PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.

Annie Forest, LLC (DBA Forest Coaching and Studios) Forest Coaching formerly known as Annie Forest and Pulse Kettelbells & Yoga, (together with our affiliates, “Coaches”, “we”, or “us”) provides an online fitness community and related products, services, content and features through Forest Coaching websites, such as those for our studio, support, boutique, the interfaces live-streaming content through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and Forest Coaching social media pages (including on Facebook, Instagram, LinkedIn, YouTube, Vimeo, Spotify and Twitter). To make these Terms easier to read, the Forest Coaching websites, landing pages and Apps, along with the Forest Coaching-controlled social media pages are collectively called the “Forest Services” or “the Services”. By registering as a member or by visiting, browsing, or using the (Forest) Service/s in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and Forest Coaching & Studios and Annie Forest, LLC.

PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 20). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND FOREST COACHING WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-⁠WIDE ARBITRATION.

If you do not wish to be bound by these Terms, you may not access or use the FOREST SERVICES. Certain elements of the FOREST SERVICES may be subject to additional terms and conditions specified from time to time; your use of those elements of the FOREST SERVICES is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

Who May Use the FOREST SERVICES

Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a FOREST SERVICES membership subscription and become a Membership Holder (as defined in the Membership Terms). Individuals 14 years of age and older with written parent or guardian consent may access coaching, classes, and other forest services provided that such individuals:

1. Have been cleared to participate by a family physician;
2. Have permission to participate from a parent or legal guardian who will provide supervision;
3. Abide by common sense and all Safety Precautions 
4. Rest, hydrate and modify as needed.

We may, in our sole discretion, refuse to offer the Forest Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the FOREST SERVICES is revoked where these Terms or use of theFOREST SERVICES is prohibited or conflicts with any applicable law, rule or regulation. Further, the FOREST SERVICES is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

License to Use the FOREST SERVICES

License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the FOREST SERVICES, you are granted a limited, non-transferable, non-exclusive, revocable right and license to access and use the FOREST SERVICES for your own personal, non-commercial purposes, a right which may not be assigned or sub-licensed to anyone. This license includes the right to view Content (defined below) available on the FOREST SERVICES and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by the Intellectual Property Law which forms a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Forest Coaching.

Restrictions. Except as expressly permitted in writing by an authorized representative of Forest Coaching, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the FOREST SERVICES, nor will you take any measures to interfere with or damage the FOREST SERVICES. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the FOREST SERVICES, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Forest Coaching in these Terms are reserved.

To enjoy full access to the FOREST SERVICES, you must register as a member of the FOREST SERVICES and enter into a subscription agreement for access to our live and on-demand classes, Content and features (a “Subscription”). Your Subscription is also governed by the Membership Terms. You must provide complete and accurate registration information to Forest Coaching, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.

In-Studio Classes and Membership. Participation in our in-studio live classes is subject to additional fees that are separate from the Subscription fees for FOREST SERVICES online Content. You must have an account registered on our studio website (or Mindbody Online) in order to sign up for in-studio classes and/or purchase studio memberships, but you are not required to have a Subscription. Additional information about our in-studio class packs and memberships is available on our studio website.

Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in Forest Coachings sole discretion).

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Forest Service. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately.

Membership Structure and Fees

Forest Coaching will provide information on its then-current in-studio membership and Subscription requirements on the Forest Coaching Site and/or by other means through MindBody Online. Features and prices are subject to change.

Sale of Products

Forest Coaching accepts orders on digital content, apparel or accessories that we may offer through the Forest Coaching Store online or at the studio. Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Advertising depictions, graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product or component availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Forest Coaching Site or to your email address after your payment has been processed. Digital and educational series purchases are non-refundable. Apparel purchases are non refundable, but in the event of a defect, Forest Coaching will replace it for equal value. 

Termination; Account Deletion

Term. These Terms begin on the date you first use the Forest Services and continue as long as you have an account with us and/or continue to use the Forest Services.

Termination. Annie Forest, LLC (dba Forest Coaching and Studios) may, in our sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Forest Coaching determines that you have violated these Terms or that your conduct or User Content would tend to damage Forest Coaching's reputation or goodwill. If Forest Coaching deletes your account, you may not re-register for or use the Forest Service under any other user name or profile. Forest Coaching may block your access to the Forest Service to prevent re-⁠registration.

Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Forest Coaching will terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 8), Indemnification (Section 12), No Warranties (Section 15), Limitation of Liability (Section 16), Safety Warnings (Section 17), Intellectual Property (Section 18), Arbitration Requirement & Class Action Waiver (Section 20), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and Forest Services is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the Forest Service. Forest Coaching, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.

