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Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES ARISING FROM YOUR USE OF THE BEAT APS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AS DESCRIBED BELOW.

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS WHICH MAY LIMIT YOUR RIGHTS TO SUE IN COURT AND HAVE DISPUTES RESOLVED BY A JUDGE OR JURY AS DETAILED BELOW. THESE TERMS ALSO CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

 

LAST UPDATED: JUNE 2024

 

Hey, guess what, like every other company around, we have some pretty detailed terms of service.

We know it’s a long page, and that’s because it’s broken up into chunks that describe different aspects of Beatriders services. Basically what it says is that we do our best to give you a good service, governed by reasonable rules and expectations.

 

CONTENTS

  1. Scope of the agreement
  2. Access to the Services
  3. Accounts and account security
  4. Authorized Use of Our Services and Prohibited Use
  5. Orders, purchases and refunds
  6. General policies, rules and regulations governing our classes
  7. Descriptions, testimonials, statements, trust
  8. User Content
  9. Mobile services
  10. Termination and Survival
  11. Third Party Websites
  12. Assignment
  13. Fees
  14. Non-harassment policy
  15. Intellectual Property Rights
  16. Feedback
  17. Consent to communication
  18. Services Interruptions
  19. Legal Disputes and Arbitration Agreement
  20. Indemnification
  21. Limitation of liability
  22. Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic
  23. Entire Agreement, Severability and Waiver
  24. notifications
  25. Updates to these Terms
  26. Other policies
  27. International users
  28. Interpretation
  29. Third party beneficiaries
  30. How to contact us

1. SCOPE OF THE AGREEMENT

The Beat ApS (“Beatriders”, “us”, “we” or “our”) provides fitness classes and related products, services, content and features to you through our websites (any reference to you shall also include any customer, who is classified as a minor whose guardian must accept and ensure compliance with these terms on their behalf):

https://beatriders.dk/

Through our mobile applications (e.g. iOS and Android) (collectively “ Apps ”), and in our physical studio(s) (together with any other services, content, features or products that we provide that link to these Terms, (“Services“).

These Terms of Service (the “Terms“) are an agreement between you and Beatriders that sets forth the legally binding terms and conditions for your use of the Services. By signing these Terms or continuing to use our Services, you agree that such use is legally sufficient consideration under these Terms. If you register or sign for a minor (15-18) years or older, if applicable in the minor’s jurisdiction of residence, the above also applies to the minor in question.

We have also adopted a Privacy Policy to which you should refer to fully understand how we use and collect information and to learn about our privacy practices.

By accessing or using the Services in any way, including, but not limited to, visiting or browsing the Websites, downloading or using the App(s), participating in classes at our studios or at home, or contributing content or other material to the Sites or on or through the App(s) (as the case may be), you acknowledge that you have read and understand this Agreement and agree to be bound by these Terms. You are only authorized to use the Services if you agree to comply with all applicable laws and the Terms. Please read the terms carefully and keep a copy for your own records. If you do not agree to (or cannot comply with) these Terms, you should exit the Sites or App and discontinue use of the Services immediately; not install, copy or use the Service, the Software or any music, images, video, text or other material available through the Service (“Content”).

Although these Terms apply to you any time you use our Services, certain provisions of these Terms will only apply to you when you participate in one of our training classes, either online or in a studio (our “Classes”). For these terms, please see the General Policies, Rules and Regulations section for participation in our classes.

2. ACCESS TO THE SERVICES

In order to access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all information you provide to us is accurate, current and complete. You agree that your failure to provide complete and accurate information may result in your access to the Services being terminated.

By using our Services, you represent that you are at least 15 years old and, if your parent or guardian is between 15 and 18 years of age, have consented to the Terms and your use of the Services. IF YOU ARE A PARENT/GUARDIAN AND YOU GIVE YOUR CONSENT TO A TEEN’S ACCESS TO AND USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. A minor aged 15 may only attend classes with a parent or guardian present and participating in classes. Minors 16 – 17 years of age can participate in the lessons without a parent or guardian, but the parent or guardian must accept these terms on their behalf. No one under the age of 15 may use the Services.

From time to time we may restrict access to some or all parts of the Services, including study courses, the Websites and App(s).

You agree to comply with the rules and policies established by Beatriders from time to time. Such rules and policies will generally be applied in a non-discriminatory manner to users of the Service and any related software, and may include, for example, required or automated updates, changes and/or reinstallations of the software and obtaining available patches to address security issues, interoperability and/or performance.

3. ACCOUNTS AND ACCOUNT SECURITY

  1. In order to access some services available on the Sites and Apps, you must create an account (“ Account ”). You may only have one active account at any given time and may not allow other persons to use your account to access or use our Services. You must not use another person’s account. We expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are solely responsible for the actions that take place on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

    We reserve the right to take any action we deem necessary or reasonable to maintain the security of our Services and your account, including without limitation, terminating your account, changing your password, or requesting information to authenticate transactions on your account.

    WE EXPRESSLY DISCLAIM LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

4. AUTHORIZED USE OF OUR SERVICES AND PROHIBITED USE

  1. You may use the Services only for lawful purposes and in accordance with these Terms. While using the Services, you are required to comply with all applicable laws, orders, rules, regulations and other laws that may be relevant in the jurisdiction where you receive the Services or reside.

