Terms and Conditions.

NON POST WAIVER

By signing this contract, you are agreeing to not promote the Challenge on any social media platforms. (Instagram, Facebook, Twitter, etc.)

Liability Waiver

LIABILITY WAIVER, NON-RECORDING,

NON-HARASSMENT, AND

ARBITRATION OF DISPUTES AGREEMENT

General Assumption of Risk & Limitation of Liability

By signing this contract, enrolling online, attending classes, events, activities, and/or other programs, including without limitation participating online in any such classes, events, activities, and/or other programs of "chloebar", its subsidiaries and affiliates (collectively @chloebar and #raisethebar) whether online, in a gym, or using equipment outdoors in a bootcamp, you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives, and/or assigns (collectively “you” and/or “yourself”) that (a) there are certain inherent risks and dangers in the strenuous nature of the "chloebar" (Chloe Bardos) workout program, (b) you have voluntarily chosen to participate in an intense physical exercise program, (c) you understand that "chloebar" strongly recommends that you consult with your physician prior to commencing any workout regimen, (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack, and/or death, and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost, or damages "chloebar", and it's instructor Chloe Bardos, its members, its directors and its employees for any injury, harm, or loss you may suffer, including death, as a result of participation in any chloebar services.

Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic

"chloebar" takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, chloebar cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending classes, events, and/or activities with chloebar may place you in close physical contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract 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 chloebar gym or outdoor bootcamp sessions and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 at chloebar may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, chloebar employees or members.

By signing this document, enrolling online, and/or attending in person classes, events, activities, and other programs and/or entering the studio facilities of choice, to the extent allowed 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, damage, loss, claim, liability, or expense of any kind (including, but not limited to, personal injury, disability, and/or death) that may occur to you or your family members in connection with attendance at chloebar workouts or as a result of participation in chloebar services (“Claims”), and (b) covenant not to sue chloebar (Chloe Bardos), her instructors, clients, and employees for the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto based on the actions, omissions, or negligence of "chloebar" (Chloe Bardos), its instructors, its members, and its employees, whether a COVID-19 infection occurs before, during, or after entering a chloebar facility or participating in any of "chloebar" Services. You also acknowledge that some provinces do not allow waiver of certain types of risks so the above limitations may not all apply to you.

Non-Recording of Live Studio/Online Classes Agreement

You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live chloebar classes, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of "chloebar". This includes even a temporary recording/transmission of a live chloebar online class via any online platforms, including without limitation, SnapChat, Facebook, Instagram, or Zoom.

Any violation of this policy is grounds for exclusion from future participation in any "chloebar" classes. You further agree to indemnify, defend, and hold harmless "chloebar" (Chloe Bardos) , its members, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable legal fees) resulting from your violation of this policy.

Non-Harassment Policy

chloebar disapproves of any unwelcomed, inappropriate, and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any chloebar personnel or any chloebar/#raisethebar member, including while participating in a Zoom class, at a gym, or any other chloebar-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that the conduct is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of the team if the harassment takes place in a gym or email chloebarfitness@gmail.com if the harassment takes place digitally or if you feel more comfortable reporting the harassment by email.

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, place (specify location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.

chloebar will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. chloebar's responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations and the outcome of the investigation. chloebar strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore, confidentiality cannot be guaranteed.

Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration of Disputes Agreement below.

ARBITRATION OF DISPUTES AGREEMENT

Please Read the Following Carefully – It May Significantly Affect Your Legal Rights Including Your Right to File a Lawsuit in Court

If you and chloebar (Chloe Bardos) do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued over a dispute arising out of this agreement, either party may initiate binding arbitration. All claims arising out of or relating to your use of the Services (including the formation, performance, and breach of this arbitration agreement), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by the Canadian Arbitration Association (“CAA”), Employment Arbitration Rules and Mediation Procedure (“CAA Rules”), excluding any rules or procedures governing or permitting class actions.

Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and chloebar (Chloe Bardos) shall select a single neutral arbitrator in accordance with the CAA Rules. The arbitrator, and not any federal, provincial, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and chloebar shall be subject to the Federal Arbitration Act.

The current CAA rules governing arbitration may be accessed at https://canadianarbitrationassociation.ca/?page_id=17. Updated copies of the rules are available for review from the CAA’s website at http://canadianarbitrationassociation.ca/

You and chloebar understand that absent this mandatory provision, you and chloebar would have the right to sue in court and have a jury trial. You and chloebar further understand that the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver

You and chloebar each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and chloebar each expressly waive our respective right to file a Class action or seek relief on a Class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and chloebar shall be deemed to have not agreed to arbitrate disputes.

Exception – Small Claims Court Claims

Notwithstanding your and chloebar agreement to resolve all disputes through arbitration, either you or chloebar may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

14 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and Class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing me at chloebarfitness@gmail.com and providing the following information: (i) your name, (ii) your mailing address; (iii) a statement of your wish not to resolve disputes with Barry’s through arbitration. The notice must be sent within fourteen (14) days of your agreement to the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, chloebar will also not be bound by them.

Exclusive Venue for Litigation and Governing Law

To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and chloebar expressly consent that any litigation between you and us shall be filed exclusively in provincial or federal courts located in and governed by the laws of the Province in which the dispute arose (except for small claims court actions which may be brought in the country where you reside) or, if in connection with chloebar zoom classes, the province in which the class was taught, without giving effect to any principles of conflicts of law. In the event of litigation, you and chloebar agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

By signing this document, I hereby acknowledge that I have voluntarily chosen to participate in an intense physical exercise program. I understand that chloebar (Chloe Bardos) strongly recommends that I consult with my physician prior to commencing any classes. By signing this document, I acknowledge that I have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By signing this document, I assume all risk for my health and well-being, and fully release and hold harmless for any responsibility, cost or damages chloebar, its instructors, members and employees. I release chloebar any affiliate of the foregoing and each of their respective partners, officers, directors, employees, volunteers, agents, executors, administrators, successors, and assigns ("the Released Parties") at my own risk and I agree to forfeit any and all forms of legal recourse which may be available to me, including but not limited to any form of damages, as a result of your participation in the Classes. I agree that these provisions above apply to me, my family heirs, executors, and anyone else who may be able to bring a legal action on your behalf in the future. I hereby indemnify and hold harmless the Released Parties from any and all liability for any property damage or personal injury to any third party resulting from your participation in the Classes. I hereby acknowledge that I, and any minor* under my care, fully release.

*No one under 15 may participate. A minor aged 15-17 may participate with a guardian present.