Release of Liability and Assumption of Risk

This Release of Liability and Assumption of Risk (this “

”) is between you and Balanced Health Ventures, Inc. (“

”). To participate in the exercise class you have selected (the “

 YOU ACKNOWLEDGE THAT YOU ARE AWARE OF AND UNDERSTAND THAT THE ACTIVITY IS POTENTIALLY DANGEROUS AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF BALANCED. NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND YOU AGREE TO ACCEPT AND ASSUME ALL RISK OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM YOUR PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

 You hereby expressly waive and release any claims, known now or hereafter, against Balanced and its officers, directors, employees, agents, affiliates, service providers, shareholders, successors, and assigns (collectively, "

"), related to your participation in the Activity, whether arising out of the ordinary negligence of any Releasees or otherwise. You will not make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that may not be released by agreement under applicable law.

 This Release is governed by New York law without reference to its conflict of laws principles. All claims arising under this Release will be litigated exclusively in the federal or state courts of New York City, New York. This Release binds and benefits the parties’ permitted successors and assigns. If any provision of this Release or portion of a provision is invalid, illegal, or unenforceable, the rest of this Release will remain in effect. This Release and Balanced’s Terms of Service constitute the entire agreement of the parties relating to their subject matter.

BY AGREEING TO THIS RELEASE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BALANCED.

Liability Waiver

”) of Balanced Health Ventures, Inc. (“

”). Balanced provides our virtual fitness, wellness, mindfulness, meditation, and nutrition content and assessments (collectively, including the Site and related products and services, the “

”).
This Privacy Policy explains what Personal Data (defined below) we collect, how we use and share that data, and your choices concerning our data practices. It also explains how we engage with Stripe to provide the Service to you.
Before using the Service or submitting any Personal Data to us, please review this Privacy Policy carefully and contact us at 

 if you have any questions. By using the Service, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, you may not access or use the Service.
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We collect information that alone or in combination with other information in our possession personally identifies you (“

 We collect Personal Data when you visit the Site, register to use the Service, in connection with your use of the Service, and in other instances where you may provide it to us. The Personal Data collected during these interactions may vary based on what you choose to share with us, but it will generally include your name, email address, telephone number, physical mailing and billing address, general demographic information, and information you may provide as part of the assessments we make available to you, including health and wellness information. We will also collect certain banking and payments information in connection with the Service, including as necessary to ensure payments can be processed and remitted by our third-party payment processors, such as Stripe, Inc. (“

”). Accordingly, in addition to this Privacy Policy and our Terms of Service, information related to your purchases is also processed according to Stripe’s Services Agreement and Privacy Policy. 

Personal Data We Receive Automatically From Your Use of the Service:

 When you visit, use and interact with the Service, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Service (e.g., Google Chrome, Microsoft Internet Explorer, etc.), and geographical location information. In particular, the following information may be created and automatically logged in our systems: 

: Information that your browser automatically sends whenever you visit the Service (“log data”). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Service. 

” section below to learn more about how we use cookies.

: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings. 

: We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.
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 We use cookies to operate and administer our Service, gather usage data on our Service and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit 

 We may use certain third-party analytics providers, including Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Service and enhance your experience when you use the Service. For more information on how Google uses this data, go to 

www.google.com/policies/privacy/partners/

: We and our third-party service providers, including Google and Facebook, may use cookies, pixels or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Service and use that information to send targeted advertisements. Our Service currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.
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. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers: 


Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Service and you may not be able to benefit from the full functionality of the Service.
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Advertising networks may collect Personal Data through the use of cookies. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at 

 and follow the opt-out instructions there.If you access the Service on your mobile device, you may not be able to control tracking technologies through the settings. 