    In addition, we expect users of the Services to respect the rights and dignity of others.
    You agree not to use the Services or the Content for any reason:

    – For illegal purposes or that may violate any applicable federal, state, local or international law or regulation that may be applicable in the jurisdiction where you receive the Services or reside;

    – Engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm us or other persons using the Services or expose them to liability.

    In addition, you do not agree, for any reason:

    – Use the Services or Content for any commercial purpose;

    – Use the Services in any manner that could disable, overburden, damage or impair the Sites or Apps or any other party’s use of the Services;

    – Use any robot, spider or other automated device, process or means to access the Service for any purpose;

    – Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;

    – Post, upload, share, transmit, distribute, facilitate the distribution of or otherwise make available on or through the Services any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, harmful, vulgar, obscene, hateful, pornographic, spam, discriminatory, invasive of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our discretion, including unauthorized or unsolicited advertising;

    – Send to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information or other personal information, unless specifically requested by us;

    – Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit any part of, use of or access to the Services or the Content for any commercial purpose;

    – Make any Content available for sale or rental or any other form of redistribution;

    – Use the Content or Services in any illegal manner or in whole or in part for any illegal purpose;

    – Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that we endorse any statement you make;

    – Transmit or introduce through the Services any viruses, worms, spyware, Trojan horses, logic bombs, adware or other malicious computer code, file or program that is harmful or invasive or intended to damage or hijack the operation of or monitor use. of any hardware, software or equipment;

    – Reverse engineer, disassemble, decompile or otherwise attempt to derive the functionality of the Service or tamper with security components, rules of use or other safeguards applicable to the Service or Content;

    – Build a competitive product or service using the Services, build a product or service using similar ideas, features, functions or graphics to the Services or determine whether the Services are within the scope of any patent;

    – In any way interfere with the operation or hosting of the Services or monitor the availability, performance or functionality of the Services;

    – Assist or permit any person to violate these Terms or any other applicable laws or regulations governing the use of the Services;

    – Make any use of the Content that would infringe any copyright therein; or

      otherwise attempt to interfere with the proper functioning of the Services.

5. ORDERS, PURCHASES & REFUNDS

Our Sites or Services may allow you to purchase products directly from us in the form of class packages, memberships, gift cards, clothing, exercise equipment, accessories, early bookings, smoothies and other related services or goods (” Products “).

We may make improvements and/or changes to our products, add new features or discontinue a product at any time without notice. We also:

(a) reserves the right to change the products advertised or offered for sale through our Services, the prices or specifications of such products and any promotional offers at any time without notice or liability to you or any other person;

(b) cannot guarantee that our products advertised or offered for sale through our Services will be available when ordered or thereafter;

(c) reserves the right to limit quantities sold or made available for sale;

(d) does not warrant that information on a website or apps or provided in a studio (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and

(e) reserves the right to change, cancel, terminate or fail to process orders (including accepted orders) where the price or other material information on our websites or app is inaccurate, where we have insufficient quantities to fulfill an order or of other reason at its sole discretion. If we do not process an order for such a reason, we will either not charge you or will credit the payment type used in the order. Some jurisdictions may not allow exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Promotional Codes and Discounts : We may offer promotional codes, discounts, coupon codes and/or other offers that give you a benefit when entered at checkout. These cannot be applied to previous or completed transactions, they must be disclosed at the time of purchase. In general, promotional codes and discounts cannot be combined with other offers or used in conjunction with subscription orders. Only consumers can use promotional codes, they cannot be used by retailers, wholesalers, general practitioners or the like. Any such promotional code, discount or other offer may be discontinued or canceled at any time. You may not be entitled to any discounts, coupons or offers that have expired or been discontinued, even if they remain visible on the Sites.

Taxes : If we are legally required to charge VAT on products you order, the amount of VAT will automatically be added to your purchase price. In rare cases, an error in our VAT database can cause the VAT charge to be incorrect. If this happens, you can contact us at any time up to one years from the date of purchase for a refund of the excess tax. This right to refund is your sole remedy for VAT errors.

Membership freeze: You can also freeze your membership for up to six months for an injury. If you wish, you can also freeze a membership if you are pregnant for the duration of your pregnancy. We support you, and when you’re ready to get back into class after giving birth, you can take it at your own pace.

Disclaimer: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A CLIENT WHO IS WAITING AND YOU WILL NOT RECEIVE A REFUND FOR THAT CLASS.

IF IT IS YOUR FIRST BEATRIDERS CLASS, YOU MUST BE PRESENT 15 MINUTES BEFORE THE START OF THE CLASS.

Membership Packages : Individuals who purchase ANY membership package or future promotional programs will be subject to a penalty fee (fee amount varies by class occupation rate) for either a late cancellation or an absence if they do not cancel their reservation within the allotted 12-hour period.

If outside the regular cancellation terms, membership packages can be canceled with a doctor’s order or a confirmed move out of the region where your membership is active, although documentation may be required in either case and we do not guarantee such cancellation. We maintain the final say on whether to grant a membership package cancellation at our sole discretion.

Payment Processing : We may use Stripe, a third-party payment processor to process your payment information, including your payment card data. Please note that you may be subject to the third party processor’s terms and your information may be subject to their privacy practices. Stripe’s current Terms of Service can be found at https://stripe.com/legal.