User Content

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Forest Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the Forest Service. Content includes, without limitation, User Content.

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Forest Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Forest Service.

As between you and Forest Coaching, you represent that you own (or have all rights necessary to grant Forest Coaching the rights below to) all User Content that you submit to the Forest Service, and that Forest Coaching will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Forest Coaching a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Forest Coaching Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Forest Coaching or through the Forest Service about improving or adding new features or products to the Forest Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Forest Coaching a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Forest Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

General Prohibitions and Forest Coaching's Enforcement Rights

You agree not to do any of the following:

1. Post, upload, publish, submit or transmit any User Content or engage in any activity that:
   1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
   2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
   3. is fraudulent, false, misleading or deceptive;
   4. is defamatory, obscene, pornographic, vulgar or offensive;
   5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
   6. is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
   7. exploits minors or
   8. promotes illegal or harmful activities or substances;
2. Use, display, mirror or frame the Forest Service or any individual element within the Forest Service, Forest Coaching name, any trademarks, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Forest Coaching's express written consent;
3. Access, tamper with, or use non-public areas of the Forest Service, Forest computer systems, or the technical delivery systems
4. Attempt to access, scrape or search the Forest Service or Content or download Content from the Forest Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Forest or other generally available third-party web browsers;
5. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
6. Use any meta tags or other hidden text or metadata utilizing a Forest trademark, logo URL or product name without Forest Coaching's express written consent;
7. Use the Forest Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Forest Coaching;
8. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Forest Service or Content to send altered, deceptive or false source-identifying information;
9. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Forest Service or Content;
10. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Forest Service;
11. Collect or store any personally identifiable information from the Forest Service from other users of the Forest Service without their express permission;
12. Copy, use, index, disclose or distribute any information or data obtained from the Forest Service, whether directly or through third parties (such as search engines), without express written consent;
13. Alter, replicate, store, distribute or create derivatives from the Content available via the Forest Service except as expressly permitted in writing;
14. Impersonate or misrepresent your affiliation with any person or entity;
15. Access, use or exploit the Forest Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Forest Coaching, or the Forest Service;
16. Violate any applicable law or regulation; or
17. Encourage or enable any other individual to do any of the foregoing.

You also agree to abide by the Forest Client / Member Contracts Presented at sign up. We have the right to investigate violations of these Terms or conduct that affects the Forest Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Member Interactions, Dealings with Third Parties

When interacting with other Forest members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Forest Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Forest Coaching is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. In addition, when visiting or taking classes at any of our studios, please be advised that Forest Coaching is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio and the directions of that studio’s employees and representatives.

Indemnification

You agree to indemnify, defend, and hold harmless Annie Forest, LLC, Forest Coaching and Studios and its directors, officers, employees, and agents, from and against all claims, damages, injuries, illnesses, losses and costs that arise from or relate to

1. your activities with, at or on the Forest Service,
2. any User Content submitted by or on behalf of you or
3. your violation of these Terms.

Third Party Links and Content

There may be links on the Forest Service that let you leave the particular Forest Service you are accessing in order to access a linked site that is operated by a third party. Forest Coaching neither controls nor endorses these sites, nor has Forest Coacing reviewed or approved the content that appears on them. Forest Coaching is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that Forest Coaching is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.

No Warranties

Annie Forest, LLC and Forest Coaching and Studios reserves the right to modify the Forest Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Forest Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Forest Service. Forest Coaching has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Forest Service is suitable for all users or that it will continue to be available for any length of time.

Forest Coaching and Studios provides the Forest Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Forest Service at your own risk. Other than as expressly provided in writing by Forest Coaching in connection with any purchase of a Forest Coaching product, to the extent permitted by law, Forest Coaching expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Forest Coaching makes no representations or warranties:

• That the Forest Service is or will be permitted in your jurisdiction;
• That the Forest Service will be uninterrupted or error-⁠free;
• Concerning any Content, including User Content;
• Concerning any third party’s use of User Content that you submit;
• That the Forest Service will meet your personal or professional needs;
• That Forest Coaching will continue to support any particular feature of the Forest Service; or
• Concerning sites and resources outside of the Forest Service, even if linked to from the Forest Service.

To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE FOREST SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

Limitation of Liability

To the fullest extent permitted by law:

1. Annie Forest, LLC and Forest Coaching and Studios shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Forest Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
2. Forest Coaching's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Forest Coaching over the 12 months preceding the date your first claim(s) arose.

If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Forest Coaching's limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Forest Coaching and you.