We may use Personal Data for the following purposes:
To provide and facilitate your engagement with the Service, including to support your ordering or fulfillment of, or engagement with, our virtual fitness, wellness, mindfulness, meditation, and nutrition content and assessments, or other products and services made available on the Service;To respond to your inquiries, comments, feedback or questions;To send administrative information to you, for example, information regarding the Service, and changes to our terms, conditions, and policies;To administer a promotion, contest, sweepstakes, survey or other Service feature;To analyze how you interact with our Service;To maintain and improve the content and functionality of the Service;To develop new products and services;To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture and networks; andTo comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties.
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 We may collect or generate aggregated and/or anonymized Personal Data and use the aggregated and/or anonymized information to analyze the effectiveness of our Service, to improve and add features to our Service, and for any other lawful purpose. In addition, we may share aggregated and/or anonymized information with our business partners and other third parties. We may collect or generate aggregated and/or anonymized information through the Service, through cookies, and through other means described in this Privacy Policy.

 We may use your Personal Data to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. In addition, if at any time you do not wish to receive future marketing communications, you may contact us at 

. If you unsubscribe from our marketing lists you will no longer receive marketing communications, but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.
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In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:


 To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with our advisors, vendors, and service providers, including providers of hosting services, cloud services and other information technology services providers, ecommerce services, order fulfillment services, assessment collection and diagnostic services, event management services, email communication software and email newsletter services, advertising and marketing services, financial services providers and payment processors (including Stripe), customer relationship management and customer support services, and web analytics services (for more details on the third parties that place cookies through the Service, please see the “

” section above). Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us. We take commercially reasonable steps to ensure our service providers adhere to the 

 If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.

 If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Service, or the public, or (v) protect against legal liability.

 We may share Personal Data with our affiliates, meaning an entity that controls, is controlled by, or is under common control with Balanced. Our affiliates may use the Personal Data we share in a manner consistent with this Privacy Policy.
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We keep Personal Data for as long as you use the Service or as reasonably necessary or advisable to fulfill the purpose(s) for which it was collected, provide the Service, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, protect against fraud, enforce our agreements, and comply with applicable laws.
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 if you need to change or correct your Personal Data. 


Our Service is not directed to children who are under the age of 18. Balanced does not knowingly collect Personal Data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Service, please contact us at

 and we will endeavor to delete that information from our databases.



LINKS TO OTHER WEBSITES AND THIRD PARTY FUNCTIONALITY

Privacy Policy

Welcome, and thank you for your interest in Balanced! We appreciate you reviewing and following these terms so that we can continue to provide you with virtual fitness and wellness classes. These terms of service (“

”) are between you and Balanced Health Ventures, Inc. (“

”), and establish the terms that apply to you when you use the Service (as defined below).

BY USING THE SERVICE OR BY CLICKING “I AGREE” YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS. YOU MAY NOT USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. We are constantly improving the Service, so these Terms may need to change as we do. We can change these Terms at any time, and if we do, we will make reasonable efforts to provide you with prior notice of any material changes. Your continued use of the Service after any change to these Terms means that you accept the new version. You should consult these Terms each time you access the Service to view any changes. These Terms were last modified on the date indicated above.

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AS DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN A DISPUTE. YOU CAN OPT OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING

CONTACT@HELLOBALANCED.COM WITHIN 30 DAYS AFTER FIRST ACCEPTING THESE TERMS AND STATING YOUR FIRST AND LAST NAME AND THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTWITHSTANDING THE FACT THAT BALANCED MAY UTILIZE HEALTH OR MEDICAL PERSONNEL TO MAKE GENERAL RECOMMENDATIONS, NOTHING STATED OR POSTED ON THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PERSONALIZED PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IN THE EVENT OF A MEDICAL OR HEALTH EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS IMMEDIATELY.

Please review our Privacy Policy (located at https://hellobalanced.com/privacy-policy) which explains how we collect, use, and share information about you when you access or use the Service. By accepting these Terms, you agree to the Privacy Policy.
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1. 

” includes: (1) Balanced’s website (located at https://hellobalanced.com) (the “

”) as it may be updated, relocated, or otherwise modified from time to time; (2) virtual live and on-demand exercise classes for senior citizens through the Site; (3) any exercise, health, or wellness information provided by Balanced through the Site or during an exercise class, including Balanced’s provision of any assessments and suggestion of exercise classes; (4) the sale of related exercise equipment (“

”) that Balanced may make available through the Site; and (5) all content on the Site and all intellectual property rights arising out of or related to the foregoing. Any person who joins the Balanced community by completing the registration process to access or use the Service is a “

. Subject to your compliance with these Terms, Balanced hereby grants you a non-exclusive, revocable, non-transferable license to access and use the Service solely for your personal use.
‍
2. 