Refunds, returns, exchanges and cancellations :

Online Product Purchases : Unused products purchased on our websites or apps, with the exception of classes and membership packages, may be returned or exchanged within 30 days of purchase. For a Product to be eligible for return or exchange (an ” Eligible Product “), Products must be unused, unwashed and/or unused, as applicable, and must be returned in new condition.

Refunds : Eligible product returned within seven (7) days of purchase will be eligible for a full refund and you will receive credit to your original form of payment. If we are unable to credit this form of payment, your refund may not go through and may contact you to obtain new payment information or provide your refund by other means, such as store credit. For eligible product returned after 7 days of purchase, store credit will be issued. The store credit can be used for up to 30 days.

Exchanges : Any eligible product returned within thirty (30) days of purchase may be exchanged for another item of equal or lesser value. If you are making an exchange, your desired item may not be in stock. New products in stock may not equal an even exchange and there may be a price difference between the new product and the returned product. Any difference in price for an exchange will be refunded to the original payment method if the exchange is made within seven (7) days of purchase. If we are unable to do so, your exchange may not go through. We may contact you for new payment information or choose to issue store credit instead. If the exchange is made after seven (7) days of purchase, the difference will be issued as store credit, which can be used for 30 days.

No return or exchange will be provided without a receipt. Products are only eligible for return or exchange, not both. We reserve the right to only issue a refund or require an exchange at our sole discretion, regardless of what the Sites may indicate. Refunds will not be issued for products not purchased directly through the Sites.

Not all products can be returned. Sales of the following items are final and do not entitle to return or exchange:

– Sale items (items that have been marked and included in the “last few” section or included in any FLASH SALE.

– Equipment (ie: dumbbells, bands, foam rollers, bikes, mat sets, etc.)

– PPE items (ie: masks, gloves, wipes, etc.)

– Any other item that we mark as ineligible for return, such as exclusive items that have limited quantities.

To initiate a return or exchange for a product purchased online, please contact hello@beatriders.dk.

Classes and membership packages : Classes and membership packages are non-refundable. We do not offer refunds on purchases of our classes and membership packages. We strongly encourage you to be modest in your membership purchases and make sure you like us, can get there and like what we do before you make a purchase.

Class packages: The packages can be used on all classes throughout the studio. You must remember to deregister no later than 12 hours before the start of the class. If you cancel later than 12 hours before class starts, or if you don’t show up for class, you automatically lose one class.  All the class packages have an expiry date. The packages usually have a duration between 1-12 months. However, for offers and campaigns, the period may be shorter. The expiry date will be indicated on the purchase page. Once you have bought and paid for your class package on the website, your clips are automatically added to your profile and you can start using them. The class packages are personal and may not be shared or resold. There are no refunds for class packages.

Studio Refund Policy : Unused items (Fully marked with no stains) purchased at our studio locations will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit is issued, which can be used for up to 30 days. No returns will be given without a receipt.

Cancellations : YOU MUST CANCEL A CLASS 12 HOURS IN ADVANCE OR YOU WILL BE WITHDRAWN FROM THAT CLASS. This includes changing time slots, which must be done at least 12 hours in advance or you will be withdrawn from the class. You can cancel the class via our online system or by calling the relevant studio directly.

6. GENERAL POLICIES, RULES AND REGULATIONS FOR OUR CLASSES

Studio/Online Class Non-Recording Agreement : You acknowledge and agree that any form of recording or transmission (video, audio, still photography, streaming, social media postings, etc.) of Beatriders classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized business manager. Beatriders instructors are not authorized to give consent. This even includes a temporary recording/transmission of a Beatriders online class via online platforms such as but not limited to: SnapChat, Zoom, Facebook or Instagram.

However, you are permitted to record and post lawful, non-offensive content related to your participation in a Beatriders online or studio class before and/or after a class with the consent of each participant identified in your content.

Any violation of this non-opt-in agreement is grounds for exclusion from participation in our activities or services. You further agree to indemnify, defend and hold Beatriders, its officers, directors, employees, agents and directors harmless from and against any claim, suit or other action and all consequential losses, damages or costs of any kind (including reasonable attorneys’ fees); as a result of your breach of this non-solicitation agreement.

Prohibited Conduct: We want our classes, studios, and all other services to be safe and enjoyable environments for all of our users. With this in mind, we have established certain conduct that will not be tolerated while using our Services (“ Prohibited Conduct ”). While using or participating in our Services, whether at one of our studios, or at home or elsewhere, you agree that you may not:

Wear inappropriate clothing that is unnecessarily revealing, intimidating, or contains messages or images that a reasonable person would find offensive;

Display nudity, indecent exposure or exhibitionist behavior of any kind. This type of conduct may result in criminal charges being brought against you;

Play music that can be heard by others participating in our Services;

Wear clothing that is inappropriate or unsafe for our training, such as open-toed shoes, etc.

Allow any obscene or offensive images, movies, words or other content to be seen or heard on your stream;

interfere with other users’ enjoyment or participation in our Services;

Interrupt or disrupt our instructors or staff;

Use our equipment in any manner for which it was not designed or which is not the proper use of the equipment;

Engage in our Services while under the influence of alcohol, marijuana, or any other intoxicant or narcotic;

Use your phone or other electronic device for anything other than the express purpose of streaming or participating in our Services; OR

Violates any rule or regulation posted in our studios, on our equipment, or given to you by an instructor or staff member, including but not limited to:

always bring the bike to a complete stop before jumping off;

not to put anything on the bike. (ie scales or equipment); and

notify the instructor before the class starts if you are recovering from an injury or illness or have known hypersensitivity.

