posting on our Site or sending an email) before the changes take effect, and will endeavor to provide at least 30 days’ notice. Your continued use of the Services after changes become effective constitutes acceptance of the new Terms.
10. Health, Safety, and EMS Workouts
Our Services may include activities, workouts, and fitness equipment, including Electrical Muscle Stimulation (“EMS”) devices. By participating in these activities, you acknowledge and agree to the following:
– Medical Conditions: Certain conditions (e.g., cardiac arrhythmias, pregnancy, neurological disorders, recent surgeries, or severe circulatory issues) may limit your use of EMS or other workouts. You agree to inform us if you have any such conditions and to consult with a physician before starting or continuing these exercises.
– Assumption of Risk: Physical exercise, including EMS training, carries inherent risks of injury, discomfort, or other adverse effects. You voluntarily assume all associated risks. If you experience unusual symptoms or pain, you agree to stop immediately and consult a physician.
– No Medical Advice: We do not provide medical advice. No statement by our trainers, staff, or on our Site should be construed as medical advice or a substitute for professional medical guidance.
– Results Vary: EMS training and other workouts may increase strength, metabolism, and muscle mass, but results vary by individual. We make no guarantees regarding specific outcomes.
11. Release and Indemnification
You hereby release, discharge, and hold harmless Better Body Pulse, its owners, employees, agents, instructors, franchisors, and affiliates (“Released Parties”) from any and all claims, demands, damages, or losses, including those arising from negligence, related to your participation in the workouts, use of equipment, or receipt of the Services. You agree not to sue the Released Parties and to indemnify and defend them against any claims arising from your use of the Services or violation of these Terms.
12. Cancellation Policy for Workouts
To avoid charges, sessions must be canceled at least 24 hours in advance. Cancellations made less than 24 hours before a scheduled session may incur the full session fee. If we cancel a session with less than 24 hours’ notice and cannot provide a replacement trainer, you may receive one free session to be used within 365 days. No free session is granted for cancellations made by us with more than 24 hours’ notice.
13. Client Relationship Conditions
Clients must be physically and psychologically able to perform the workouts safely. You agree to provide accurate and complete information about your limitations or impairments. Failure to disclose pertinent information may result in your sole liability for resulting harm. We reserve the right to amend these Terms from time to time, and your continued use of the Services constitutes acceptance of the changes.
14. Additional Operational Terms
Frequency of Sessions: We generally recommend no more than one EMS workout session every 72 hours.
Scheduling: Sessions can be booked via our website, or by contacting us directly.
Fees and Payments: Current pricing and fee structures are available on our Site. Contracts are typically subject to regular adjustments, and all payments are due as specified. Prepaid contracts are non-refundable.
15. Contract Terms, Cancellations, and Refunds
Monthly contracts have a minimum three-month term and renew monthly. You may terminate after the initial term with 30 days’ written notice. Contracts may be canceled within three days of the Effective Date without penalty. Contracts may also be terminated early with a physician’s note indicating an inability to participate, or if you relocate more than 15 miles from a Better Body Pulse serviced area. No refunds are issued for unused sessions prior to termination notice. Sessions must be used within 365-days from date of purchase; unused expired sessions cannot be refunded or credited to the account. Better Body Pulse allows returns for unopened and unused products, which can be exchanged for our other goods, on-line credit, or under certain circumstances, a full refund. Opened or used products are not eligible for exchanges or refunds. Only the original purchaser of the gift card is eligible to request a refund or make adjustments to the transaction within 48 hours of purchase date.
16. Data Collection and Privacy
We may collect, store, and process personal data, including data from EMS devices and body composition analyses, for communication, assessment, marketing, or research purposes. You may withdraw consent at any time in writing. Please review our Privacy Policy for details on how we handle your personal information.
17. Liability
We are not liable for injuries, loss of property, or damages resulting from your participation in our workouts, use of our equipment, or Services. You are responsible for reporting any incidents and safeguarding your belongings. We are not responsible for injuries resulting from failure to disclose conditions or incidents.
18. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that closely reflects the intent of the original.
19. Reserved Right
We reserve the right to change these Terms at any time. Your continued use of the Services after such changes become effective constitutes your acceptance of the revised Terms.
20. Place of Jurisdiction
All disputes arising out of or relating to these Terms shall be resolved in the courts of the state in which your designated home studio is located. You agree to submit to the personal jurisdiction and venue of these courts.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.