 To access most features of the Service, you must register for an account. You must complete the registration process by providing us with current, complete, and accurate information, as prompted by the applicable registration form.
B. 

 You acknowledge that if you provide any information to us that is not current, complete, or accurate, Balanced may terminate these Terms and your continued access and use of the Service. You agree to update your information if it is no longer current, complete, and accurate.
C. 

 You may close your account at any time and without cost, but you may remain liable for any outstanding purchases as well as any fees or other charges incurred in connection with your account. Balanced will issue refunds in accordance with our 

 (see our Refund Policy here: https://app.hellobalanced.com/refund-policy) for amounts previously incurred through our Service once you close your account. You can close your account by emailing 

 You represent and warrant that: (1) you are at least 18 years of age; (2) you have not been previously suspended or removed from the Service; and (3) your registration and your use of the Service is in compliance with all applicable laws. Balanced provides the Service from the United States. If you are using the Service from outside the United States, the Service may not be appropriate or permitted under applicable law. It is your responsibility to use the Service in accordance with all applicable law in any jurisdiction that applies to you.
E. 

. As part of the registration process, you might be asked to select a username, password, or other login credentials. You are responsible for maintaining the security and confidentiality of your login credentials. You agree to notify Balanced immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at contact@hellobalanced.com. You are responsible for all use of the Service occurring under your account. You may not share your login credentials with any third party. Balanced will not be liable for any loss that you incur as a result of someone else using your login credentials or account.
F. 

. You may use the Service solely for lawful purposes, and you may not (and you may not allow or assist any third party to):
(1) use, copy, modify, create derivative works, install, transfer, or distribute the Service, except as specifically described in these Terms and any usage limitations communicated to you;
(2) rent, lease, or otherwise permit third parties to use the Service, or reformat, mirror, or frame any portion of the Service;
(3) circumvent or disable any security features of the Service, or probe, scan, or test the vulnerability of the Service;
(4) gain unauthorized access to the Service, to other Members’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
(5) use the Service to distribute any viruses or other malicious code, or to transmit large amounts of data in a way that would be expected to have a detrimental effect on the Service;
(6) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or reproduce or circumvent the navigational structure or presentation of the Service or its contents;
(7) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms related to the Service (except to the extent this restriction is prohibited by applicable law);
(8) use the Service to transmit (i) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, hateful, libelous, defamatory, obscene or otherwise objectionable, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
(9) restrict, discourage, or inhibit any other Member from using the Service;
(10) disclose personal information about a third party or another Member on the Service or obtained from the Service without the consent of such third party or Member, or solicit, harvest, or collect information about other Members without their consent;
(11) violate any applicable international, federal, state, provincial, or local laws or regulations;
(12) use the Service in violation of Balanced’s or any third party's intellectual property or other rights;
(13) express or imply that any statements you make are endorsed by Balanced, without our prior written consent in each instance; or
(14) use or access the Service to build a competing service.We may take any legal action and implement any technical remedies to prevent the violation of these restrictions and to enforce these Terms.
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3. 

. Certain features within the Service may require you to pay fees, including one-time fees or fees on a subscription basis, and may provide you the option to activate recurring automatic payments for recurring fees. All prices are in U.S. Dollars unless otherwise indicated. Certain Products and services may be purchased with one-time fees, while others may be offered on a subscription basis, and may provide you the option to activate recurring automatic payments for recurring fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged before you accept them. If you activate or update recurring payments through the Service, you authorize Balanced or its third-party service providers to periodically charge, until cancellation, all accrued sums. Recurring subscriptions automatically renew unless they are cancelled via a method described in the Service at least 24 hours before the end of the current subscription period.
B. 