The above list is non-exhaustive, and we and our instructors and staff reserve the right, in our sole discretion, to act reasonably, to determine what constitutes prohibited conduct.

Any violation of any part of this Section 6 is grounds for exclusion from participation in Beatriders activities and/or termination of any Services and/or the permanent ban from using any Services in the future.

WE AND OUR INSTRUCTORS AND STAFF MEMBERS RESERVE THE RIGHT TO REMOVE YOU FROM A CLASS, STUDIO OR OUR SERVICES AT ANY TIME, IN OUR SOLE DISCRETION, FOR EXHIBITING ANY PROHIBITED CONDUCT.

Please note that local and/or national laws may be more prohibitive than our Prohibited Content Policy, and you agree to comply with all laws, rules, regulations or other ordinances wherever you are.

Health and safety

By accepting these Terms, enrolling online and/or participating in classes, events, activities and other Beatriders programs, whether online or at a Beatriders facility or using Beatriders equipment, and/or using the Services, you acknowledge and you hereby accept:

(a) there are certain inherent risks and dangers in the strenuous nature of Beatriders training program;

(b) you have voluntarily chosen to participate in an intense physical exercise program;

(c) you understand that Beatriders strongly recommends that you consult with a licensed physician before starting any classes;

(d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological events, including but not limited to: abnormal blood pressure, fainting, heart attack or death;

(e) no doctor or practitioner has ever advised you that you have a heart condition and/or that you should not participate in the type of physical activities inherent in our classes;

(f) you do not have any ailment or injury that could be aggravated or exacerbated by participating in our Services;

(g) you know of no reason why you should not, or that it would be harmful to your health, to participate in our Classes or Services; and

(h) if you are pregnant, you agree to:

(i) You will inform your instructor; and

(ii) you have consulted a doctor or practitioner who has authorized your use of the relevant services.

If you participate in our classes or related services from your home or any other location that is not a Beatriders studio, through services such as Beatriders online, we cannot guarantee the adequacy or security of any of the equipment you use, the location or your surroundings. Please take care to protect your safety while using our Services in this way and use equipment only in the way it was intended to be used.

YOU ASSUME ALL RISK TO YOUR HEALTH AND WELFARE AND FULLY RELEASE AND HOLD HARMLESS FOR ANY LIABILITY, COSTS OR DAMAGES TO BEATRIDERS AND ITS ENTITIES, ITS INSTRUCTORS, MEMBERS AND EMPLOYEES, INCLUDING ANY PERSONAL, AS A RESULT OF PARTICIPATION IN ANY BEATRIDERS ACTIVITIES OR SERVICES. You must sign and agree to these terms before participating in our classes. If you enroll a minor (a person who is not of legal age in their jurisdiction of residence) at least 15 years of age in our classes, the above release also applies to said minor.

Personal belongings : You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present at the studio. You assume all risk of loss of your personal belongings.

WIFI access : We may provide you with access to WiFi connections or similar network connections (“ WiFi ”) in our studios or elsewhere. BY USING WIFI YOU ACCEPT THESE TERMS. Your use of WiFi is subject to these Terms and is permitted only while you comply with these Terms. We are under no obligation to provide WiFi to you and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and are in any case not intended to be used for the transmission of personal, financial or sensitive information. No network communication is 100% secure and users should exercise caution when using a commonly available Wi-Fi connection. We do not control and are not responsible for data or content that you access or receive via WiFI. We are not a publisher of third party content accessible through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and available through the Service.

We reserve the right to monitor or store any transmission made via WiFi, but we have no obligation to do so.

WIFI IS PROVIDED ON AN “AS IS” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY, FUNCTIONALITY OR SECURITY OF WIFI.

7. DESCRIPTIONS, STATEMENTS, STATEMENTS, RELIANCE

Our Services may contain expert or instructor opinions. Information on the Sites identified as expert or instructor opinions, or accessed from any of our Services via hyperlink, represents the opinions of those respective experts or instructors, which are not necessarily Beatriders. Our Services may also make statements related to nutritional supplements, diets or similar products or advice. These statements should not be construed as medical advice or statements about the effectiveness or suitability of a dietary supplement or diet for the treatment of a medical condition.

Our services may contain blogs or other statements or opinions with information about how to use a product or our services, or statements about the effectiveness of a product or service. Some of these statements were not written by us and do not represent our opinion. Other statements may be written by us but are not a representation or warranty of any product or service and should not be relied upon as such.

Similarly, our Services may provide you with information about events, charities and the like. This is presented for informational purposes only and should not be considered as our endorsement of the same.

The information presented on or through our websites or services, whether originating from Beatriders, our employees or affiliates or a third party, is provided for general information purposes only. We make no guarantees or representations as to the accuracy, currency, completeness or usefulness of this information. Any reliance on such information is solely at your own risk. We reserve the right to withdraw or change our websites or services and any service or material we provide at our sole discretion without notice. We are not responsible if all or part of our websites or services are unavailable for any reason at any time or for any period. From time to time we may restrict access to some parts of the Sites and Services or all of our Sites and Services.

