Phatburn Terms & Conditions

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY,
BEFORE USING THE WEBSITE, THE PhatBurn BLOG, PhatBurn-BRANDED SOCIAL MEDIA WEBSITES (IN ADDITION TO ANY TERMS AND CONDITIONS OF SUCH SOCIAL MEDIA WEBSITES), MOBILE APPS OR ANY OF OUR ONLINE SERVICES (collectively, the “Services”). BY ACCESSING OR USING THE SERVICES, YOU (“USER”) AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THE SERVICES

PhatBurn (“PB”) OWNS AND OPERATES THE SERVICES. PB RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. PB OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY; PB MAY ALSO TERMINATE YOUR USE OF THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION.

Use of Services; Ownership of Intellectual Property Rights

All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of PB or its subsidiaries, affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without PB’s prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.

PhatBurn, LLC is the owner of the trademark PhatBurn

Additional User Conduct Guidelines

PB requests that the User not impede or inhibit any other User from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, without authorization from PB, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.

PB reserves the right to remove any content that it in its sole discretion believes is infringing, defamatory, illegal or offensive, or otherwise as may be permitted under the Digital Millennium Copyright Act or other applicable law. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Disclaimers

USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK. NEITHER PB, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SERVICES.

THE SERVICES, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PB, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT PB IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES PB FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PB, ITS PARENTS, AFFILIATES,
EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS,
LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.

This Applies to Apps, Too

All of these Terms and Conditions apply to our apps, too. Use of our apps is also at your own risk. They are provided as a service to our members and guests without charge, and we disclaim any and all responsibility for them. We do not screen our users, so please use good judgment and common sense in deciding whom to meet or trust with your personal information. We do not provide contact
details to other members through any of our apps and instead route all messages through us. If at any time you wish to stop receiving messages from another member through one of our apps you can just “block” them. You can also report threats, abuse or any other inappropriate conduct by contacting info@phatburn.com.

Indemnification

The User agrees to indemnify, defend and hold harmless, PB, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the
Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by the User. PB reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with PB in asserting any available defenses.

Third Party Links and Sites

The Services may contain links to other Internet sites, resources and/or sponsors of the Services. PB does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites or resources. Providing links to outside sites does not constitute PB’s approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites or resources after utilizing them.

In order to identify third party sites or resources, the Services may make use of third party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing agreements between PB and the third party or by usage
guidelines and policies set forth by the third party.

Delivery & Refunds

Food deliveries will be dropped off in the PB ice box loaned to each participant getting meals delivered. The ice box requires a $75 security deposit which is refunded upon return. Refunds for services are determined per discretion of the PB managing partners.

Opt Out of Receiving Further Web Based Marketing

You can choose to be removed from our web-generated marketing lists at any time. Each unsolicited commercial email includes instructions for opting out of further e-mail marketing communications. In addition, you can opt out of PB’s marketing e-mail or print mail by clicking the unsubscribe link at the bottom of each email.

Other

These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of New York for any disputes arising from or related to the Services or these Terms and Conditions of Use. These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with PB or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the Services. Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms and Conditions may not be altered by action, inaction or course of dealing between the parties. These Terms and Conditions may only be altered by (a) prior written mutual agreement between PB and User; or (b) PB posting revisions on the Services. Failure by PB to object to a User’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection.

Questions

If you have any questions or concerns about our Terms and Conditions of Use, please write to PhatBurn at: 47 Mamaroneck Ave. White Plains NY 10

Service Agreements

All services must be paid prior to service beginning.

All clients that don’t have classes remaining on their card shall not enter class until paid.

All 10 & 20 class packages purchased under a maintenance category expire 3 months from the
purchase date.

All PhatBurn/Muscle Building not under maintenance category | 20 packs expire in 5 weeks.

All PhatBurn/Muscle Building not under maintenance category | 40 packs expire in 10 weeks.
All program start dates will be on a Monday. Class packs can be used any day.

Extended Promotions & Discounts

Under certain circumstances clients will have the right extend a previous discount by purchasing PhatBurn services within a 15 day time window from the last class reserved on any new package. The 15th day will expire at midnight EST at which time all future purchases will be done at full price with the client forfeiting his/her right to keep the loyalty discount. These terms and conditions are subject to change at any time and can be amended as future promotions are rolled out.

Vacation Hold

If you need to pause or hold some classes due to vacation you will be granted a one time 10 day extension on the balance of classes in your bank at which time all classes remaining from the original purchase will expire.

An email is required to concierge@phatburn.com explaing the dates that need to be held and how many classes will be affected.

If these emails are not sent and the pause was not expressed in an email the classes will not retroactively be applied to a clients workout bank.

Injury Hold

If you need to pause or hold some classes due to injury you will be granted a one time 30 day extension on the balance of classes in your bank at which time all classes remaining from the original purchase will expire.

An email is required to concierge@phatburn.com explaing the dates that need to be held and how many classes will be affected.

If these emails are not sent and the pause was not expressed in an email the classes will not retroactively be applied to a clients workout bank.

Phuel

All clients will be added to a food roster once payment is received in full.

Clients will be charged a $35 bag deposit refunded upon return.

Clients will be a charged a $50 cooler deposit refunded upon return.

All phuel 10 packs of food expire in 6 weeks.

All phuel 20 packs of food expire in 10 weeks.

All phuel 40 packs of food expire in 14 weeks

All phuel 14 packs of food expire in 6 weeks.

All phuel 28 packs of food expire in 10 weeks.

All phuel 56 packs of food expire in 14 weeks.

Food Hold

An email is required to concierge@phatburn.com explaing the dates that need to be held and how many classes will be affected.

If you need to pause or hold PhatBurn’s prepared meal plan you will be granted a one time 60 day extension on the balance of meals in your bank at which time all days of food remaining from the original purchase will expire.

If these emails are not sent and the pause was not expressed in an email the classes will not retroactively be applied to a clients workout bank.

CANCELLATION POLICY

In order to cancel a reserved class and return it to your account, you must cancel 1 hour prior to the reserved time slot. Once your class is cancelled, the class will be returned to your account to be used at a future date. If you haven’t cancelled your class 1 hour prior to start time, your scheduled class will be deducted from your account.

You can cancel your reservation in the following ways:

FOR MEMBERS RUNNING LATE: We ask that you call the studio to let us know you are on the way. We will hold a reservation for up to 10 minutes after class begins. Members who are more than 10 minutes late will not be admitted into class as it is too disruptive.

1) Log into your account and, next to the class you wish to cancel, press “cancel.”

2) Call the studio to cancel the class for you.

FOR MEMBERS LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.

RESERVATION POLICY

Muscle Building classes have a maximum reservation of 6 people per time slot.

In order to accommodate your needs we allow you to reserve classes up to 60 days in advance. Classes can also be reserved up to 10 minutes before class.

PhatBurn classes have a maximum reservation of 10 people per time slot.