. Payment processing services for Balanced may be provided by our third-party payment processors, which may include Stripe Inc. (“

”). Stripe uses your credit card to make payments. The processing of credit card charges or credits, as applicable, relating to your use of the Service will be subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “

”). You hereby agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time as set forth therein. As a condition of Balanced enabling payment processing services through Stripe, you agree to provide Balanced with current, accurate, and complete information about you and your payment methods (billing address, credit card number, expiration date, etc.) and you authorize Balanced to share it and transaction information related to your use of the payment processing services provided by Balanced.
C. 

 Balanced may offer a free trial period during which you can use the Service for a limited period of time. You can manage or cancel the trial subscription through any methods described in the Service.
D. 

 Prices and descriptions for Products are subject to change without notice. We do not guarantee that the colors, features, specifications, and details of the Products will be accurate or free of errors, and your device’s display may not accurately reflect the actual colors and details of the Products. We may limit the sales of Products to any person, geographic region, or jurisdiction. We may limit the quantities of any Products that we offer and may discontinue any Product without notice. We do not warrant that the quality of any Products you purchase will meet your expectations. We may refuse any order you place with us. If we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number you provide. Balanced is under no obligation to accept or fulfill an order for a Product that was advertised at an incorrect price, and we may reject or cancel those orders.
E. 

 All orders placed through the Site and all returns are subject to shipping and returns policies that we make available through the Site. The risk of loss and title for all Products purchased by you and shipped by us pass to you upon our delivery to the carrier for shipment. The risk of loss and title for all Products purchased by you and shipped directly by one of our vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.

4. 

 Balanced and third parties may make available integrations between the Service and third-party products or services, including plugins and related services like Instagram or Facebook (“

”) that you may elect to use. Any use by you of such Third-Party Services is solely between you and the applicable Third-Party Service provider. Because the Third-Party Services rely on the Third-Party Service provider’s continued operation, Balanced does not warrant or provide support for Third-Party Services. Balanced is not responsible for any violations of applicable law by Third-Party Service providers, or for any liability arising from your use of Third-Party Services. Balanced does not guarantee the continued availability of any Third-Party Services (or any integration with Third-Party Services or related Service features), and if such Third-Party Services or related features are discontinued, you will not be entitled to any refund, credit, or other compensation. Depending on your location, certain Third-Party Services may not be available to you.

5. 

. The Service, including any content, modifications, and updates, and all intellectual property rights therein (collectively, “

”), is owned by Balanced and its licensors. No ownership rights in the Balanced IP are transferred to you by these Terms. You do not have any rights in or to the Balanced IP except for the limited express rights granted in these Terms.
B. 

. You acknowledge that Balanced has acquired, and is the owner of, common law or registered trademark rights in the name and word mark "Balanced" and in the other marks and design marks displayed on the Service. You acknowledge that these names and marks are famous and internationally known. You will not challenge the validity of, or Balanced’s ownership of, the foregoing names or marks, and you waive any rights you may have to do so. You may not use our names or marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All use of the foregoing names and marks by you will inure exclusively to Balanced’s benefit.
C. 

. If you give Balanced feedback, comments, or suggestions concerning the Service (collectively, “

”), you hereby assign to Balanced all right, title, and interest in and to the Feedback, and Balanced is free to use the Feedback without payment, attribution, or restriction.

6. 

. In the course of providing the Service, Balanced may disclose or make available to you information about its business. You acknowledge that all knowledge, information, and data provided by Balanced to you with respect to the business, operations, and marketing of Balanced’s products and services that is not generally known or publicly available, whether or not designated as “confidential,” is Balanced’s confidential information and you will not use or disclose such confidential information to any third party without Balanced’s prior written consent.

7. 

 Balanced may collect and analyze data relating to your use of the Service that is aggregated and/or deidentified in such a way that it is not associated with you (“

”) and other information relating to the provision, use, and performance of various aspects of the Service and related systems and technologies (including information provided by third-party analytical tools). Balanced may analyze, process, collect, and use Usage Data for any purpose, including for improving the Service and developing new products, services, features, and functionality.
B. 

 Recognizing the global nature of the Internet, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. If you are using the Service from the European Union or other regions with laws governing data collection and use, then you agree to the transfer and processing of your information to and in the United States. By providing your information to us, you consent to any transfer and processing in accordance with our Privacy Policy.

8. 

Let's Kick Off Your Fitness Journey