WE DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY STATEMENT, BLOG, DESCRIPTION OR STATEMENT MADE ABOUT ANY OF OUR SERVICES TO THE MAXIMUM EXTENT PERMITTED BY LAW. CLAIMS CONTAINED IN STATEMENTS, BLOGS, DESCRIPTIONS OR OPINIONS HAVE NOT BEEN EXAMINED SCIENTIFICALLY OR BY THE RESPECTIVE AUTHORITIES. YOU UNDERSTAND THAT NONE OF OUR WEBSITES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT THE EFFECTIVENESS OF MEDICINE, OR DETAIL TREATMENTS FOR SPECIFIC DISEASES OR DISORDERS. WE SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITES OR SERVICES.

8. USER CONTENT

You are responsible for any information, text, reviews, posts, images, videos or other material or content that you submit using our Services, upload to us or transmit through our Services (“ User Content ”). We reserve the right to modify or delete any User Content for any reason. You agree, represent and warrant that any User Content you post or share on our Services or transmit through our Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You may not upload, post or otherwise make available on or through our Services any User Content protected by the copyright, trademark or other proprietary rights of any third party without the express written permission of the owner of such rights. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM ANY INFRINGEMENT OF COPYRIGHT, TRADEMARK, PROPRIETARY RIGHTS, OR ANY OTHER DAMAGES FROM SUCH USER CONTENT.

By submitting ideas, concepts, know-how, suggestions, techniques, proposals or other User Content to us, you agree that: (i) we may freely use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances, unless otherwise expressly agreed in writing by us . Please note that we have no obligation to keep User Content confidential unless expressly stated.

PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.

User Content License : By submitting User Content to us directly or indirectly (including through any use of third-party social media platforms directed at us), you give us the opportunity to use the user content that we want.

You also allow each user of the Services to access your User Content through a Service and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of a Service and under these terms.

Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms intended to be confidential will be handled in accordance with our Privacy Policy and will not be published except as described in our Privacy Policy or otherwise approved by you. In addition, in accordance with our Privacy Policy, we may share any data you submit to us or we collect from or about you with third parties, such as but not limited to Universal Music Group, who will use it for the purposes set out in our agreement with them.

forums

We may also host message boards, user-generated content, promotions, reviews, blogs and other interactive features or services through which users can post or upload user content or otherwise interact with our services or users on them (each , a ” Forum “). We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and serve only as a passive conduit for such User Content. User Content may include suggestions for using our products, which have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any way other than as described on the packaging. WE RESERVE THE RIGHT TO REMOVE ANY FORUM CONTENT, OF ANY FORM, FOR ANY REASON. .

Forums are public : You acknowledge and agree that Forums are public spaces and that your participation in such Forums does not create any expectation of privacy. Additionally, you acknowledge that any User Content you communicate in the Forums may be viewed and used by others. You understand that our staff, external contributors or other users associated with us may participate in forums or other aspects of the Sites and may use anonymous usernames when doing so. Any User who does not comply with this Agreement may be banned from and denied continued access to the Forums in the future. However, we are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR ON OR BROWSING THE SITES, YOU DO SO AT YOUR OWN RISK.

Sharing of User Content : Our Services may also allow you to make recommendations or send User Content or other content to others, for example through an “email this” or “share this” feature that sends content to the e- email address or social media account you provide. Only provide contact information to people who have told you they want to receive such content. By providing an individual’s contact information, you represent and warrant that they have confirmed to you that they wish to receive such content.

Prohibited Content : You agree that User Content shall not contain any of the following (together with any prohibitions contained in this section, “ Prohibited Content “):

profane language or content;

Content that promotes, encourages or perpetuates discrimination based on race, religion, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law;

Inappropriate sexual content or links to inappropriate sexual content, nudity or obscenity;

Conduct or encourage illegal activity;

Private or confidential information and/or any information that would be considered personally identifiable information from a third party;

Content that infringes another party’s legal ownership interests; or

Any other content that we deem inappropriate.

We retain the sole right to determine, in our absolute discretion, what constitutes Prohibited Content. WE ALSO RESERVE THE RIGHT TO REMOVE ANY USER CONTENT, OF ANY KIND, AT ANY TIME FOR ANY REASON.

Copyright Infringement Notices
It is our policy to promptly respond to notices of claimed copyright infringement. This section describes the information that should be included in these notices and the takedown procedure we follow with respect to allegedly infringing material. If we receive proper notice of claimed copyright infringement, our response to those notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such notice, we will make a good faith attempt to contact the provider of the allegedly infringing content so that they can file a DMCA objection. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we believe are reasonable under the circumstances.

9. MOBILE SERVICES

Some services may be available through your mobile phone, including but not limited to:

the ability to book and/or purchase services via your mobile phone;

the ability to receive and respond to messages;

the ability to browse our websites from your mobile phone and (i) the ability to access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively, ” Mobile Services “).

We do not charge any additional fees for the mobile services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your provider to find out what plans are available and how much they cost. In addition, the download, installation or use of certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. Therefore, you should check with your carrier to determine whether the Mobile Services are available for your mobile devices and what restrictions may apply to your use of such Mobile Services. Your use of the Third Party Services may be subject to additional terms related to that service from the applicable service provider.

In addition, when you download or use our apps on an iOS or Android device, you may be subject to the terms of service of the developers of such devices or app stores (“ App Store Provider ”). You acknowledge that these Terms and your use of an App are between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the App and its content. If anything in these Terms conflicts with any terms of use for the App of an App Store Provider, such terms of the App Store Provider will control (only to the extent those terms conflict with these Terms, and then solely for your use of the Mobile App ). All rights you have to use the App are for use only on applicable products and services (which may require branding by the App Store provider or other entities) and are non-transferable, except that the App may be accessed and used by other associated accounts with you via features such as Apple’s Family Sharing (or similar features from other App Store providers) or volume purchases.