Safety Warnings

THE FOREST SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE FOREST COACHING SITE OR HEARD ON THE FOREST COACHING SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE FOREST SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

NOTHING STATED OR POSTED ON THE FOREST COACHING SITE OR AVAILABLE THROUGH ANY FOREST SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE FOREST SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, FOREST COACHING MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE FOREST SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

1. no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
2. you have never felt chest pain when engaging in physical activity;
3. you have not experienced chest pain when not engaged in physical activity at any time within the past month;
4. you have never lost your balance because of dizziness and you have never lost consciousness;
5. you do not have a bone or joint problem that could be made worse by a change in your physical activity;
6. your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
7. you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
8. you do not know of any other reason you should not exercise; or

(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Forest Service.

If applicable, you further affirm that

1. you are not pregnant, breastfeeding or lactating; unless
2. your physician or general practitioner has been specifically consulted and approved your use of the Forest Service.

Forest Coaching reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

Intellectual Property Acknowledgment

You acknowledge and agree that your use of the Forest Services and any Content contained therein is dependent upon you agreeing to and abiding by the Forest Coaching Intellectual Property and DMCA Policy at all times. You further acknowledge that the Forest Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Forest Coaching-generated content, and content provided to Forest Coaching by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and Forest Coaching, Forest coaching's own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the Forest Service.

Intellectual Property Usage and Reporting Infringement

Forest Coaching respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the Forest Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the Contact Page to report it to us.

ARBITRATION REQUIREMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.

1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Forest Coaching agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the Forest Coaching entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that you and Forest Coaching are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
2. Exceptions and Opt-out. As limited exceptions to Section 20(a) above:
   1. you may seek to resolve a Dispute in small claims court if it qualifies; and
   2. we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
   In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by regular mail sent to the attention of Forest Coaching's Legal Department at the Studio address set out  below within 30 days following the date you first agree to these Terms.
3. Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Forest Coaching's Legal Department at the Studio address set out below. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 45 days after Forest Coaching's receipt of the Notice, then you or Forest Coaching may initiate arbitration proceedings as set out below.
4. Conducting Arbitration and Arbitration Rules. Any arbitration will be conducted by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator that is either
   1. a retired federal or state court judge, or
   2. an attorney who has been licensed to practice law in the state of New York for at least 10 years. The arbitration will be conducted by an in-person hearing, unless we both agree otherwise.
   If JAMS fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator.
   Any arbitration hearings will take place in the county (or other municipality) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both you and Forest Coaching may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes.
5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against Annie Forest, LLC or Forest Coaching and studios, you will be responsible for paying a $250 consumer filing fee. 
6. Class Action Waiver. YOU AND FOREST COACHING AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 20 shall be null and void.
7. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25 “Modification”, if Forest Coaching changes any of the terms of this Section 20 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or the date of Forest Coaching's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Forest Coaching in accordance with the terms of this Section 20 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
8. Severability. With the exception of any of the provisions in Section 20(e) above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

Interpretation; Severability; Waiver; Remedies

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by FOREST COACHING in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FOREST COACHING. FOREST COACHING'S rights and remedies hereunder are cumulative and not exclusive.

Successors; Assignment; No Third Party Beneficiaries

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Forest Coaching prior written consent. Forest Coaching may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

Notices

You consent to receive all communications including notices, agreements, disclosures, or other information from Forest Coaching electronically. Forest Coaching may communicate by email or by posting to the Forest Service. For support-related inquiries, you may email Support. For all other notices to Forest Coaching, write to the following addresses:

Forest Coaching and Studios
Attn: Legal Department
133 S. Butler St. (Lower Level)
Madison, WI 53703 US
USA

Nothing in these Terms or otherwise limits Forest Coaching's right to object to subpoenas, claims, or other demands.

Modification

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the Forest Coaching Site and/or through the Forest Service. Modifications will be effective on the date that they are posted to the Forest Coaching Site. It’s important that you review the Terms whenever we update them before you use the Forest Service. If you continue to use the Forest Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(f) “Effect of Changes on Arbitration,” you may not use the Forest Service anymore. Because the Forest Service is evolving over time we may change or discontinue all or any part of the Forest Service, at any time and without notice, at our sole discretion.

Entire Agreement

These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to theForest Coaching Site from time to time:

• Privacy Policy
• Membership Terms
• Warranty
• Return Policy
• Apparel Return Policy
• Intellectual Property and DMCA Policy
• Home Trial Terms

In the event of a conflict between any policies posted on the Forest Service and these Terms, these Terms will control. These Terms represents the entire understanding between Forest Coaching and you regarding the Forest Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Force Majeure

Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

By purchasing or using a Forest Coaching & Studios Membership, you agree to the following terms and conditions, which supplement and form a part of the  Forest Coaching & Studios Terms of Service. Capitalized terms not defined here have the meaning given to them in the Forest Coaching & Studios Terms of Service.

