LIABILITY WAIVER

I/We hereby understand and acknowledge that the training, programs and events held by Burn Collective LLC may expose me to many inherent risks, including but not limited to accidents, injury, illness, or even death.  I/We assume all risk of injuries with participation including, but not limited to, falls, contact with other participants, the effects of a heated or cold room during a workout, and all other such risks being known and appreciated by me.

I/We hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in activity.  I/We acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in.  

After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and Burn Collective LLC furnishings services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE Burn Collective LLC its officers, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in Burn Collective LLC training, programs and/or events.

By my signature I/We indicate that I/We have read and understood this Waiver of Liability.  I am aware that this is a waiver and a release of liability and I voluntary agree to its terms.

TERMS & CONDITIONS 

BURN Collective is not responsible in any way for the safekeeping of your personal belongings while attending a class. By attending classes, events, activities, and other programs and using BURN Collective studio facilities, website, or equipment, 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 a workout program as well as contracting COVID-19. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise in a group class setting. You acknowledge that BURN Collective 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 acknowledge that by attending in studio classes, you are assuming responsibility for yourself and accepting the risk for contracting COVID-19. BURN Collective is not responsible or liable for you should you contract COVID-19. BURN Collective is not responsible in any way for the safekeeping of your personal belongings while attending a class. By attending classes, events, activities, and other programs and using BURN Collective studio facilities, website, or equipment, 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 a workout program as well as contracting COVID-19. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise in a group class setting. You acknowledge that BURN Collective 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 acknowledge that by attending in-studio classes, you are assuming responsibility for yourself and accepting the risk for contracting COVID-19. BURN Collective is not responsible or liable for you should you contract COVID-19. All members must be at least 18 years of age and sign the BURN Collective, LLC release form to book and attend in-studio classes. A parent or legal guardian may accompany a 16 or 17 year old minor to attend in-studio class if the adult member agrees to sign the appropriate release forms for the minor. Minors under the age of 16 may not enter or use BURN Collective facilities at any time, no exceptions. No pets are allowed on premise at any time, no exceptions. At all times, you shall comply with all stated and customary terms, COVID policies, rules, and verbal instructions given to you by your instructor. Our ultimate goal is to provide a safe environment for everyone!

PURCHASE POLICY

Classes and instructor assignments are subject to change. Pricing is subject to change without notice. All sales are final for all class credits, class packages, monthly memberships and gift cards purchases. No guest bookings are permitted, the guest booking feature is disabled on our website and BURN Collective App. All class packages are non-transferable and non-refundable; there are no exceptions. The expiration date will be noted on your purchase receipt for your records.  BURN will not be held liable for any bank overdraft fees.

monthly member CANCELLATION & FREEZE POLICY

Monthly Memberships require an initial commitment of three monthly payments, without the option to freeze or cancel. No exceptions will be made. After making three initial consecutive monthly payments for the BURN Monthly or four initial consecutive monthly payments for the BURN Mini Monthly, the membership will automatically renew indefinitely until terminated. You may cancel or freeze the monthly membership agreement with written notice to BURN Collective at least seven days prior to my next scheduled payment date, without incurring any additional fees or penalties. All cancellation and freeze requests should be directed to the following email address: info@burncollectivehi.com.

Monthly Memberships allow for a maximum of two non-medical emergency freezes per year, not exceeding a total of two months, after the initial three-month period. Freezes do not adjust or extend the auto-pay schedule. Furthermore, any unused classes do not roll over and are not transferable. Freezing a membership preserves the amount of time between the freeze start date and the next billing period. Therefore if it is 10 days until the next billing date and the membership is frozen for a month, the customer will be billed 10 days after the Freeze End Date.

CLASS ATTENDANCE POLICY

We kindly request all participants to arrive at least 5 minutes prior to the scheduled class start time. These crucial minutes before class are dedicated to finalizing the class list, arranging everyone's starting spots, accommodating waitlisted individuals, and ensuring a prompt start for an uninterrupted workout session. Please note that if you arrive late, waitlisted members will be given your spot in class, the studio doors will be locked, and it will be considered a no-show.

For changes or cancellations, please ensure that you cancel the class on the BURN website or app via your member profile at least 12 hours prior to the class start time to retain your class credit. We do not manage cancellations on behalf of participants. Canceling the class after the 12-hour booking window will result in the loss of class credit and/or a $20 + tax fee for no-shows or late cancellations. If you have booked a class using a Monthly Membership credit and fail to attend or late cancel, it will result in a loss of credit and a $20 + tax fee. Similarly, if you have used a Class Package for booking and no-show or late cancel, it will result in the loss of your class credit.