We are solely responsible for providing maintenance and support services for the Mobile App as specified in these Terms or as required by applicable law. No App Store Provider has any obligation whatsoever to provide maintenance and support services for the Mobile App, nor any warranties for the same.

Some of our Services may also allow you to integrate your Beatriders Account and/or the App with a third-party application or device, such as your Apple Watch or Apple Health. Your use of such services may be subject to additional terms related to that service or device from their providers. In addition, you may share certain data with such third-party providers. For an understanding of how we handle your personal data in such cases, please see our Privacy Policy.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to comply with any applicable warranty that we cannot disclaim under applicable law, you may have the right to notify the App Store Provider and the App Store Provider may refund the purchase price of the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WITH RESPECT TO THE MOBILE APP AND ALL OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, LIABILITY, EXPOSITIONS. FORM FOR ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for handling any claims related to the Mobile App, including but not limited to:

(i) product liability claims;

(ii) any claim that the Mobile App does not comply with any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy or similar laws;

(iv) claim that the Mobile App infringes the intellectual property rights of a third party and the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. By using the Mobile App, you represent and warrant that (i) you are not located in a country subject to a DK Government embargo or designated by the DK Government as a “terrorist supporting” country; and (ii) you are not listed on any DK government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider and its affiliates are third-party beneficiaries of these Terms and that, upon your acceptance of the terms and conditions of these Terms and your use of the Mobile App, the App Store Provider will have the right (and will be deemed for having accepted the right) to enforce these Terms against you as a third party beneficiary.

10. TERMINATION & SURVIVAL

We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may cancel your account or any membership that you have purchased at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly by phone or email. We may terminate your account or membership at any time without notice if you violate the Terms. If we terminate your account or membership because you have violated the Terms, you will not be entitled to a refund of fees or unused portions of membership packages or class packages. The following sections will survive the termination of these Terms: (10) Termination and Survival; (12) Assignment; (15) Intellectual Property Rights; (19) Legal Disputes and Arbitration Agreement; (20) Compensation; (21) Limitation of Liability; (22)

11. THIRD PARTY WEBSITES

Our Services may contain links to third-party websites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party websites or services. We make no warranties or representations about the accuracy, completeness or timeliness of any content posted on the Services by anyone other than us. We strongly recommend that you read all third party terms and conditions and privacy policies.

We may maintain a presence on and link to social media sites, including sites such as Facebook, LinkedIn, Google Plus, Twitter, YouTube, Vine, TikTok, Pinterest, Instagram and others (collectively, “Social Media Sites”) to provide a, where people can learn more about us and our products and share experiences with our products and services. When you visit these social media sites, you are no longer on our websites, but rather a website operated by a third party. All comments, images and other material posted by visitors to our social media sites do not necessarily reflect our opinions, values ​​or ideas. All visitors to our social media pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS, IS AT OUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

12. ASSIGNMENT

You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) without our prior written consent. Any attempted assignment or transfer without complying with the above will be null and void. When permitted by applicable law, we may freely assign or transfer these Terms. These Terms shall inure to the benefit of and be binding upon the parties and their respective legal representatives, successors and assigns.

13. Fees

Notwithstanding clause 25, you acknowledge that Beatriders charges fees for its Services and, subject to applicable law, Beatriders reserves the right to change its fees from time to time in its sole discretion.

14. NON HARASSMENT POLICY

Beatriders rejects any unwelcome, inappropriate and/or offensive behavior by its staff or members. If you believe you have been subjected to unwelcome, inappropriate and/or offensive behavior by our staff, including while attending a class, in our studios or any other Beatriders-related context, we encourage you to clearly and quickly tell the person engaging in the behavior that is unwelcome and offensive (if you are comfortable doing so). We also ask that you immediately notify a member of the Client Experience Team at hello@beatriders.

When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, location (specify study location or time/type of virtual class), names of any witness what was said or done and other relevant surrounding facts/circumstances.

Beatriders will endeavor to properly investigate all reported incidents and attempt to provide due process for all parties. However, Beatriders responsive actions cannot be known in advance, as they will vary depending on the nature of the allegations. Beatriders endeavors to maintain confidentiality throughout the investigation process to the extent practicable. However, our duty to investigate and take corrective action as necessary may require disclosure of certain information, and therefore confidentiality cannot be guaranteed.

Any disputes or complaints not resolved through this complaint process will be subject to the arbitration procedures below for users in the United States and Canada.

15. INTELLECTUAL PROPERTY RIGHTS

The content provided through our services, whether on the websites and apps, or in our studios or elsewhere, including without limitation, 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 Beatriders, subject to copyright and other intellectual property rights under the law. Such content may be protected by copyright, trademark, patent or other proprietary rights and laws. All intellectual property rights associated with the Services, and related goodwill, belong to us or our licensors. You acquire no right, title or interest in any Content by accessing or using the Services. All rights not expressly granted herein are reserved. Except as provided below, the use of any content available through our Services is strictly prohibited. You agree not to make any use of the Content that would infringe any copyright therein.

