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TERMS OF SERVICE

PRACTICE ROOM TERMS OF SERVICE AND WAIVER AGREEMENT

 

By agreeing to the below terms and conditions of the Practice Room LLC and Practice Room BK LLC (“Practice Room”) Terms of Service and in consideration for permission to participate in Practice Room classes and events located at 650 Broadway, 4th Floor, New York, NY 10012 and 173 N 3rd Street, Brooklyn, NY 11211 (collectively the “Studio”) you confirm your understanding of, and agreement to the following terms and conditions:

  1. USER ELIGIBILITY AND CONDUCT: I shall comply with any rules or regulations that owners or managers of any of the Studio may establish for use of any of the Studio. I shall also comply with any amendments or other modifications of those rules or regulations. I understand that Practice Room may revoke my right to studio use at any time in violation of the terms herein.
  2. AGE AND ACCOUNT INTEGRITY: Participation in any activity, class, event, or service offered at Practice Room — whether as a member, guest, or visitor — is strictly limited to individuals who are 18 years of age or older. This requirement applies without exception to all uses of the facility, including but not limited to group fitness classes, personal training sessions, third-party hosted events, and general floor access.
    1. Any individual who cannot provide valid government-issued proof of age upon request will be denied entry. Members who allow or facilitate access to minors in violation of this policy are subject to immediate membership termination without refund and may be held liable for any resulting harm or liability.
    2. The Studio assumes no responsibility for misrepresentation of age by any individual seeking access to its facilities or programs.
    3. Memberships and class bookings are non-transferable. I understand that the Studio may cancel my membership or class booking upon discovery of any transfer.
    4. I understand that providing false identity information is grounds for immediate termination without refund.
    5. This policy applies equally to any individual accessing the Studio on a guest pass. The member of record is responsible for ensuring that all guests comply with the 18+ age requirement and enter under their full legal name. Any misrepresentation of age or identity by a guest may result in denial of entry and suspension or termination of the sponsoring member’s membership without refund.
  3. THIRD-PARTY EVENTS: I understand that third parties may occasionally place advertisements in the Studio for classes, workshops and retreats taking place outside the Studio (“Third Party Events”). I acknowledge that Practice Room is not responsible for the administration of such Third Party Events. 
  4. PERSONAL PROPERTY: the Studio shall bear absolutely no responsibility or liability of any kind for the loss, theft, damage, disappearance, or destruction of any personal property brought onto Studio premises. This exclusion applies regardless of the cause, including but not limited to theft by third parties, fire, flood, vandalism, negligence of Studio staff or other members, mechanical failure of lockers or storage units, or any other circumstance within or beyond the Studio’s control.
    1. Use of lockers, cubbies, or any other storage provided by the Studio is offered as a courtesy only and does not constitute a bailment, safekeeping arrangement, or any other custodial relationship. The Studio makes no representations or warranties — express or implied — regarding the security or condition of any storage provided. Members and guests assume full and sole responsibility for all personal belongings at all times while on Studio premises
    2. By entering the Studio, you expressly waive any and all claims against the Studio arising from loss, theft, or damage to personal property, to the fullest extent permitted by applicable law. You are strongly encouraged to leave valuables at home and to secure all belongings using your locker. The Studio is not obligated to investigate, report, or assist in recovering lost or stolen items, though it may choose to do so at its sole discretion.
  5. PRIVACY AND DATA: the Studio collects and retains the following personal information at the time of enrollment and throughout the duration of your membership: full legal name, date of birth, email address, phone number, and payment and billing information. This information is collected solely for the purposes of administering your membership, processing payments, verifying identity, and communicating with you regarding your account and Studio operations.
    1. Member data may be shared with trusted third-party service providers, including payment processors and analytics or membership management platforms, strictly to the extent necessary to operate the Studio’s services. These third parties are contractually obligated to handle your data securely and are prohibited from using it for any independent purpose.
    2. All member data is stored securely using industry-standard safeguards. The Studio retains your personal information for the duration of your membership and for a reasonable period thereafter as required for billing, legal, or recordkeeping purposes. Members do not have the ability to request deletion of their data while an account — active or inactive — remains on file, as retention is necessary to enforce our one-account-per-person policy and to maintain accurate membership records.
    3. By enrolling, you consent to the collection, storage, and use of your personal information as described in this section. The Studio reserves the right to update its data practices and will notify members of any material changes via email or posted notice at the facility no fewer than 14 days prior to the change taking effect
  6. INTELLECTUAL PROPERTY & MEDIA CONSENT: All intellectual property associated with the Studio, including but not limited to its name, logos, trademarks, branding, marketing materials, graphics, and any video or recorded class content produced by or on behalf of the Studio, is the exclusive property of the Studio and is protected by applicable intellectual property laws. No member, guest, or visitor is permitted to reproduce, distribute, modify, publicly display, or otherwise use any Studio-owned intellectual property in any form — digital or otherwise — without the prior written consent of the Studio. 
  7. PHOTOGRAPHY & RECORDING BY THE STUDIO: The Studio periodically photographs and films classes, events, and general Studio activity for use in marketing, promotional, and social media content. By enrolling as a member or entering the Studio premises as a guest, you grant the Studio a perpetual, royalty-free, irrevocable, and worldwide license to photograph, film, and record your likeness, image, and voice in connection with Studio activities, and to use, reproduce, and distribute such content across any media channels, including but not limited to social media platforms, the Studio’s website, and promotional materials, without compensation or further notice to you.
  8. PHOTOGRAPHY & RECORDING BY MEMBERS: By entering Practice Room and participating in any class, event, or activity on Studio premises, you acknowledge and accept that, as the Studio does not maintain a no-phone policy, you may incidentally appear in photographs, videos, or other content captured by fellow members or guests. The Studio bears no responsibility or liability for any such incidental appearance in third-party content.
  9. MODIFICATIONS TO TERMS: The Studio reserves the right to modify these Terms at any time. Members will be notified of any material changes via email or posted notice at the facility no fewer than 14 days prior to the change taking effect. Continued use of the Studio following the effective date of any modification constitutes acceptance of the revised Terms.
  10. DISPUTE RESOLUTION: Any dispute arising out of or relating to these Terms or your use of the Studio shall first be submitted to good-faith mediation between the parties before any legal action is initiated. In the event mediation is unsuccessful, the parties agree that all disputes shall be resolved on an individual basis and not as part of any class or collective action. Each party expressly waives any right to a jury trial in connection with any dispute arising under these Terms.
  11. NO REFUND & CHARGEBACK POLICY: All fees paid to the Studio, including class purchases, membership fees, and event bookings, are non-refundable. By completing a purchase and participating in any class, event, or service, you acknowledge that you received the service for which you paid and expressly waive any right to initiate a chargeback or payment reversal with your financial institution on the basis of dissatisfaction with the service received. Any billing disputes must first be directed to the Studio in writing before engaging your financial institution. Initiating a chargeback without first contacting the Studio constitutes a breach of this Agreement.
  12. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. The parties consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York for resolution of any disputes arising under these Terms.