PHOTOGRAPHY & VIDEO RELEASE 

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, the undersigned, agree as follows:

I/We agree to be photographed, recorded and videotaped by BURN Collective, LLC and its agents (“Company”) in connection with my participation in BURN Collective, LLC classes.

I/We hereby irrevocably authorize Company and its affiliates to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use, (a) my name, image, likeness, and voice, and (b) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations of or by myself (collectively, the “Materials”), in any manner, form, or format whatsoever now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Company, its affiliates, or their services, without further consent from or payment to me.

 It is understood that all of the Materials, and all films, audiotapes, videotapes, reproductions, media, plates, negatives, photocopies, and electronic and digital copies of the Materials, are the sole property of Company. I agree not to contest the rights or authority granted to Company hereunder. I hereby forever release and discharge Company, its employees, licensees, agents, successors, and assigns from any claims, actions, damages, liabilities, costs, or demands whatsoever arising by reason of defamation, invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of the Materials. I understand that Company is under no obligation to use the Materials.

ABUSE & MOLESTATION PROTOCOLS

BURN Collective LLC does not permit or allow sexual abuse or  molestation to occur in its workplace or at any activity sponsored by or related to it. To make this “zero—tolerance” policy clear to all  instructors, volunteers and members, we have adopted mandatory procedures that individuals and victims must follow when they learn of or witness sexual abuse or molestation. Those reasonably suspected or believed to have committed sexual abuse or misconduct will be appropriately disciplined, up to and including termination of employment or membership, as well as criminally prosecuted. No instructor, volunteer, member or other person, regardless of his or her title or position has the authority to commit or allow sexual abuse or misconduct. Sexual abuse includes sexual assault, exploitation, molestation or injury. It does not include sexual harassment, which is another form of behavior which is prohibited by BURN Collective.  

Reporting Procedure:
 Immediately report suspected sexual abuse or misconduct to Maria - maria@burncollectivehi.com or Cydney - info@burncollectivehi.com
.  It is not required to directly confront the person who is the source of the report, question or complaint before notifying any of the individuals listed. BURN Collective will take every reasonable measure to ensure that those named in complaint of misconduct or are too closely associated with those involved in the complaint will not be part of the investigative team.

Investigation & Follow Up
:  BURN Collective will take all allegations of sexual abuse or misconduct seriously and will promptly, thoroughly, and equitably investigate whether misconduct has taken place. BC may utilize an outside third party to conduct an investigation of misconduct. BURN Collective will cooperate fully with any investigation conducted by law enforcement or other regulatory/protective services agencies. To the fullest extent possible, but consistent with our legal obligation to report suspected abuse to appropriate authorities, we will endeavor to keep the identities of the alleged victims and investigation subject confidential.

If the investigation substantiates the allegation, our policy provides for disciplinary penalties, including but not limited to termination of the relationship with BURN.

Retaliation Prohibited
:  We prohibit any retaliation against any individual, who in good faith reports sexual abuse, alleges that it is being committed or participates in the investigation. Intentionally false or malicious accusations of sexual abuse are prohibited.

Anyone who improperly retaliates against someone who has made a good faith allegation of sexual abuse, or intentionally provides false information to that effect, will be subject to discipline, up to and including termination.

Reporting to Law Enforcement or Appropriate Child or Adult Protective Services
:  BURN Collective is committed to following the state and federal legal requirements for reporting allegations or incidents of sexual abuse or misconduct to appropriate law enforcement and child or adult protective services organizations. It is the policy of BC not to attempt to investigate or assess the validity or credibility of an allegation of sexual or physical abuse as a condition before reporting the allegation to proper law enforcement authorities or protective services organizations.

PRIVACY POLICY

Last Updated April 11, 2022

This is the Privacy Policy of BURN Collective, LLC (hereafter referred to as “us” or “we”). This Privacy Policy describes how your personal information is collected, used, and shared when you use our streaming service,The Sculpt Society through our website (burncollectivehi.com + app.burncollectivehi.com ) or any of our branded apps (together, the “Service”).

By using the Service, you agree to the collection, use and disclosure of your information as described in this Privacy Policy. We may modify this Privacy Policy from time to time. Your continued use of the Service constitutes your agreement to any updated Privacy Policy on a prospective basis.

PERSONAL INFORMATION WE COLLECT

When you use the Service, we collect the following types of personal information:

Account Registration Information

In order to sign up for a class and/or make a purchase, you must create an account by providing us with your email address and a password. You may also create a username and upload an avatar to use for comments or forums.