The Service and any related software may enable you to obtain, listen to, view and/or read (as applicable) content that you may obtain in digital form, and you shall do so solely for your personal, non-use of commercial entertainment. This content may be owned by us or by third parties. You must not allow any third party to access or use any Content. However, in any event, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. You agree that you will not attempt to modify any software or content obtained through the Service for any reason, including for the purpose of concealing or altering any indication of the ownership or source of the content.

You represent, warrant and agree that you are using the Service for your own personal, non-commercial entertainment use and not for redistribution or transfer of any kind. You agree not to redistribute, broadcast, publicly perform or publicly display any Content or otherwise transmit any Content obtained through the Service. Furthermore, Beatriders and/or the owners of the Content may remove Content from the Service from time to time without notice.

Subject to your compliance with these Terms, we grant you a limited license to access and use the Services and their content for personal, informational and shopping purposes. Content on the Sites and Apps, or in our Studios, is provided to you as is, for your information and personal use and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Services and Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Sites and/or Services that you provide to the Company are non-confidential and will become the sole property of Beatriders.

You agree not to engage in the use, copying or distribution of any of the Content other than as expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict the use or copying of any Content or enforce restrictions on the use of the Services or the Content therein.

16. FEEDBACK

You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the ” Feedback “). You agree that your feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without limitation, and that Beatriders has no fiduciary or other duty as a result of receiving your Feedback, you hereby grant Beatriders the unrestricted, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such feedback or otherwise disseminate your feedback for any purpose and in any manner without compensation or any obligation to you or any third party. Beatriders does not waive any rights to use similar or related feedback or ideas known to Beatriders, developed by Beatriders employees or obtained from other sources.

17. CONSENT TO COMMUNICATIONS

When you use our websites or apps or send communications to us through our websites or apps, you are communicating with us electronically.

18. SERVICE INTERRUPTIONS

Our Services may be suspended temporarily or permanently without notice to you for security reasons, maintenance or repair, system failure or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to any refund or discount in connection with such service interruptions.

19. INDEMNIFICATION

You agree to release, indemnify and defend Beatriders and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, as well as the officers, directors, employees, agents and representatives of each (the “Entities”) from all third party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of such a claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will permit us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that case, you have no further obligation to defend us in that matter.

20. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS BEATRIDERS AND ITS ENTITIES’ LIABILITY TO YOU.

Notwithstanding and without prejudice to any limitations or releases of liability contained elsewhere in these Terms:

WE PROVIDE THE SERVICES, INCLUDING THE SITES, APPS AND ALL SOFTWARE, CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED BY US OR ANY CONTENT OWNER. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, BEATRIDERS AND ITS ENTITIES AND ALL CONTENT OWNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ACTIVITY, COMPLETE, COMPLETE OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, OR FITNESS FOR A PARTICULAR PURPOSE. PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF ACT OR DEALING.

BEATRIDERS AND ANY CONTENT OWNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE SERVICES OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS, INCLUDING OTHER PRODUCTS. SERVICE OR OTHER WEBSITES LINKED TO OR FROM THE WEBSITES OR APP.

DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH OUR SERVICES OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITES OR THE APP SHALL BE DONE AT YOUR OWN RISK AND NEITHER BEATRIDERS AND ITS DEVICES OR ANY CONTENT. BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.

WE MAKE NO PROMISES REGARDING AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING AND/OR ANYTHING ELSE PROVIDED BY ANY THIRD PARTY THAT IS AVAILABLE TO YOU ON THE SERVICE; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.

THE CONTENT ON SOME OF OUR WEBSITES MAY CONTAIN INFORMATION ABOUT INGREDIENTS, PROCESSES AND/OR TREATMENTS THAT HAVE NOT BEEN EVALUATED OR REGULATED BY THE RESPECTIVE AUTHORITIES. OUR WEBSITES MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENT. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS AND DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. ALWAYS SEE YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTHCARE PROVIDER FOR ADVICE WITH ANY QUESTIONS YOU MAY HAVE REGARDING A SIMILAR CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH. NEVER SEEK PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITES. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, YOUR CHOOSING OR NOT TO SEEK PROFESSIONAL MEDICAL CARE OR YOUR CHOOSING OR NOT CHOOSING THE SPECIFIC TREATMENT BASED ON. IN THE EVENT OF AN EQUAL EMERGENCY, EMERGENCY SERVICES ARE CONTACTED IMMEDIATELY.

YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEATRIDERS AND ITS ENTITIES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT BEATRIDERS AND ITS ENTITIES AND ANY CONTENT OWNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, CONSEQUENTIAL, SPECIFIC PASSES, BUSINESS INTERRUPTION, DAMAGE TO REPUTATION OR LOSS OF DATA ( EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY IN CONJUNCTION WITH YOUR USE OF OR LACK OF ABILITY TO USE THE SERVICES OR FROM THE SOFTWARE, MATERIALS INFORMATION INFORMATION, CONTENT INFORMATION, INFORMATION. MADE AVAILABLE TO YOU THROUGH THE SERVICE.