A “Member” is any individual who has a Forest Coaching & Studios account. A “Membership Holder” is any Member who activates and pays the monthly subscription fees for a Membership. A “Membership” is either an All-Access Membership or a Digital Membership, as defined below.

Membership Coverage and Billing Cycles

Membership Coverage. Purchasing a membership subscription in connection with your purchase of a Forest Coaching & Studios session or educational package is referred to as an “All-Access Membership.” An All-Access Membership provides you with full access to Forest Coaching & Studios available classes, content, and features in one household. A “Digital Membership” is sold separately and provides you with access to Forest Coaching & Studios available classes, content, and features on any Apps. A Digital Membership does not provide you with access to any classes, content, and features on any Forest Coaching & Studios Product. A Digital Membership can be purchased from Forest Coaching & Studios website or via an App Provider (mindbodyonline) where Forest Coaching & Studios makes the App available.

As a Membership Holder you may possess one or more Memberships. We may impose restrictions on the number of streams that can occur simultaneously under a single Membership or the maximum number of users per Membership. The Membership Holder is responsible for all activity under their Membership.

Billing Cycles and Auto-Renewal. Any Membership recurs on a monthly basis until it is canceled in accordance with these Membership Terms. Billing occurs at the beginning of the Membership cycle and provides access for one month thereafter. By purchasing a Membership, you acknowledge that your Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Membership by you or Forest Coaching & Studios. To change or terminate your Membership, go to your Account Settings or contact Member Support.

Prepaid Periods. You may be given the opportunity to prepay for a period of one or more months of your Membership. At the conclusion of a prepaid period, unless you cancel prior to renewal, and to the extent permitted by applicable law, your Membership will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Membership.

Other Offers.  Forest Coaching & Studios may offer additional promotions or discounts related to Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Membership Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Membership and will be charged in accordance with these Membership Terms.

Account Registration

Account Registration. You can register by successfully completing a Forest Coaching & Studios purchase, or by creating an account on the Forest Coaching & Studios Site, a Forest coaching extension through MindbodyOnline. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes promptly to your account page.  Forest Coaching & Studios use of your information is governed by our Privacy Policy. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.

Termination or Cancellation of Subscription

Cancellation of Membership. If you terminate your Membership, you may use your Membership until the end of the then-current period and your Membership will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the Membership fee paid for the then-current Membership period, subject to specific cancellation and refund rights listed below for certain Canadian residents.

Suspension/Termination by Forest Coaching & Studios. Forest Coaching & Studios may immediately terminate or suspend your account, and all or a portion of your Membership, without notice if:

1. your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend);
2. you provide false or inaccurate information;
3. you violate these Membership Terms, the Terms of Service or any other Forest Coaching & Studios rules or agreements then in effect;
4. you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or
5. if you engage in conduct that is threatening, abusive or harassing to Forest Coaching & Studios employees, agents, or otherForest Coaching users, including, for example, making threats to physically harm or damage property.

If we terminate or suspend your Membership, your license to use any software or content provided in connection with the Membership is also terminated or suspended (as applicable). If your Membership is terminated, Forest Coaching & Studios has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.

Payment

Amount to be Charged. Membership Holders agree to pay the monthly fee specified when you purchased your Membership (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Membership reaffirms that we are authorized to charge you for that Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.

Billing Authorization. You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for your Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Membership Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Forest Coaching & Studios, nor any Forest Coaching & Studios agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.

Third-Party Payment Processors. You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.

Financed Purchases. If you finance the purchase of your Membership, you agree to abide by the terms of the financing agreement with our financing partner governing your purchase, which will be provided to you separately. Forest Coaching & Studios may treat your failure to abide by the terms of your financing agreement with our financing partner as a breach of these Membership Terms.

Bill Inquiries and Refunds. If you believe you have been billed in error for a Membership, please notify us within 60 days of the billing date by contacting Member Support. Forest Coaching & Studios will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.

24-Hour Cancellation Policy 

We have a STRICT 24 hour cancellation policy​ for schedule changes and session cancellations. We understand that “life happens,” and​ clients are allowed one late notification per year. Subsequent changes or cancellations with less than 24 hours notice will be considered forfeit and will be charged the full session fee.

Should you need to reach us for scheduling, email [email protected] or (608) 205-8266. In an urgent situation, you may reach out to your coach via their Forest Coaching cell/email.

Late Arrivals:​

Arriving more than 15 minutes late to a session without notice is considered a no-show and is billed as a full session.