Payment Information

You must also provide valid payment card information if you wish to sign up for a free trial, subscription, or make any other purchase. Except for the name associated with your card and information about the transaction (e.g., time of transaction, amount), payment card information is collected directly by a third-party payment vendor and is not received or stored by us.

Information Collected Automatically

Each time you visit the Service, we automatically collect certain information about your device and your interaction with the Service. This may include your viewing activity, your IP address, location information, your browser type, your Internet service provider (ISP), referring/exit pages, your operating system, date/time stamps, and related metadata.

Comments

We may offer the ability to provide comments or to post messages in a forum. Any posts you make will be publicly available.

Other Information

You may also choose to provide other information about yourself in connection with surveys, contests, special offers, customer support inquiries, and other communications with us.

HOW WE USE YOUR INFORMATION

We may use the information collected about you to:

  • Fulfill your orders and deliver content to you;

  • Send you marketing communications (depending on your preferences);

  • Provide customer support to you;

  • Analyze how the Service is being used for troubleshooting and improvements;

  • Communicate with you;

  • Collect debts, prevent fraud, and protect the integrity of the Service;

  • Enforce our legal rights;

  • Advertising or retargeting

DISCLOSURES TO THIRD PARTIES

We may disclose your information to the following types of third parties:

Authorized Service Providers

We share your information with authorized service providers involved in operating the Service. For example, we use Vimeo OTT to power the Service and provide customer support. You can read more about how Vimeo uses your personal information here: vimeo.com/privacy. Our authorized service providers also include payment providers, email service providers, analytics companies, and advertising companies.

Legal Situations

We may disclose your information when we have a good faith belief that compliance is required by a search warrant, subpoena, court order, or similar request from a law enforcement or other government agency.

To the Public

We may publicly disclose aggregated user statistics and other information, which is not considered personal information. If you comment on a video or participate in a forum, your comment will be shared publicly.

TARGETED ADVERTISING

We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.

You can limit the use of your information for purposes of targeted advertising using a number of methods:

  • By configuring your browser settings and/or mobile settings to restrict third-party cookies and/or the use of the advertising ID associated with your mobile device for interest-based advertising purposes.

The options described above must be set on each of your devices in order to apply. Not all companies that serve interest-based ads participate in the ad industry opt-out programs described above, so even after opting-out, you may still receive some cookies and interest-based ads from other companies.

EMAILS

When you create an account, you may receive certain emails:

Transaction Emails: When you first create an account, we may send you a welcome email that provides information about your subscription and your account. If you make a purchase, we may send you an email confirming your purchase. We may also send you other emails concerning your account status and renewals. You may not opt out of transactional emails.

Marketing Emails: Depending on your preferences, we may send you emails letting you know about new programs or features, or promotions. You may opt out of these emails at any time in your account settings.

YOUR PRIVACY RIGHTS

You may change your account information or close your account at any time by logging into your account and adjusting your account settings. If you close your account or request that we delete your account, you may lose access to content you have purchased. When you close your account, we may preserve your account information to (i) let you know about new offers and content; (ii) restore your account, if you ever wish to re-subscribe; and (iii) where we believe in good faith that preservation is necessary to enforce our rights.

EEA Users

Users from the European Economic Area (EEA) have the right to: opt out of cookies (see our Cookie Policy); access, correct, delete, restrict or object to our use of your personal information. If you would like to exercise any of these rights, please submit your request by contacting us here.

We process personal information to fulfill contracts with you and to provide services you have requested (for example, to fulfil a purchase), or otherwise to pursue our legitimate business interests. Note that your information will be transferred outside of Europe, including to the United States.

California Users

Users from California have the right to: request information about the categories and sources of personal information collected about you, and the associated purposes for collection and third-party disclosures; request a copy of your personal information; request deletion of your personal information; and opt out of the sale of your personal information.

To exercise your right to access or delete your personal information, submit your request by using our form. Note that to process your request, we must be able to verify your identity as the owner of the account you are inquiring about. We may not be able to fulfill your request until we can do so. Although you do not need to have an account to submit a request, we may not be able to locate certain information to process your request if you don’t have one.

Nevada Users

Nevada residents have the right to opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information.

CHILDREN’S PRIVACY

The Service is not intended for individuals under the age of 16. If you are a parent or legal guardian who has discovered that your child has provided personal information through the Service without your consent, please contact us so that we can remove any unauthorized information.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. Your continued use of the Service constitutes your agreement to any updated Privacy Policy on a prospective basis.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us here.