NEITHER BEATRIDERS AND ITS ENTITIES, NOR ANY CONTENT OWNER, WILL BE LIABLE FOR DAMAGES EXCEED THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES. WITHOUT LIMITING THE FOREGOING, BEATRIDERS AND ITS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH 12. THE ACTION, THERE IS RESPONSIBILITY.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

21. SPECIFIC LIMITATION OF LIABILITY DURING THE CORONAVIRUS/COVID-19 PANDEMIC/FUTURE PANDEMICS.

Beatriders takes the COVID-19 pandemic and the aftermath very seriously and have implemented preventative measures to help reduce the spread of COVID-19; However, we cannot guarantee that you, your family or your guests will not be infected with COVID-19. It is possible that attending classes, events and activities at Beatriders may place you in close physical contact with other members, participants and staff and may increase the risk of you, your family members and/or your guests contracting COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at our studios and that such exposure or infection may result in personal injury, illness, permanent disability and death. You understand that the risk of being exposed to or infected with COVID-19 at Beatriders may be due to the acts, omissions or negligence of yourself or others, including, but not limited to, Beatriders employees, members and participants.

By accepting these Terms, register online and/or participate in Beatriders classes, events, activities and other programs, whether at a our facility or using our equipment, to the extent permitted by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks related to COVID-19, and accept sole responsibility for any COVID-19-related injury, illness, injury, loss, claim, liability or expense of any kind (including, but not limited to, personal injury, disability and death) that may occur to you or your family members in connection with participation in Beatriders or as a result of participation in Beatriders programs (“ Claim ”); and (b) agrees not to sue our its instructors, clients and employees from the Claims, including all obligations, demands, actions, damages, costs or expenses of any kind arising out of or related thereto, based on the Actions, omissions or negligence of Beatriders, its instructors, members and employees, whether or not a COVID-19 infection occurs before, during or after attending Beatriders study facilities or participation in a Beatriders program.

Some jurisdictions do not allow the waiver of certain types of risks, so the above limitations may not all apply to you. Please check the country or state where you live.

22. ENTIRE AGREEMENT, SEVERABILITY AND WAIVER

The Terms, together with all other applicable legal agreements agreed between us, shall constitute the entire agreement between you and us regarding the Services and supersede all prior terms, agreements, discussions and writings regarding the Services.

No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms will not constitute a waiver of such right or provision.

If any provision of the Agreement is found by a court of competent jurisdiction to be illegal, invalid or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.

23. NOTICES

We may provide notices to you as required or permitted by law by email to the primary email address associated with your account, mobile message, hard copy or posting such notice on our Services. Beatriders is not responsible for any automatic filtering that you or your network provider may apply to such messages.

24. UPDATES TO THESE TERMS

We may revise or otherwise change or update these Terms or our Websites from time to time as may be necessary to ensure that we can fulfil our obligations to you as set out in these Terms or as otherwise may required by any regulatory body or applicable law. We will use reasonable efforts to notify you of such material or material changes.

Please see “Last Updated” and “Effective Date” at the beginning of these Terms to see when these Terms were last revised. When changes are made to these Terms, they will be effective immediately upon posting on this page, unless otherwise noted.

We may assign these Terms at any time with or without notice to you. You may not assign or sublicense these Terms or any of your rights or obligations under these Terms without our prior written consent.

25. OTHER POLICIES

These Terms apply solely to your access to and use of the Services from which it is linked or provided and does not in any way alter the terms or conditions of any other agreement you may have with us for products, services or otherwise.

Other agreements and/or policies to which you are subject include:

Rules for safety or use of equipment (which may be provided to you);

Our Privacy Policy (as linked below these Terms); and

Our Cookie Policy (as linked below these Terms).

Any sweepstakes, contests, coupons, discounts or other promotions made available through a Site may be subject to specific rules that are separate from these Terms and will be made available to you from time to time. By participating in such promotion, you will be subject to these rules, which may vary from the terms set forth herein and, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry is valid; you agree to read and comply with the applicable rules.

If we hire you, none of the materials provided on a Site constitute or should be considered part of or part of an employment contract or offer of employment.

26. INTERNATIONAL USERS

The products referred to in our services may only be available in the area to which the relevant service is directed and may not be available in your country. If, in addition, separate terms and conditions apply in your country or location, the provisions of the terms and conditions linked from your Services will govern in lieu of these Terms.

WE MAKE NO REPRESENTATIONS THAT THE INFORMATION AND MATERIALS ON THE SITES, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THE SITES, ARE APPROPRIATE OR AVAILABLE FOR USE ELSEWHERE OR OTHERWISE INDICATED. WE DO NOT REPRESENT OR WARRANT THAT THE SITES OR APPS OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN DENMARK. Those who choose to access our services do so on their own initiative and at their own risk.

Despite the above, you as a consumer will benefit from any non-derogable provisions of the law in the country where you reside. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may give you the right to have a dispute relating to these Terms heard by your local courts. These Terms do not limit any rights you may have that apply. HOWEVER, BY ENTERING INTO THESE TERMS, WE ARE NOT CONSENT TO THE JURISDICTION OF ANY COURT OTHER THAN THOSE REFERRED TO IN THESE TERMS, AND WE RESERVE THE RIGHT TO ORDER THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANOTHER COURT.

These Terms, as well as all other documents related to them, including notices and correspondence, may not be available in your native language and may only be available in English.

27. INTERPRETATION

In construing or construing the Terms of Service, the headings are for convenience only and shall not be taken into account.

28. THIRD PARTY TERMS

Third party owners of any Content are the intended beneficiaries of these Terms and have the right to enforce these Terms against you.

29. CONTACT US

If you have any questions about the Terms relating to the Services, Websites or App(s), please contact us at: hello@beatriders.dk.

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